Impact Of Expropriated And Auctioned Ship By Administration On Maritime Liens

Can the claimants of maritime liens perform maritime lien when the ship has been expropriated by an administration? Since this question is about the conflict between public power and private right, it has always been a sensitive issue. In academia, there are two very different views about it. as well as in practice. This paper attempts to do further analysis on the issue by the rationalities and limitations of the two views.Firstly, from the conflict between public power and private right, this paper holds that the public power should limit to the private right when the abuse of the private right is against the public interest. And when the person performing his private right is not against the public interest, the interference of the public power into the private right should not be expanded arbitrarily.Secondly, from the auction of the expropriated ship by an administration, this paper studies on the meaning and nature of expropriated and auctioned ship, and the legal consequences of them. Besides, the author introduces the different opinions in academia and professes his perspective on the basis of current laws and the relevant international conventions.Finally, by the summary of above analysis, this paper points out that the former clainmants of maritime lien can apply to the administration for the compensation from the auction of the ship in the repayment. Besides this paper deals with several related legal issues about the request for repayment.