A Study On The Issues Regarding Lien On Marine Cargo Under The Claims Of Demurrage

Voyage charter transportation is one of the main international maritime transports of goods, and demurrage dispute is main type of voyage charter transportation disputes. As an important part of maritime practice, demurrage issue is always being the focus of academic and marine trial?s attention. Related books and academic researches pay mainly attention on the nature of the demurrage, calculation the relationship between demurrage and laytime. There are few articles in the perspective of possessory lien, which is a significant legal remedy way for protecting carrier?s lawful claims. This paper cards the validity of demurrage clause and lien clause from the perspective of demurrage claims,and it analyses the restrictions of lien on marine cargo under the Claims of demurrage. The writer also comes up with solutions to the problem, when the carrier puts lien improperly.This paper mainly discusses from the following several chapters:Firstly, it expounds the concept and nature of demurrage, and it lists several theories about the nature of demurrage. Than the paper points the views of author.In the second chapter, the author discuss the legal basis of demurrage clause,then I analyse the validity of demurrage clause and cesser clause with related cases.Chapter III as a central chapter analyses the carrier’s lien under limiting factors. These constraints become a trap for carrier when they lien cargo.In the forth part, it discusses legal liability under inappropriate lien cargo, and it puts forward two kinds of remedies. At last, I show my point of view and make a summary.