A Study From Aspects Of Law On The Problems Of The Possessory Lien In Carriage By Sea In China

As the shipping undertaking continues to develop, the possessory lien on cargo has also been causing much dissension in the carriage by sea, and only the 87^th and 88^th articles have the rules relating to the possessory lien in our Maritime Law. The right exercise of the lien is much important for protecting the right of the carrier and the goods' owner. As an assuring method it also plays a vital role in the sea carriage.This thesis proposes some own ideas of the lien through analyzing conditions, law attributes and the questions of exercise. Chapter one mainly introduces the basic theories of the possessory lien on cargo; chapter two, three and four discuss effective conditions, law relationship and exercise situation concerning the possessory lien on cargo in carriage by sea. Chapter five analyses the unrevised causes of related laws and put forward some suggestions about improving the law system of the possessory lien on cargo in carriage by sea. Through the above chapters' discussion around the key questions concerning the legal possession, the belonging relationship of the goods' ownership and the lien in destination port, this thesis intends to solve the problem of the possessory lien on cargo being exercised by the carrier in the destination port, balance the benefit of both sides and then promote development of shipping undertaking. By the analysis and discussion, it can hope that some contribution will be made towards the improvement of the lien in law system.