Ar cle 450 Where the property retained under a lien is a divisible thing, the value of the retained property
shall be equivalent to the amount of the obliga on.
Ar cle 451 A lienholder is obligated to well keep the retained property and shall be liable for compensa on
where the retained property is destructed, damaged, or lost due to improper custody.
Ar cle 452 A lienholder has the right to collect the fruits and proceeds accrued from the property retained
under a lien.
The fruits and proceeds as speci ed in the preceding paragraph shall rst be applied to o set the expenses
for collec ng them.
Ar cle 453 A lienholder and the debtor shall reach an agreement on the term of performance of the
obliga on a er the property is retained under the lien; where there is no agreement or the agreement is
unclear, the lienholder shall give the debtor a period of 60 or more days as the term of performance, unless
the retained movable property is fresh, living, or perishable so that it is hard to keep it for long. Where a
debtor defaults upon expira on of the term of performance, the lienholder may, upon agreement with the
debtor, appraise and accept the retained property to fully or par ally sa sfy the obliga on, or be paid with
priority from the proceeds obtained from auc on or sale of the retained property.
The appraisal or sale of the retained property shall be based on the market price.
Ar cle 454 A debtor may request the lienholder to enforce the lien a er expira on of the
term of performance of the obliga on; where the lienholder fails to do so, the debtor may request the
people’s court to have the retained property sold at auc on or in a sale.
Ar cle 455 A er the property retained under a lien is appraised and accepted by the lienholder as full or
par al sa sfac on of his claim, or is sold at auc on or in a sale, where the value of the retained property or
the proceeds obtained from auc on or sale of the retained property is in excess of the amount of the
obliga on owed, the excessive por on shall belong to the debtor, while any de ciency shall be sa s ed by
the debtor.
Ar cle 456 Where a lien is created on a movable property on which a mortgage or pledge has already been
created, the lienholder has priority to be paid.
Ar cle 457 A lien is ex nguished where the lienholder loses possession of the retained property or accepts
another form of security provided by the debtor.
Part Five Possession
Chapter XX Possession
Ar cle 458 In the case of possession of immovable or movable property based on a contractual rela onship,
ma ers such as the use of the immovable or movable property, the bene ts therefrom, and the default
liability shall be subject to the agreement in the contract; where there is no agreement thereon in the
contract or the agreement is unclear, the relevant provisions of laws shall be applied.
Ar cle 459 Where damage is caused to the immovable or movable property by its possessor as a result of
use of the property, a mala de possessor shall be liable for compensa on.
Ar cle 460 Where an immovable or movable property is in the possession of another person, a person
holding a right in the property may request the possessor to return the original property and its fruits and
proceeds, provided that the necessary expenses incurred by a bona de possessor for the maintenance of
the immovable or movable property shall be paid.
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