Maritime Liens And Ship Mortgages The Right And The Ship Lien Comparative Study

Maritime lien is the key part of vessel right system on vessel, which is the essential system in maritime law. As unique system in maritime law, maritime lien has long history and rich content. Vessel as high value property, there are various guarantee real right for practice in law, such as ship mortgage and possessory lien on vessel. The three has many aspects in common; however there are many differences among them. In judge practice, there are most disputes in maritime lien. Used comparative way to analysis, the article focuses on maritime lien, and deeply discusses it in multi-aspects by the contrast among maritime lien, ship mortgage and possessory lien on vessel. For this article, the writer offers her own ideas and sincerely expects your knowledgeable opinions.The article selects the most discussable part to study comparatively. It includes 6 aspects -definition and legal feature, nature, relative subject, object, priority in compensation, realization of right as follows:ChapterⅠmainly discusses maritime lien, ship mortgage and possessory lien on vessel from different nations and international conventions, based on the conceptions of them and analyzed their legal characteristics. This part is the foundation of this dissertation.ChapterⅡmainly elaborates the natures of maritime lien, ship mortgage and possessory lien on vessel. There are a lot of view points about the nature of maritime lien both in domestic and foreign theories and practice. But there is no agreement about the nature of possessory lien on vessel.ChapterⅢmainly elaborates the subjects of maritime lien, ship mortgage and possessory lien on vessel. These three subjects respectively have the differences, but also have the Similarity places. In order to undertake the rights correctly, it is necessary to recognize the right subjects and their different rights and obligations.ChapterⅣrefers to the objects' scope of maritime lien, ship mortgage and possessory lien on vessel. The writer believes we should enlarge the scope of maritime lien because of the tightly definition of it, which is based on 2 comparison----the one comparison is the subjects and credits which the formers are guaranteed, the other one is to study the identity right via the comparison of international conventions and rules in different countries.ChapterⅤelaborates the enforcement of maritime lien, ship mortgage and possessory lien on vessel. For this issue, we will mention 3 items : 1 .the multiplicity , the principle and the stipulated way of vessels priority recompenses ; 2. the effect between the registered maritime lien and the unregistered one;3. priority of compenses for possessory lien on vessel. For the writer, possessory lien on vessel attains the priority in compensation, in order to fully protects the lienor's right and interest.ChapterⅥdiscusses the realization of maritime lien, ship mortgage and possessory lien on vessel. It is only through the implementation that the right can be come true. Compared with the relative stipulations home and broad, the article discusses the realized way for the three above.Including the contrast of the stipulations both in national laws and international conventions, writer attempts to analysis the differences among maritime lien, ship mortgage, and possessory lien on vessel. In order to make clarity, the writer also makes a summary per chapter. Above all, for this article, the writer expects to realize the re-cognition, as well as expect to help maritime lien coordinate other vessel real guarantee practices.