On The International Maritime Transport Of Goods By A Lien

This dissertation briefly covers the area of possessory lien on marine goods.In our country, the provisions as to the lien on goods which are included in Civil Code, Contract Law, Security Law and its judicial interpretation, the author intend to discuss the characteristic of possessory lien on marine goods through the study on the lien's traditional theory in civil law. Expatiating the difference between the general possessory lien on goods and the commercial possessory lien on goods, the author explain the practical significance of this distinguish in marine business with reference to two-type carriage which exist in marine business, there are the domestic coastal carriage and international carriage by sea.The author consider the possessroy lien in Maritime Code belongs to the commercial possessory lien due to its characteristics, acquisition, exercising and so on which differs a lot from the general possessory lien in civil law. In addition, the author also discuss the cesser clause, the exercising conditions of lien under voyage charterparties and the sub-earning clause under time charterparties in this dissertation, and during which the author explored more on the problem that "the relationship between the ownership of transported goods and the exercise of possessory lien", and put forward his own opinion.In addition to the Preface, this dissertation consists of four chapters.Preface briefly concerns the hot disputes on the possessory lien on goods in theory and the legal system of which in our country, illustrate the power of study and the intention of writing this dissertation.Chapter I dwells on the concept, the history, the characteristics of possessory lien in civil law, and the difference between the possessory lien and the plea of simultaneous performance, the mortgage, and the pawn. From the nature of the possessory lien, Chapter I deals with the difference between the possessory lien in rem and the credit possessory lien by which the different provisions about possessroy lien in various countries, especially explores more on the possessroy lien systems in Common Law.Referring to the practice in the carriage of goods by sea, Chapter II concerns on the problem of possessory lien on marine goods in our country by studying the different provisions in different countries. In addition, Chapter II elucidates the establishment conditions, restriction on exercising conditions, effective scope, the lienor's rights and obligations, the acquisition, the extinguish and the means of possessory lien on goods.Chapter III stresses the definition, characteristic and the debts secured ofpossessory lien on marine goods which provided in Chinese Maritime Code.Chapter IV deals with the possessory lien under charterparties, during which explores the definition and the characteristic of possessory lien , the cesser clause and the lien clause under voyage chaterparty, the sub-earning clause under time charterparty, and the provisions about lien in different standard chartparties.