Study On The Transfer Of Maritime Lien And Maritime Claims Guaranteed In China

Maritime Lien is an ancient Maritime Law system. In its development, it has being serving shipping activities continuously. As the economy develops, Maritime Lien’s weakness gradually shows and begins to affect the functions of the system, especially the transfer of Maritime Lien. This paper has three parts.The first chapter starts from the discussion of the concept of Maritime Lien and concludes the similarities from three aspects:international convention, international law and domestic law. Aiming at the present academic field’s controversy towards Maritime Lien, determine Maritime Lien as the real rights for security through comparing and analyzing. Based on the above understanding of Maritime Lien, points out the present Maritime Lien’s transfer system have problems and suggests possible solutions.The second chapter discusses the transfer of Maritime Lien’s guarantee of maritime claims. The premise condition of the transfer of Maritime Lien is the transfer of maritime claims guaranteed by Maritime Lien. Through determination, classifying marine claims and successively analyzing the possible transfer of Maritime Lien’s guaranteed five marine claims and the ways to transfer.The third chapter analyzes the transference of Maritime Lien. Looking from the significance of the transfer of Maritime Lien, states the necessities of the transfer of Maritime Lien. The center of this chapter is the alteration modes of Maritime Lien. Maritime Lien is a kind of real rights for security. Firstly discusses it’s similarities between normal alteration modes of property rights, and then specifies the discussion of Marine alteration modes of property rights. Combining Marine proprietary rights and Marine mortgage rights and compares the formality and meaning of the alteration modes of property rights, finally obtains the alteration mode of Maritime Lien.