Research On The Lien Statutory

In our country, the lien is an important guarantee system. As a statutory real right for security, the lien has statutory. The lien statutory is opposite in autonomy of other real right for security, mainly refers to the establishment of a lien not to need the parties to agree beforehand, when satisfies the conditions prescribed by the law may be established. The lien is under the domination of the principle of legal real right, the lien potency, the content and the realization belong to the principle of legal real right. The lien statutory only includes two aspects:the conditions and the scopes prescribed by law.This article besides the introduction and the conclusion is constituted by the following four parts:The first part primarily analysis the relationship between the lien statutory and the principle of legal real right, define the concrete conception and extension. The conception of the lien statutory is that the establishment of a lien not to need the parties to agree, and can't agree beforehand. The extension of the lien statutory includes two aspects:namely the lien's conditions and the scope prescribed by law.The second part is to proof the legitimacy and rationality of the lien statutory. Its legitimacy is that the debt secured by a lien is most of the labor claims. Such debt is essential in protecting and appreciating the value of the chattels, and it is important to encourage such creative activities, no harm for the interests of the obligor and the third party. The rationality is that the lien is helpful to safeguard the security of transaction, reduce transaction costs and improve the efficiency of lawsuit, and to achieve substantial justice and fairness eventually.The third part is to study the specific content of the lien statutory. The content of the lien statutory is determined by the lien's value, economic base and legal traditions. The lien may establish on the chattels that are owned by the third party, but this is not equal to the well-meaning acquisition of the lien. For certain special debts, obligee can advocate the lien, even if the obligee knew the chattels do not belong to the obligor. The possession is an important function of the lien, the loss of possession did not mean the lien eliminates certainly. "The same legal relationship" equates incompletely in "implicates the relationship". To define "the same legal relationship" must differentiate the type of the debt, in the contract, the returns of the chattels and the obligee's rights must base on the identical legal relationship. But in the legal debt, the identical legal relationship is refers to the debt is caused by the chattels owned by the obligor. Real Right Law has opened up the applicable scope of the lien, but the lien is not applicable to all debt, sale contract debt and tort obligation can not be applied.The last part is to study the characteristics of the lien in current law and the influence in the parties, and have a brief reflection on the lien statutory. The statutory causes the lien to become a double-edged sword; the legislators have to make scientific institutional arrangements, to ease the statutory of the lien. It is a good way to allow the parties resolve the lien with autonomy of will. The parties may exclude a lien in the establishment; reach an agreement on the grace period and the realization of the lien. The agreement to establish a lien agreed by the parties should not be denied absolutely, the pledge can be set up when meet the established conditions of the pledge.