Analysis Of Lien Involves Non Vessel Shipping Contract

The possessory lien on marine cargo is an important means to safeguard their rights and interests of the carrier. When the shipper owes freights, the carrier shall have right to Indwell goods of shipper to force the shipper to pay the freights. If the shipper does not pay within a reasonable period of time, the carrier shall have the right to request the court to auction, or sale of the goods of lien to achieve on the settlement of claim. In the business of NVOW, when the NVOCC owes freights, the actual carrier is usually retained the goods given by the NVOW. However, it Damages the interests of the real owner of goods. So study on the relationship between the actual carrier and the non vessel carrier of carriage of goods by sea, use help to guide practice in lien on marine goods, and also contribute to the judicial practice in the handling of maritime lien disputes.This paper is divided into four parts in addition to the introduction and conclusion:The first part," The carriage of goods by sea in third human intervention". If the freight, contribution in general average, demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrier have not been paid in full, nor has appropriate security been given, the carrier may have a lien, to a reasonable extent, on the goods. There are many laws are the rules of lien in China, but those laws are not uniform, which causes confusion in judicial practice.The second part," Detain third people goods."Because the law does not specify the owner of goods detaining by the carrier, whether the carrier have the right to detain third cargo caused the widespread dispute. Due to The law on this issue is not clear, the theoretical circles and judicial practice in the handling of such issues are more confusion. In order to solve this problem,<the property law> provides the procedure of this issue by chattel lien creditors may have legitimate possession of the debtor, out of the third person’s property. The third part,"Complex third problems under the NVOVV". The non vessel carrier plays the carrier and the shipper two roles in the NVOVV, becoming a bridge between the shipper and the actual carrier, which lead the non vessel carrier to take greater risks than traditional carrier.The fourth part," Analysis of lien in the NVOVV". After The non vessel carrier to deliver goods to the actual carrier, he is indirect possession of the goods instead of direct possession. The best choice of non vessel carrier’s lien is exercise the lien to the shipper at the port of destination. As the only remaining of the debtor’s property, the actual carrier is not directly on the shipper cargo lien, not through the bona fide acquisition of lien.Research on the problem of third people in the carriage of goods by sea, directly affect the lien of the non vessel shipping business, related to the vital interests of the people, also the theoretical research and judicial practice of common problems. The legal relationship between the shipper,the non vessel carrier and the actual carrier and analysis of the non vessel carrier and the actual carrier of lien is promote to understand and deal with better the lien disputes in judicial practice has a certain role.