Comparative Study Of The Items, Objects And Efficacy Of Maritime Liens

This thesis covers the legal system of maritime lien. In addition to the Introduction and the Concluding Remarks, this thesis consists of four chapters.Chapter I deals with the concept, characteristics and nature of maritime liens, elucidates its major characteristics and its nature of charge in order to establish theoretical basics for following expositions.Chapter II, III and IV, the body of this thesis, elucidate and discuss respectively the items, objects and efficacy of maritime liens on the basis of making a comparative study of international conventions and the legislation of states and areas, and of using excellent theories both domestic and foreign for reference, and present the author's opinion on some disputed legal topics, and make recommendations on amendment to the stipulations in respect of maritime lien contained in the Maritime Code of PRC.Chapter II first makes a comparative study of legislation governing items of maritime liens in conventions and some states, to sum up characteristics and details of maritime lien items in worldwide legislation and analyze the trend of international legislation; then analyzes item by item legislation and application of relevant provisions in the Maritime Code of PRC; finally approaches the subject whether other currently non-stipulated items shall be listed in our future Maritime Code.Chapter III first makes a comparative study of worldwide legislation governing objects of maritime liens, summing up types of maritime lien objects; then approaches from various angles the stipulation by our Maritime Code that the vessel is the only maritime lien object, and points out its disadvantages; finally analyzes other non-stipulated objects on the theoretical ground of Dingliche Surrogation with a view to offering references for providing for objects appropriate to our national conditions.Chapter IV focuses on 3 major aspects of maritime lien efficacy, that is, priority among maritime liens securing claims of different kinds, priority among maritime liens securing claims of the same nature, and priority among maritime liens and other charges. The first two aspects concerns rank of maritime lien items, while the last one includes coexistence of maritime liens and ship mortgages as well as that of maritime liens and possessory liens on ship. Finally this part discusses retroactive efficacy of maritime lien and the limitation on it.Applying the method of comparative study throughout this paper and focusing on realization of the value of"public interest, common interest and equilibrium"in maritime lien legislation, this thesis explores to the core of maritime lien system, that is, the items, objects and efficacy of maritime liens, and sets out some opinions and recommendations, with a view to providing references for related studies and judicial practices and to further improving the legal system of maritime liens in our country.