Lien Over Other Person's Property And Special Situations

lien originates from the exceptio doli of Roman law,and the original implementation of lien comes from the books written by Roman jurist as well.After combining the exceptio doli of Roman law and the original implementation of lien,European countries developed lien system as the guarantee of creditor's rights.The specific lien regulation of the property law neglects the situation when it comes to the movable property.Writer of this paper analyzes three viewpoints comprehensively and reaches an initiatory conclusion-lien shall be set up at the movable property which is involved in creditor's right.Writer also analyzes four special situation including "lien on third party's movable property and indicated delivery","lien on third party's movable property and possession reformulation","lien on third party's movable property and thing possessed under entrust" and "lien on third party's movable property and things without occupancy of possession",and comes to the stage conclusion "lien shall be set up at the movable property which is involved in creditor's right,and things without occupancy of possession are the exception when creditor is fully aware or unaware due to gross negligence".It is more important that the writer finds the way to analyze the special situation in the implementation of lien.Firstly,We shall distinguish whether the interest is the one lien system dedicates to guard or not,secondly,we shall figure out whether the debtor is impugnable or not,for example,the debtor can predict the risk and choose to bear it or can get interests from the lien.After all these steps,we still cannot reach to the conclusion,we shall compare the consequence of different situation economically and find the most economical ones.