Study On The Carrier's Lien In Sea Transport

Sea carrier' s lien is a popular topic in carriage of goods by sea nowadays because the correct implement of lien is very important for both carrier' s and merchant' s interests. Those two parts are components of one question, when we insist on protection to the first, we should consider the bona fide latter' s interest at the same time. If we hope sea carrier' s lien, an important security, take effect as we expect, we should make comprehensive analysis on the requisites and legal proceeding and so on questions for it.The study method is that fundamentals in civil law go first, then particulars in sea transport be considered. After research on the continental law about lien, the writer finds that it is necessary to give special protection to sea carrier' s lien, besides the general provisions in civil law. And sea carrier' s lien can be put into three conceptions, that is to say lien on cargo, lien on sub-freight and lien on sub-earning(including sub-freight and sub-hire). The relevant provisions in the Maritime Code are provision 87, 88 and 141. Lien on cargo is the main topic of this thesis, Chapter 2-6 are all relevant to that. And the emphasis are the requisites and legal proceeding of sea carrier' s lien on cargo. In chapter 7 lien on sub-freight and lien on sub-earning are analyzed, and the conclusion is that both liens are assignment of creditor' s right and not possessory liens.