On The Salvage Compensation Lien

Salvage at sea is a tough and hazardous job. To encourage salvors to offer salvage services, both international conventions and domestic laws of the countries prescribe the provisions about the salvage remuneration. It is generally prescribed that after the salvage operation, the party salved shall, at the request of the salvor, provide approving security for salvage remuneration. Otherwise, without the consent of the salvor, the ship or other property salved shall not be removed from the port or place at which they first arrived after the completion of the salvage operation. That is, the salvor have the lien on the salved properties for his salvage remuneration. Based on the principles of the equity, public interests and the encouragement of salvage, here I put forward the concept of Maritime Lien and present a further analysis about it.As far as "Maritime Lien" in English is concerned, there are different meanings in different cases. It is misused historically. Scholars have quarrels on "Maritime Lien" or "Salvage Maritime Lien" in our country. In my opinion, a notion of "Salvage Maritime Lien" should be established in Maritime Law.Maritime Lien is a special legal system in Maritime Law and plays an important role to ensure the delivery of the salvage reward. In this paper, I will present detailed analysis into some problems arising from the salvage remuneration, such as its subjects, objects of claims, order of priorities, etc, as well as the problem of the overlaps between Maritime Lien and Salvage Maritime Lien.The paper will start with the common rules in Civil Laws to find the differences between the Possessory Lien and the Maritime Lien and indicate the rights of tugowners and wrecking party in different cases.In conclusion, it is essential to establish a notion on Salvage Maritime Lien in Maritime Law. The paper will concentrate on the unique characters of Salvage Maritime Lien, including its emergence, perdition, foundation and nature, subjects, obligee and obligor, order of priorities, enforcement by action in rem, and so on.