The Study On Several Question Of The Component Element Of Lien

Lien is one of Guarantee System of debt regulated by Civil Law. When the creditor occupy the debtor's property caused by jural reason, the creditor have right to refuse to return the debtor's property and continue occupying it, if the debtor not perform his obligation. The right which the creditor can keep the debtor's property is lien. Law has designed the lien system so as to seek the civil law's principals of impartial and reciprocal justice. More specifically, under the circumstances that the creditor has occupied the debtor's property existing a certain implicating relationship with de credit, if the debtor is permitted to withdraw his or her property while not to vest the creditor with reciprocal rights before the creditor can be liquidated, it could lead to the consequences that the rights of the creditor are reluctant to exercise, even the creditor could never gain liquidations, undoubtedly which is extremely partial to the debtor. So the law vests the creditor with the lien upon the debtor's property to ensure the liquidation. After the creditor doesn't still liquidate the due debt, the creditor can be equalized from the subject matter of lien to satisfy his obligatory right. In the process of studying and observing the legislation of other countries, we discover that the scope of lien's effect in our civil law is getting small, the law fiction is not very good. These limitation of law basis only depend on judicial interpretation to explain and standardize is not enough. At the time of the Property Law is enacted, the writer inquires into some problems existing in component element of lien system and tries to correct and dear some unreasonable and confused understanding and explaining. There are two chapters in this thesis: Chapter one is summary of lien system and the component element of lien, it make some presentation on conception, character and purpose of lien. Chapter two is about the several problems in component element of lien system. It including: the exceptional condition of lien, specially in notretentionsrecht; the manner of chattel occupancy by creditor; the system of acquisition in good faith of lien; about the chattel scope of lien, it discuss about the real estate can be or not be the object of lien and the implicating relationship between creditor's right and the chattel. The end of article summarize the viewpoint of the whole writings.