Study On The System Of Maritime Possessory Lien

The system of maritime possessory liens ("the system" in short) is one of the important systems of maritime law. However the system in China is still at an improving stage. This paper has made a systematic summary on the system prevailing in China,and made a detailed study on some aspects as follows:the relationship between the system and other real guarantees;the natures of the system;the legal foundations of the lien,lienor's obligation:execution;extinguishing and so on The paper concludes that the system is a special and separate system from those in ordinary civil law and make up a important part of maritime law,thus it should be prescribed by the special law,according to its nature and purpose,the system should apply universally to all maritime matters not only to the situations prescribed by the CMC;the property under lien should not only be those owned by the maritime debtor,but also be those directly involved with the maritime claims,provided that those not hamper the public interests;the maritime possessory lien is one of the legal real securities,not an agreed guarantee,so the maritime lienor has right to resist any other parties. Anyhow,the establishment,execution,extinction of the maritime possessory lien should strictly follow the provisions stipulated by the law. The establishment and improvement of the system is not only to meet the need of maritime economic development,but-also is to meet the requirement of maritime law construction.