The Theory Of Interpretation In Article 230 Of Property Law

Generally speaking, the article 230 of the property law is about the general rule of lien, correcting on the basis of the security law, such as expanding the scope of lien, not limiting to the contract, but the unjustified enrichment, negotiorum gestio and so on, reflecting the progressive significance.There are still lots of controversies both in theory and practice about Lien System. For example, whether the subject matter of lien is limited to movable property, whether limited to the debtor’s movables, whether applied to goodwill acquisition system, or whether carrier’s lien belongs to special lien and so on. Current Security Law and relevant judicial interpretation, Property Law, Contract Law, constitute the regulation system of lien, but they get into the embarrassing circumstances of provisions inconsistency and explanations ambiguity when in the face of series of controversies above. So the author tries to start from the perspective of the problems, and talks about my own views, in order to learn from the experts.The body of the paper is divided into five parts.The first part is introduction, about the cause of the topic, the value of lien, the system of lien, also the research status and methods. The second part mainly introduces a case of dispute on lien, by raising questions, to analyze and solve problems. The third part, author tried to apply the methods of legal interpretation to specific spirit of the article 230 of the property law, especially about debtor’s movables analysis. The fourth part mainly demonstrates lien on goodwill, and use of all kinds of methods of legal interpretation to verify the feasibility. The fifth part mainly discusses the carrier’s lien, by analyzing its internal structure, leading to more accurately understand the provision of article 315 of the contract law.