Research On Legal System Of Possessory Lien On Goods Carried By Sea

The carrier's possessory lien on goods under an international contract of carriage of goods by sea is a significant legal remedy way for protecting carrier's lawful claims like collecting freight, which is valued by maritime laws of most countries. Compared with the relatively mature legal theory and system of major shipping countries and regions, Chinese regulations about possessory lien on goods carried by sea are insufficient and controversial. Besides, there are some conflicts between possessory lien on goods carried by sea and other legal issues including preservation of maritime claims and Custom's right of handling goods, etc. The difficulties in application of law are caused by those controversies and conflicts.This paper covers the possessory lien on goods carried by sea, which is a special system in maritime law obviously different from common possessory lien, by using comparative analysis and documentation research after reviewing a large number of domestic and foreign publications. Firstly, fundamental concepts and legal attributes of possessory lien on goods carried by sea are introduced in this paper. After comparing related legislations in China with legislations in other major shipping countries and regions of both Civil Law System and Common Law System, international conventions, customs and usages, the result is that protecting the freight in a property-right way is uniformed in a global extent. Secondly, starting with theory foundation of the general law, this paper states the conditions and restrictions of possessory lien on goods carried by sea, including possession on goods, title of goods, matured debts, relationship, and so on, and analysing the disputes in detail. Then the point of the paper is proposed referring to reasonable legislations of other countries. Thirdly, this paper describes the effect, exercise means, time, limits, auction, payment, wrongful lien, extermination of the possessory lien on goods carried by sea. These should be considered carefully in exercising a possession lien, which provide sufficient and effective reference and supplement for applying the provisions related to possession lien on goods under Maritime Code of PRC. Fourthly, comparatively analyzing the relationship and distinctions of possessory lien on goods carried by sea and undelivery of goods at discharging port, preservation of maritime claims, Custom's right of handling goods, other property rights. The solutions of the conflicts are provided consequently. Finally, the main points and suggestions of the paper are concluded.