Research On The Priority Of The Possessory Lien

The possessory lien, which refers to the lien on the ship, is of the development and application in the maritime lien on civil law. According to art25 of CMC, the possessory lien originally is set up to protect the interests of ship-builder and ship-repairer as a security on ship. Now when the property law is enacted, the scope of lien is not limited to several specific contracts, therefore, the author thinks that it is necessary to make other types of possessory lien in practice included in generalized possessory lien, with the establishment of a complete legal system of the possessory lien. Moreover, since both the domestic legislation in each country, and the relevant international conventions on ship security, the repayment of possessory lien is arranged after maritime lien, and before the ship mortgage, which itself would be worth investigating whether reasonable, the scope of the possessory lien expanded, whether all possessory lien in accordance with international practices are arranged by order is worth studying.Specifically, this thesis is divided into four sections to describe the complete legal system of possessory lien. The first chapter analyzes and introduce some basic theoretical issues pertaining to lien in the civil law system, with the domestic regulations of two law system as the basis, the civil law system lien is divided into dinglichkeit and debt, our law uses dinglichkeit. Accordingly, the regulation of the common law system is more complex, the lien is divided into different types, Chinese legal system of lien is close to the common-law lien. Thus, the author summarizes the characteristics of Chinese legal system of lien and its constitutive requirements, as the foundation of analysis for the second chapter. The second chapter, as the latest regulations of the property law for turning point, combined with the practice of maritime, maritime salvors and wreck removals and other maritime creditors are brought into the adjustment range of maritime law, the author thinks that, on the premise of creditors'possession of ship lawfully, it can establish corresponding possessory lien to guarantee the maritime claims, the law shall pay attention to whether the lien conform to constitutive requirements, rather than the limitation to certain range. But, in practice, the lien on the ship is relatively rare, right abuse is very difficult to occur. The third chapter focuses on the main part of the paper, namely possessory lien' priority on the ship security, on the basis of comparison the difference between possessory lien and the maritime lien and ship mortgage, this paper mainly discusses, priority between ship-builders', ship-repairers', maritime salvors', wreck removals' possessory lien and the maritime lien and the ship mortgage, the author breaks conventional practice on the ship security system, the maritime creditors'possessory lien are arranged before maritime lien, to realize the principle of equity in civil law, embody the efficiency and justice of the law. Finally, the author put forward some opinions for future maritime revision, in order to perfect the possessory lien system in maritime law system..