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Research On The Issue Of The Maritime Lien

Posted on:2003-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhangFull Text:PDF
GTID:2156360092965479Subject:International Law
Abstract/Summary:PDF Full Text Request
Maritime lien is a unique legislation system of maritime law. Because of the difference of the legislation in various countries,there is conflict in the course of exercising it. In China,it is comparatively late when the Maritime Code was promulgated. Therefore,the theoretical research of maritime lien is not so mature with the result that it is often misinterpreted in practice,bringing difficulty for judicial uniformity. In connection with international laws and the relevant legal provisions of PRC and through a number of problems in judicial practice,this Article discusses the relevant problems relating to maritime lien.This Article first discusses the origin,the development and the current situation of maritime lien and then demonstrates the nature of maritime lien being real rights for security in combination with the relevant provisions of real rights law and security law in civil and commercial laws. On this basis,the writer comes to the conclusion as to the characteristics of maritime lien. Afterwards,this Article discusses the content of maritime lien. There are three sections in this chapter,respectively discussing the subject,the items of maritime lien,the order of recovery and the cause of the discharge of maritime lien. In this chapter,the writer,combing with international law,the relevant legal provisions of marine shipping countries and a number of cases,comments the legislation of maritime lien of PRC and presents the writer's own opinion. In this part,the writer discusses maritime lien in terms of theory. Third,the writer explains the problems encountered in course of exercising maritime lien on basis of foregoing theoretic discussion. In this chapter,the writer explains the four issues which are more often disputed in judicial practice,that is,the subject of maritime lien of crew wages,the relation between exercise of maritime lien and lawsuit when the ownership change,the relation between exercise of maritime lien and arrest of ship,the relation between exercise of maritime lien and limitation of liability for maritime claim. In this part,the writer analyzes the various doctrines and relevant cases,and presents the method of resolving the problem. The writer discusses in terms of the practice of maritime lien in this part. Finally,summarize the whole article and explain the importance of the research of maritime lien system.
Keywords/Search Tags:Real right, Real rights for security, Maritime lien, Suggestion on legislation
PDF Full Text Request
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