Argumentation About The Realization Of Maritime Line

A maritime lien is an ancient and unique legal system in maritime law, the content of maritime lien is abundant and the legal traditions is different in every country, there is also difference between provisions of different national legislation.The meaning of the realization of maritime lien is a legal process and status that the claimant of maritime claims makes the particular maritime claim that maritime liens guarantees satisfy according to statutory sequence, by way of a series of legal procedures containing arrest the concerned vessel under the help of the court. The enforcement of maritime line is different form the realization of maritime lien, the enforcement of maritime line emphasizes how the oblige realizes on right; but the realization of maritime lien is depended on the act of the oblige, the value of vessel, legal procedures and so on. So that the realization of maritime lien is an unification of legal process and legal consequence. The maritime obligor is active to settle debt that is the realization of maritime claims and the elimination of maritime lien, not the realization of maritime lien. The realization of maritime lien needs two conditions, at first, maritime lien is exist and valid. Secondly, maritime court can arrest the concerned vessel.How to confirm the concerned vessel is important to the realization of maritime lien. Usually, we need to analyses whether the maritime claim guaranteed by maritime lien arises from the vessel. But in exceptional circumstances, the confirmation of the concerned vessel needs in-depth analysis. When the court reviews if the maritime lien is valid, at first, we should regard the confirmation of the oblige of maritime lien, for example, seaman's salary is guaranteed by maritime lien in labor dispatch, and the labor company just have creditor's rights according to contract but maritime lien. Secondly, the court should review the content of maritime claim. In our country, annual bonuses should belong to seaman's salary and enjoy maritime lien. Maritime line arises from maritime rescue between each other sister ship. Otherwise, when the maritime obligor is active to afford assurance, the maritime lien is not disappear, the oblige still have the maritime line, and the civil assurance accepted just a second baseman for the complete realization of maritime claim.About the right amount of maritime lien, if the maritime obligor afford obligation fund after this accident, the Personal Injury and Property damage and Port dues which produced by this maritime accident will not be guaranteed by maritime lien when the obligation fund be distributed completely. If the maritime obligor refuses to afford obligation fund, at first, we should make sure the section that should achieve in obligation fund, then, put the section into the same maritime claim, and the proportion in total maritime claim guaranteed by maritime lien is the amount of maritime lien.When the shipping company goes bankrupt, how to realize maritime lien is up to different status. Before bankrupt proceedings, the oblige has not apply to arrest the concerned vessel, the bankrupt proceedings will make the exercise period over and the vessel will be in the control of insolvency administrator, so the oblige can not apply to arrest the vessel and realize the maritime lien. After arresting the concerned vessel, the shipping company become insolvent, if the arrested vessel is released from detention, the release of the vessel will make the realization of maritime lien difficult. In order to solve these contradictions, the case about the bankruptcy of shipping company just belongs to the scope of jurisdiction of maritime court.