On The Validity Of The Lien

Lien is one of the important real rights granted by way of security. .lien's effect is the essence of this kind of real rights. And it also reflects lien's feature. This thesis is intended to discuss lien's effect in the following four parts.The first chapter introduces the foundation of lien's effect, in three parts, i.e. general Introduction; component factors-objects possessed by the creditor. The coming term of payment, implicating relation with the object by the creditor, the third is factors which affect lien's effect.The second chapter discusses lien's effect on real right. Lien is one of legal security real right, it's effect reflects that of real right distinctively it mainly includes four parts: i. e .lien's legal effect, lien's effect on the right of disposition-the core of lien's effect on real right, lien's exclusive effect which exist in comprehensive cases, the author emphasize on the relation between the lien and legal mortgage on real estate. lien's effect on right of real claim--based on the right of occupation, lien's effect on the right of recourse doesn't exist according to the lien's feature.The third chapter discusses lien's guarantee effect, it includes two major factors: one is lien's value effect-the creditor has the right to realize property which occupied by the creditor due to the value effect .the other one is lien's guarantee effect-the priority and indivisible effect, i. e . the creditor has the option on lien priority to the obligatory right and some common real right granted by way of security.The fourth chapter introduces the forfeit of lien's effect in following three cases: i. e. alternative issuing a guarantee by the debtor losing the possessed object and deferring of the term of payment, the viewpoint in the paper broaden the scope of the current legislation on that of lien.At the end of the paper the author put forward some practical advice which based on the viewpoint discussed in the paper, i. e -to stipulate the institution on the bona fide possession, expand the reason that forms the lien etc.