The Commitment Of The Demurrage&Detention During The Goods Are Kept By Possessory Lien

There are a variety of complex claims and liabilities in the performance of the contract of international carriage of goods by sea and the container transport business activities are more complex. In the case of the global financial crisis in2008, some shipping companies were shut down and bankruptcy, which made port operators were unable to recover the costs of port container operations, some of the largest container leasing companys’containers to be kept, rent arrears, the box can not recovered and other major losses. The commitment of the demurrage&detention of containers, especially during the goods are kept by possessory lien, is a very difficult problem in the law. To address this issue, this article intent to discuss the problem from theory to practice and focus on the legal basis of the demurrage&detention of containers disputes, the lawful exercise of possessory lien, the commitment of the demurrage&detention of containers under commercial lien and other issues to discuss.This article is divided into three parts:The first part is started by the basic questions of demurrage&detention of containers disputes, defines the related concept of demurrage&detention of containers because of possessory lien, nature of the responsibility and characteristics. On the basis of determining that the responsibility belongs to a breach of contract, in this part the paper studies current legislations, analysis legal principle and theory related to the commitment of the demurrage&detention deeply.The main part of the article is the second part, which divide demurrage&detention of containers during the goods be kept into tow case of Legal lien and improper lien to research and analysis. On the one hand, clear different circumstances when containers are provided by different subjects and point out the corresponding obligation of the lien holder; on the other hand, clear several cases that the commitment of the demurrage&detention when the lien holder exercise the lien power improperly.The third part analyzes the impact of the "Property Law" to the commitment of demurrage&detention of container, focusing on exploring the commitment of demurrage&detention of container under the commercial lien.