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On The Maritime Law A Lien

Posted on:2002-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Q YinFull Text:PDF
GTID:2206360032456700Subject:International Law
Abstract/Summary:PDF Full Text Request
this dissertation covers the area of possessory lien in maritime law. The Maritime Code of the P.R.C mainly regulates the relations arising from maritime transport and those pertaining to ships. It is necessary to formulate special stipulations on securities for this purpose. The Code has laid down three kinds of securities, namely, mortgage of ships, maritime liens and possessory lien, among which, the stipulations on possessory lien are the most abundant and have aroused hot debate. Based on the traditional theory of possessory lien in civil law and with reference to British shipping law, this dissertation sets out a full analysis of the possessory lien in maritime law. In addition to the Preface, this dissertation consists of four chapters. In the preface, this dissertation briefly concerns a few of the hot disputes on the possessory lien stipulated in the Code and illustrates the methods of study. Chapter I dwells upon the concept and characteristics of traditional possessory lien in Continental Law system, the concept and characteristics of possessory lien by ad hoc Chinese civil law, and a general brief of possessory lien stipulated in the Code. Chapter II elucidates the concept, acquisition, effects, exercise and extinguishment of possessory lien on ship. Chapter LII is devoted to a comprehensive analysis of possessory lien on marine cargo, of which, emphases are laid on the subject matter, debts secured, establishment, effects, exercise and distinguishment of possessory lien on marine cargo. Chapter IV deals with the possessory lien under charterparties, with cesser and lien clause in voyage charterparty and lien on earnings from the sub-charter in time charterparty highlighted.
Keywords/Search Tags:possessory lien, possessory lien on ship, possessory lien on marine cargo, possessory lien under charterparties
PDF Full Text Request
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