On The System Of Maritime Liens

The system of maritime possessory lien is a system applied in the legal relationships of maritime law. It is different from the possessory lien system in civil law. This system is one of the important systems of maritime law. And it is also a system security rights of maritime law. Today the system in China is still at an improving stage. And most of the scholars study each lien of the admiralty system respectively. It is not good for the whole development of maritime possessory lien. Therefore, based on the traditional theory of possessory lien in civil law and the characteristic of maritime legal relationships, this paper has made a systematic summary on the system prevailing in China, and made detailed studies on some aspects as follows:In addition to the introduction, this dissertation consists of six chapters.Chapter I dwells upon the concept and characteristics of traditional possessory lien in civil law. Then it probes the concept,classification and characteristics of maritime possessory lien, and has a general brief explanation of possessory lien stipulated in the Code.Chapter II elucidates the concept, characteristics, acquisition, effects, exercise and extinguishment of possessory lien on ship. In addition, this chapter analyses all kinds of rights which easily confused with the possessory lien on ship.Chapter III discusses the concept,characteristics and effects of trailer's possessory lien. Then it distinguishes trailer's possessory lien from marine salvage lien.Chapter IV expounds marine salvage lien and then analyses its body, subject and content. Besides, it compares marine salvage lien with refloatation possessory lien.Chapter V is devoted to a comprehensive analysis of possessory lien on marine cargo. It emphasizes on the concept, ways of exercises and the effects, especially analyses the non-vessel carrier's lien and the specificity of containerized cargo's lien.Chapter VI deals with the possessory lien under charterparties. It emphasizes responsibility termination clause in voyage charterparty and the lien on earnings from the sub-charter in time charterparty.