From The Characteristics Of Maritime Liens To See The Unification Of Maritime Liens

Maritime liens is a more distinctive one in the property rights'system which is on the property such as ships at sea. With the social life and the development of maritime transport, maritime liens in the maritime industry plays the increasingly important role. Due to the differences on Maritime Liens and regulations applicable in different countries,the same case would have different legal outcome of the trial, and sometimes have opposite results. Maybe the parties are likely to have doubts about the fairness. In order to avoid such a result, countries and international organizations unified in their efforts to explore ways to unify the maritime liens.From this perspective on Maritime Liens'characteristics, this paper analyses the procedural and substantive contents which is related to the characteristics of maritime liens and summarizes, compares and evaluates Maritime Liens system in the Two Schools and the Conventions. From the theory and viewpoints of maritime liens, this paper studies the law questions to propose the feasibility advice about the unification of maritime liens. In this paper, in addition to the introduction and conclusion, there are four parts:The first chapter is about summary of maritime liens in order to establish theoretical basics for following expositions. Firstly, maritime liens roots from the Mediterranean coastal countries in ancient Greece and it is a maritime commercial practices. The emergence of maritime liens relates to ancient European adventure loan system. Although it is hard to definite maritime liens precisely, we can start from the characteristics and nature of, and to seize its essence. This paper compares the nature of maritime liens in Two Schools and ensures that maritime liens is a priority of security interests which is consistent with its essence, and in line with the international trend.Chapter II is mainly about the statutory, priority and substantive contents on Maritime Liens. In discussing the statutory, the paper links to the laws and regulations and international conventions about maritime liens, and analyses the object of maritime liens deeply to explore its trend. In priority, the paper introduces the development of the priority on Two Schools, and analyses the compensation order of maritime liens.Chapter III is mainly about the secret, indelible, procedural and procedural contents on Maritime Liens. About the secret, the paper focuses on how to pen the mysterious veil of maritime liens, and to protect the bona fide purchase of vessel. In the content of indelible, it includes the elimination of transfer of maritime liens. Discussing the procedural, the paper introduces the action in rem and the arrest of ship. By comparing of the characteristics of Two Schools , to search for common ground. Chapter IV discusses how to achieve the unification of maritime liens. This is the core of this paper. By analyzing the practice of Maritime Liens reunification, as well as the obstacles encountered, it is to establish the basic principles of unification. At last, from the perspective of practice, the viability of the proposals put forward. The main method is comparative law. Famous maritime scholar, Tetley have said"Comparative method is very important to study law, if not essential. Because unless his understanding of the law of the countries, can we truly understand their own law."2...