The Possession Lien On Cargo In Carriage By Sea Under The Real Right Law

The possessory lien on cargo in carriage by sea is an important lien law, whose proper exercise is not only for the protection of creditors, but also for safeguarding the legitimate interests of debtors. However, our country's maritime law does not establish sound regulations of it, which causes great difficulty in practice. There is no doubt that regulatory reform of Real Right Law with regards to lien exercises a great influence on the possessory lien on cargo in carriage by sea. Therefore, this thesis attempts to take a fresh look at the system of the possessory lien on cargo in carriage by sea from the perspective of Real Right Law, with a view to improving its maneuverability in performance, which will balance the benefit between the parties, help the right to achieve its legislation goal and promote the healthy development of the shipping industry.This thesis consists of three parts: Introduction, Main Body and Conclusion. The Main Body contains three chapters.Chapterâ… introduces the basic theories of the possessory lien on cargo in carriage by sea, which contain its definition, law attributes, conditions, and the related concrete provisions in our country's legal system.Chapterâ…¡focuses on analysis of creative regulations of Real Right Law with respect to lien from application, classification, content, and implementation. Then it makes a specific analysis of the significances which these creative regulations bring to the possessory lien on cargo in carriage by sea: expand the scope of the lien holders, broaden the application scope of lien, alter the parties' rights and obligations, and ensure the implementation order of lien.Chapterâ…¢puts forward four proposals to improve the possessory lien on cargo in carriage by sea on the perspective of Real Right Law, on the base of clarifying its legislative shortcomings: expand the ownership title to the affected cargos, enlarge the parties' scope of commercial lien, broaden the joint relationship between the lien and affected cargos, and provide supplemental regulations to achieve an order lien procedure.