A Study On The Relevant Legal Issues Of Possessory Lien On Ship

Possessory lien on ship is one of the most important contents of security right on ships. Establishment of the system of possessory lien on ship plays an important role in protecting the rights of maritime creditors effectively. Art.25 of China Maritime Code only defines the concept of possessory lien on ship on particular occasions, but does not make the legal status of other kinds of possessory lien on ship explicit, thereby the system of possessory lien on ship is incomplete. In China, there is no deep and systematic study on this subject.In order to improve the legal system of possessory lien on ship in the Maritime Code, this dissertation is under the direction of general theory of civil law and the newly-enacted Real Law, combining with the relevant stipulation of international conventions and other domestic law, analyzing the deficiency of the Maritime Code regarding possessory lien on ship systematically, and then putting forward suggestions of improvement of the modification of the relevant provisions of Maritime Code.In Chapter 1 dwells on the complete conception of possessory of ships and classifies it. Chapter 2 mainly analyses the theories of legal foundations and the effect of possessory lien on ship. Chapter 3 briefly discusses the reasons and the effects of extinguishment of possessory lien on ship. Chapter 4 makes a detailed study on the order of priorities among possessory lien on ship, maritime lien and ship mortgage. The aforementioned chapters lay the foundation of Chapter 5 which provides a further discussion on the performance and realization of possessory lien on ship. Finally, Chapter 6 comes to the conclusion on how to solve the issues concerning possessory lien on ship and to constitute an integrated system of possessory lien on ship in Chinese law.