A Study On Certain Issues Of Law In Relation To Possession Lien On Vessel

Possessory lien on vessel is a kind of possessory lien which takes vessel as its object.It belongs to real right for security on vessel.Possessory lien which takes vessel as its object has generalized and division narrow.The generalized possessory lien on vessel refers to all take the vessels as the object lien.The narrow possessory lien on vessel only refers to ship builders or repairers' possessory lien on vessel in article 25 of our country Maritime law.This thesis elucidates the narrow possessory lien on vessel. Possessory lien on vessel is a type of real right for security on vessel which parallels maritime lien and ship mortgages.But ship mortgages mainly guarantee the borrowing of debt,maritime lien guarantee specific maritime claims.So possessory lien on vessel is important to protect ship builders and repairers' legitimate interest.And shipbuilding industry is the microcosm of modern large-scale industrial,providing equipment for water transport and energy transport and ocean development.It is strategic industry which relates to national economic development.It is also an issue concerned by international shipping community that how to provide realistic legal protection or security for ship builders or repairers.This thesis could be divided into six parts on structure:the first part is the outline of possessory lien on vessel,briefly introduces the differences in possessory lien on vessel between continental legal system and anglo-amarican legal system and our country civil law,and the conception and classification and the subject matter,pointing out the issues in this thesis.The second art elucidates the application of law in possessory lien on vessel,which means the law in our country,including general Provisions of the civil law and Reality of laws and Guarantee law and maritime law and so on.The third part is the issue between possessory lien on vessel and implication in relationship,from implication in relationship to the same legal relationship,analysising the feasibility of commercial lien application in possessory lien on vessel.The forth part elucidates the acquire possessory lien on vessel in good faith.Analysis the elements of acquired in good faith of lien and the application of article 106 in reality of law and some special problems about acquiring possessory lien on vessel in good faith.The five part discusses the application of law in foreign possessory lien on vessel.The six part as the conclusion of this thesis,which summarizes the issues of possessory lien on vessel in this thesis.