The Subrogation Of Maritime Liens

The maritime lien system is unique to the maritime law field and plays an important role in using the legal effect of maritime lien to protect the realization of the special maritime claim.In the centuries-old history of international shipping,three international treaties have made special provision for it,but the subrogation of maritime liens seldom appears in legislation.Although the Maritime Law of the People's Republic of China(hereinafter referred to as the Maritime Law)refers to the establishment,transfer and elimination of maritime liens,it does not specify"subrogation".Most of the researches on maritime liens are focused on the legal nature of maritime liens,the conflict with the application of maritime liability limitation system,and the specific items of maritime claims.However,prior to the publication of the Maritime Law,cases related to subrogation of maritime liens occurred in practice.Therefore,this article through the subrogation of maritime liens to carry out a detailed study,looking forward to the improvement of the current provisions of the system to make my own efforts.This paper is divided into four chapters,the first chapter from the meaning of maritime lien subrogation and analysis of its relationship with the relevant maritime claims subrogation to make a preliminary definition of maritime lien subrogation;after combing different national and international conventions on the relevant provisions of the system,find out the shortcomings of the current relevant legislation in China and establish the types of maritime lien subrogation.The second chapter is the theoretical analysis,through the definition of the legal nature of the third party's settlement and the scope of application of the third party's settlement,to make clear that the legal basis of the subrogation of maritime lien is based on the legal transfer of creditor's rights,and then distinguish the difference between transfer and subrogation.The third chapter,based on the first two chapters,has established the types of the system,the legal basis and existing legislative loopholes,so it discusses in detail the formation of different types of subrogation of maritime liens should have elements,as well as the legal results.The last chapter is to analyze whether three maritime claims with maritime lien can be subrogated,and then discuss the specific application of subrogation.Through the elaboration of the four chapters,it is clear that the subrogation meaning,theoretical basis,constitution and legal effect of the maritime lien,as well as the specific application situation,and it is expected to provide some references or suggestions for the content of this part in the future revision of the maritime law.