On The Priority Of Maritime Lien

Maritime lien is an important system of maritime matters,it has an important role for the development of maritime trade,Maritime lien has much unique feature,the most typical feature is a preferential.The priority of Maritime lien includes the priority of the obligee’s rights and external preferential.Study the priority of maritime lien,begin to clear the Maritime lien guarantees the obligee’s rights range, when the extent of the obligee’s right to belong to the guaranty of maritime lien,and enjoy the right of preferred payments.Civil-law countries stipulated the obligee’s rights of Maritime lien generally in the code.But due to the real right system is different,which lead to much differences in the concept of maritime lien, range,etc.Common law did not have a clear concept of real rightand unified priority system,Maritime lien contained in the system of the lien.The international treaty is the combination of the two law systems.The legislation of our country has many defects,some of the creditor’s rights shall be the appropriate extension project or restrictions.according to the current development status of shipping,and some controversial the obligee’s rights of Maritime lien shall be abandoned or limit project scope.The obligee’s rights of Maritime lien abide by the principle of debts,the guarantee of all kinds of creditor’s rights shall be satisfied order,Civil-law countries directly set on specific law,The obligee’s rights of Maritime lien shall be satisfied is its numbers order,and then some special creditor’s rights shall be satisfied order to make explanations.The maritime claims priorities of Common law by judicial power determine.The provisions of the international treaty shall reflect the public power and private right change,the administrative cost of order shall be satisfied by back constantly,instead on the labor protection,and take life,public power constantly compromise private right.The main representative countries of two law system and international law treaty have common characteristics about the guarantee of all kinds of creditor’s rights,taxes priorities;the crew creditor’s rights pay in advance constantly;security claims to pay off in the former;contract debt to pay off in the rear.The liquidation sequence of the Maritime lien guarantees the obligee’s rights of provisions of our country is similar to the continental law system and international treaty,and still reflects the new trend of international legislation, but regulation is more simple and judicial operation is difficult.The main representative countries of two law system and three major international conventions have similar provisions about The liquidation sequence of the Maritime lien guarantees the similar obligee’s rights of provisions,generally follow the principle of equality and time in reverse chronological order;The legislation of our country provisions and 《International Convention on Maritime Liens and Mortgages,1993》 in agreement basically.But we should distinguish different purpose of transportation under contract,and it just to pay off all kinds of or similar claims in the judicial operation.The external conflicts of the priority of maritime lien,the main conflict which is with other preferential rights and the limitation of the liability for maritime claims.Two law system has a different attitude to Maritime lien and other preferential right relationship.The continental law system attaches great importance to the role of maritime lien,and Maritime lien guarantees some special creditor’s rights. The Maritime lien is generally the most preferential.It is more exquisite for the common law system to divide the priority of Maritime lien and other priority.The common law system reduces the role of the maritime lien, strengthens other preferential rights role.The international treaty embodies the common law legislation characteristic, and the purpose is to promote the shipping industry development.The conflict of Maritime lien and other priority is mainly the conflict of it with maritime mortgage and possessory lien of vessel.Scholars put forward three kinds of methods to solve the conflict of Maritime lien and other real right of ship:cancel the Maritime lien system、reduce the Maritime lien guarantees the obligee’s rights items、 establish Maritime lien registration system.Although these claims are certain persuasive, but operability is not strong and can’t effectively solve the problem.The conflicts of the priority of Maritime lien and maritime mortgage should distinguish the established successively,and the registered maritime mortgage appeared before maritime lien,sea salvage charges still applies time principle in reverse chronological order besides the salary and compensation for personal injury,Other creditor’s rights should be paid after maritime mortgage guarantees the obligee’s rights.Other situations,Maritime lien is a priority.Solving the conflict of Maritime lien and possessory lien of vessel,Maritime lien can guarantees repairer of creditor’s rights which be paid by time principle in reverse chronological order,and maritime salvage has equal status.The builder lien will not happen conflict with Maritime lien.The conflict of Maritime lien and Limitation of Liability for Maritime Claims is mainly the scope of application of Limitation of Liability for Maritime Claims an the procedure of Limitation of Liability for Maritime Claims with the provisions of the Maritime lien being overlap and applicable conflict.Average performance is the conflict of set up Fund of Limitation of Liability for Maritime Claims and realize’ Maritime lien,and the conflict of the allocation sequence limitation of liability fund and the liquidation sequence of Maritime lien guarantees the obligee’s rights. We can take two kinds of measures to solve the conflict.Persons holding Maritime lien does not participate in the limitation of liability of the fund allocation, and can apply for the property preservation;The claims subject to limitation excludes the operation compensation for personal injury.