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Analysis On The Legal Issues Of The Possessory Lien On Marine Cargo

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:D B XuFull Text:PDF
GTID:2166330335988437Subject:International Law
Abstract/Summary:PDF Full Text Request
Provisions refering to the lien on goods in our country are mainly included in Contract Law,Civil Code,Security Law and its judicial interpretation.As to the possessory lien on marine cargo,it only relates to the 87th and 88th articles in Maritime Law in China.Because of the complicated legal relationship in the carriage by sea and lack of appropriate provisions of the possessory lien on marine cargo in our country,the possessory lien on marine goods has caused so much disputes in the carriage by sea following the rapid development of shipping undertaking.The way how to properly use the the possessory lien on marine goods has caused lots of concerns when it comes to the carrier's own interests.This dissertation has made a systematic study on the characterisitics,establishment conditions and exercising conditions of the possessory lien on goods.In addition to the introdution,this dissertation consists of four chapters.Chapter one introduces the basic theories of the possessory lien on marine goods and the different provisions about possessory lien in various countries.Chapter two mainly disscuss the establishment condition,exercising condition and extinguishment of the possessory lien on goods.Chapter three emphasizes the lienor and goods owner's rights and obligations and the debts secured of possessory lien on marine goods.Chapter four elucidates the problems concerning the belonging relationship of goods ownership and put forward some advices about improving the law system of the possessory lien on marine cargo.By the study and analysis,the writer hopes that the lienor's interests and rights can be legally protected and some improvement of the possessory lien on marine cargo can be made.
Keywords/Search Tags:the Possessory Lien, the Possessory Lien on Marine Cargo, the Belonging Relationship of Goods Ownership
PDF Full Text Request
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