On Maritime Liens

Maritime Lien is defined as a kind of privilege which owned by some specifiedmaritime creditor according to the maritime law. In other words, maritime lien is akind of real right for security arised upon the lawful particular claims owned by themaritime creditors who have priority to be paid out on ship. The maritime lien systemis one of the most disputable system in maritime law area, ranging from its nature,object, items, priorities and choice of law. Maritime lien system is the object of thisdissertation and its main study focus on the problems which existed in China'smaritime lien system. The purpose of this dissertation is to provide reference andsuggestions for maritime lien in China through comparing and analyzing theories andpractices of maritime lien in other countries and international conventions. Maritimelien is not only a substantive right but also a unique security right in maritime law.Concerning the object of maritime lien in China, the range of it should not be limitedonly to ship, it should be expanded to ship, freight and accessories of the ship andfreight. With regard to the maritime lien items, the claim for wreck removal and themaster's disbursement should be acknowledged as maritime lien items. The preferredmaritime lien system could be applied to balance the maritime lien and the maritimemortgage. As to balance the maritime lien and the possessory lien, the solution is toendow the repairman who has possessory lien on ship with maritime lien. The choiceof law in maritime lien system is more complicated. Applying the law of flag as themain principle plus lex fori as the complementary method is the better solution on thechoice of law in China's maritime lien system.