A Study On Carrier’s Lien On Goods Carried By Sea

In this paper, based on maritime carrier’s lien on cargo in China as the research object, which including both the inland carrier’s lien on cargo and the continental sea carrier’s lien on cargo as well as the international maritime carrier’s lien on cargo. Based on the definition of the concept and properties of the lien on cargo in China, to study the relevant issues such as the scope of guarantee claims and the scope of object. Firstly, fundamental concepts and legal attributes of carrier’s lien on goods carried by sea are introduced in this paper. After comparing related legislations in China with legislations in other major shipping countries and regions of both Civil Law System and Common Law System,customs and usages, the result is that protecting the freight international conventions in a property-right uniformed in a global extent. Secondly, Analyze the creditor’s right guaranteed by the carrier’s lien on cargo clearly.Thirdly, compare the relevant laws in China with the Anglo-American legal System, the Continental Law System and the stipulation on the back of the international general format of the bill of lading terms and conditions, it’s obvious that there are endless controversies due to the non-unified laws and regulations. It is the expression the goods in Article87in maritime law that makes the carrier’s lien on cargo in a nonfunctional state. Therefore, this article refers to the reasonable rules of the main shipping countries’ lien on cargo system, put forward the corresponding adjustment scheme. Fourth, this paper systematically elaborates the relevant theories, the application of the commercial lien as well as the influences on the carriers according to the commercial lien stipulated in the article231of the property law. In the end, summarize the opinions and suggestions.