Carriage Of Goods By Sea The Carrier Lien Research

In the carriage of goods by sea, the Carriers' (Shipowners') lien issue has always been a bone of the contention among the shipping and maritime law circle. Attributable to the lack of explicit international convention and many conflicting regulations stated in Chinese internal law, scholars' opinions in this regard are different from each other. For the sake of better comprehension of possessory lien issue in question, this dissertation mainly discusses the legal nature, acquisition, exertion, effectiveness of the Carriers' (Shipowners') lien on the basis of general lien rules in Chinese civil law.This paper, including preface and conclusion, primarily consists of 6 parts:In the preface, writer briefly introduces a practical case in which the Shipowner exercised their possessory lien on cargo and the comprehensive disputes in Carriers' possessory lien issue as well as the significance and study way of this paper.Chapter I is dwelling on the general concepts and characteristics of the lien system, especially the different position in lien nature, acquisition and exertion premises under the Continental and Common Law.Chapter II elucidates the lien provisions under the related Chinese Law in a general way.Chapter III is the keystone of this paper, which mainly discusses the Carriers' lien nature, acquisition, exertion, effectiveness, rights and obligations of the concerned parties, possessory lien termination and so on during the carriage of goods by sea. At the same time, captioned chapter makes some comparison between the Chinese and English juristical regulation and cases.Chapter IV is devoted to the attention shipowners and disponent shipowners' should pay to the lien exertion for the hire and freight in the bulk carriage.Conclusion is mainly expressing writer's viewpoint on the Carriers' possessory lien issue, viz. if the Carriers' intend to carry out the lien rights properly, besides the definite lien clause in the contract of carriage and charter party, it is better to clearly incorporate a contract or charter party lien clause into B/L, or there is an express lien clause on the B/L.