Study Of The Assignment And Subrogation Of Maritime Lien

As a important legal system relating to vessel under Chinese Maritime Law, the unique particularity and specificity of maritime lien makes it differ from other vessel related rights. Therefore, lots of research and exploration were devoted on maritime lien, otherwise, analysis and discussion on its assignment and subrogation cannot be found easily. As a special right, the creation and annihilation of maritime lien is clearly stipulated in Maritime Code of China. However, the clauses about its assignment and subrogation is not much explicit. This thesis is trying to give a reasonable explanation to assignment and subrogation of maritime lien, using common logic under legal relation of real right. As a result, the formulation and interpretation under Chinese law can be found. This thesis is divided into four chapters. In chapter Ⅰ, analyses maritime lien from static angle. By analyzing the legal nature and special legal element of maritime lien, lay foundation for the analysis of the assignment and subrogation. In chapter Ⅱ, began with theoretical analysis, after introducing the difference between assignment and subrogation under common law, attempt to find the connection with current legal system of China. In chapter Ⅲ&Ⅳ, by analyzing each five maritime claim one by one, explore both of the maritime claim with personal specificity and the maritime claim with non-personal specificity, also their assignment and subrogation respectively. Finally, make a conclusion of this thesis.Whether maritime lien could complete assignment or subrogation, depend on the maritime claims. Through the detailed analysis of the last two chapters, author draws a conclusion that claims for salvage award and property damage compensation are assignable and subrogatable; harbor fees payment request and personal injury compensation request cannot be assigned or subrogated; seaman’s lien for wages can be assigned or subrogated under certain circumstance.