The Theory And Application Of Maritime Liens

The maritime lien is a universally recognized legal system playing an unsubstitutable role in balancing the relations of interests among the maritime creditors. However, each state may embrace various theories and practices due to its different backgrounds of the system's origin and development, which constitutes a severe conflict with the fact of increasingly frequent transnational maritime business.In chapter one, after the widely accepted characteristics of maritime lien, a general conception of maritime lien is stated. Through the comparison between the action in rem and action in personam and analysis of the great influence the distinction makes on the maritime lien system, and also, the current situation worldwide, a further tendency of international unification will be summarized. After the introduction of main doctrines, it determines maritime lien as a special secured title in the system of material rights on regards of its nature.It states the phase of 'the legal relation of maritime lien' in chapter two. It also systematically analyze the subject, the object of the legal relation of maritime lien in orientation to person, not vessel in coping with related issues, therefore, the maritime lien system can be fully incorporated into traditional civil law system. Because of different angles in study, several related issues are brought out, such as the effect that the identification of subject and the change of subject can have on maritime lien, these are all the issues being ignored by the study of theories, and also, confusions of the action in rem system. Chapter three analyzes the rise, change and termination of maritime lien, stressing the existing issue in the process of transfer and subrogation of maritime lien. By introducing the US legal provisions related to the limitation of maritime lien, suggestions to PRC maritime code is indicated.Chapter four focuses on the relation between maritime lien and maritime claim, the methods of enforcement of maritime lien and the effect of time bar on maritime lien. Thereafter, it gives explanations and comments on relatedprovisions in PRC maritime code, all aims to the better recognition and protection of the rights and interests in maritime lien.Uninformativeness is the distinct character to maritime lien, which is not in maritime creditors favor, especially impairs the interests of mortgagee. All means have been used to balance the interests of each party so far but the result is still far from perfect. In chapter five, the paper gives comments on the popular 'open information system' held by many domestic scholars then brings out the 'maritime lien registration system' which may serve as an attempt to eliminate the negative effects of maritime lien and also, reference for study on that aspect.