Houderschap
Holding
Holding is the legal position in which a person exercises control over a thing for another without the intention of holding that thing as its owner.
In Dutch civil law, detention is distinguished from possession. Detention arises where a person holds a thing on behalf of another, such as a tenant managing premises for the landlord or a bailee taking goods into custody. The detentor thereby acknowledges that another party is the owner and does not assert any claim to ownership.
This distinction is relevant to the protection of rights, the acquisition of ownership by prescription and the application of evidentiary rules. Detention may, for instance, give rise to liability in tort or to the creation of a right of retention. In practice, detention commonly occurs in contractual relationships such as lease, loan for use or storage.
“The garage keeper has possession of the customer’s vehicle for as long as it remains under repair.”
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