A Legal Study On Assignment And Subrogation Of Maritime Lien

As an ancient maritime system,Maritime Lien has so far played an irreplaceable role in the shipping industry.However,With regard to the transfer and subrogation of the Maritime Lien,there has been a great disagreement in the academic and judicial fields,and it has not been possible to form a more unified view.On the basis of this,the author analyzes some basic problems of the Maritime Lien and combines the judicial jurisprudence and academic point of view.Trying to make a more comprehensive and inductive analysis of the transfer and subrogation of the Maritime Lien and put forward his own views.This thesis is divided into three chapters,The first chapter discussesthe theoretical basis of the transfer and subrogation of the Maritime Lien,that is,from the civil law and the relevant laws of the country,as well as the different views of academia,and with the relevant cases of countries to analyze the legitimacy and feasibility of transfer and subrogation.The second chapter discusses some basic problems of the Maritime Lien and the legal relationship of the transfer,and makes a more comprehensive deconstruction of the problem from the perspective of the nature of the Maritime Lien and the legal relationship of the transfer..The third chapter discusses some special problems in the transfer and subrogation of the Maritime Lien,including the assignment and subrogation of the personal claim,the transfer of the special maritime claim,the conflict and connection between the different legal provisions,and whether the Maritime Lien can be partly transferred in legal issues.After concluding the above analysis,it is concluded that the Maritime Lien should be a security right and therefore transferred in accordance with the transfer of the secured claim.And according to laws and regulations and judicial practice,its transfer and subrogation is legal and feasible,but in some special maritime claims,should also pay attention to some problems.