Research On The Object Of Commercial Lien

It is generally believed that Article 231 of the Property Law of the People's Republic of China establishes the system of commercial lien in China.According to this regulation,commercial lien and civil lien differ on the issue of implications,but there is no difference between commercial lien and civil lien in other aspects of the object.For the provision of Article 231 of the Property Law is still unclear,and the commercial lien may be different from the civil lien in terms of object scope and ownership of the object,this paper will use logic analysis,Value analysis and other research methods to analyze the object of commercial lien.The first part of this paper mainly introduces the basic theory of commercial lien.This part focuses on the functions of commercial lien and civil lien,clarifying that the main function of commercial lien is to correct the imbalance of the overall interests of the parties,maintain the credit between merchants,and ensure that safe and reliable transactions are carried out continuously and efficiently.In the second part of this paper,based on the functions of commercial lien and civil lien,this part further discusses the exemption of the implications for commercial lien and the application of the proportional principle.Firstly,it discusses the exemption of the implications for commercial lien.It mainly analyzes the reason for the exemption,and proposes that the object and creditor's right of the lien shall be generated or obtained based on business relationship.Besides,this part further emphasizes that the business relationship must happen between the creditor and the debtor.Then,it discusses the application of the principle of proportionality for commercial lien,clarifying that the principle of proportionality shall not apply to commercial lien.The third part of this paper mainly discusses the scope of the object of commercial lien.First of all,this part evaluates the national(regional)legislative provisions and theoretical doctrines,proposing that the securities shall be the object of commercial lien.Secondly,analyzing whether real estate shall be the object of commercial lien.This section analyzes the differences between commercial lien and the priority of the construction project price as stipulated in Article 286 of the Contract Law,and clarifies that the real property shall be the object of commercial lien.The fourth part of this paper mainly discusses the ownership of the object of commercial lien.On the basis of the previous analysis,this part mainly analyzes the national(regional)legislative provisons and three doctrines,and clarifies that the object of commercial lien does not have to be owned by the debtor,and the creditor shall be unaware of the fact that the object is owned by a third party only if there is no implications and the object is owned by a third party.In other cases,the establishment of commercial lien do not require the unawareness of the creditor.