Study On The Retention Of Goods By Sea

The "Maritime Code of the People's Republic of China"(for short as "Martime Code" in following) explicitly stipulates that the ocean shipping carriers may enjoy the right of shipowner's lien or "cargo lien" as someone may call it in shipping, although actually it is seldom esay for them to do so on their practice. It is not only because that the relationships appear to be much complicated in shipping law circle, also for the concerning stipulations sited in maritime laws generally read vague and obscure, making its true meaning to be hardly understood, even a sophisticated judge is not able enough to grant his confident judgement.It is mainly for this reason ,this thesis has been composed, in which six parts are included as follows.Part One, through a brief account of system of liens, gives its conception of shipowner's lien, which discusses penetratingly the differences between shipowner's lien on cargoes etc. and other liens of marine eg. maritime liens on ships, a very much confusing question for study, and tells one from another.Part Two concerns the acquisition or obtainment of shipowner's liens, which discusses mainly the conditions necessarily for one to perform or exercise the right of shipowner's lien, especially explains fully onthe question of the creditor's right of a carrier who is deemed to have been involved in the concerning cargo shipping.Part Three analyses two special questions concerning shipowner's lien. One is to conclude that the objective matter of the above right is all the cargoes in carriage, including but not confiding the cargoes which are owned by the debtor. The other is about the analysis on character and validity of shipowner's lien clause written on B/L or a charter party, which is commonly arguable within shipping circle.Part Four touchs the questions of performing or exercising the right of shipowner's liens. It states the principles and procedures in using this privilege, and briefly the connections and differences to the preservation measures of maritime claims.Part Five deals with the problems of invalidity of shipowner's lien, its conditions and causation to be discovered.Part Six as the conclusion of this essay, in which the major differences are made to distinguish the obtainment, performance of the right and necessary condition to constitute the right of shipowner's lien from that of the general line in civil cases, gives several suggestions in details on the amendment of the Article 87 in Maritime Code of the PRC.