Study Of A Number Of Issues. Lien

Although lien is not a new concept, there is still space for us to make research into. The whole thesis based on design of lien in legal system consists of four parts.The first part focuses on definition,function and different stipulations in other countries' laws. Lien is regarded as a form of statutory real right for security and a typical form of preserving real right for security. The definition of lien can be traced back to right of refusing to perform corresponding to a malicious plea or a plea of fraud in Roman law. Lien in Civil Laws of different countries is different in connotation. Some regard it as a real right while some regard it as an obligatory right As far as I am concerned, they are just different in name. Lien is connected with special right of priority over movables in France, statutory right of pledge in Germany and preoccupancy in Japan. From perspective of the whole system, all these systems are in full agreement in value of function with legal system of lien in Switzerland and Taiwan area.The second part concentrates on its attribute\its relations with self-supporting act and its extension of application. As a statutory real right for security, it is much stricter than statutory principle of real right in terms of in accordance with law. Nevertheless, the parties may exclude the application of lien in their contract. Furthermore, its lack of recourse and public summons weaken its legal force of a real right.As an act of self-helping, lien is closely connected with self-supporting act. Right to keep subject matter is not equal to lien. Moreover, application of lien should not be extended willfully because its priority of claim would exert substantial influence on a third party, especially on the other creditors .Thus it is sufficient for a common creditor entitled to keep the subject matter to preserve his lawful rights. Based on the premise that creditor actually possesses subject matter, lien is designed to support industries which are at high risk to realize a particular obligatory right and to protect inflation-proof and value-increase activities. If these requirements are satisfied, lien can be applied to obligations of contract\voluntary service and unjust enrichment, but not obligations of tort. As to whether lien can be applied to situations such as lost and found objects, we need to make a concrete analysis. In terms of...