On The Legal Issues In Possessory Lien In Maritime Code And The Influence On The Lien In Maritime Code Form The Implementation Of Real Right Act

Possessory lien system in the Civil law is an important remedy approach forparties. Originated form Vicious Plea in the ancient Rome law, possessory liensuffered a successive development in the legislation of many countries, and wasgradually formed into two different kinds of systems: the creditor’s rights possessorylien and the real rights possessory lien. In accordance with our country’s currentlegislation, possessory lien system belongs to the legal real right of pledge, and is animportant guarantee system in the property law. Relevant rules can be found indifferent civil laws and commercial laws. The consulting, at the time of legislation, tointernational conventions and international treaties, together with the particularity ofits objectors make the possessory lien in Maritime Code a special civil guaranteesystem which is different from other possessory liens. Misunderstanding of usage ofthe possessory lien by lawyers and parties has been found commonly in theimplementation of the possessory lien among those rarely seen dispute in possessorylien. Furthermore, there are many opinions to some lien issues in Maritime Code inthe judicial circles. So that Maritime theory circles will argue about every issue raisedin the practical possessory lien implementation, such as properties of ship’spossessory lien、the procedure of detention, selling, and discounting of cargo.This article analyses the effect of the enactment of Real Right Act to theprovisions of possessory lien in Maritime Code by the study of the provisions ofpossessory lien and the change of it taken after the enactment of Real Right Act. Throughout the analysis, we can find out some problems occurred in the practice ofthe provisions of possessory lien and make some suggestion respectively so that theprovisions of possessory lien in Maritime Code could make more sense in thetransporting perspectives.Chapter1: Introduction of possessory lien system, including definition, origin,development and relative legal characteristic.Chapter2: Description of the provision of possessory lien in the Maritime Code,including shipping possessory lien and seaborne cargo possessory lien, analyzing itscharacteristics.Chapter3: Analysis about the diversification, which is resulted from the PropertyLaw implementation, of possessory lien system, indicating the influence of PropertyLaw implementation to the provision of possessory lien in the Maritime Code.Chapter4: Analysis and discussion about the hot issues in the possessory liensystem in Maritime Trial judicial practice at present.Chapter5: suggestion to improve the possessory lien system in Maritime Code.