Study On The Lien Of Port Operators

As an organization and individual engaged in related operations in the port,port operators will inevitably face various problems.After the port operator fulfills the obligations of loading and unloading,warehousing and storage agreed in the port operation contract,the operation client does not perform the obligation to pay the relevant costs,resulting in the port operator’s expenses not being paid off,if the consignee abandons the delivery of the goods due to the depreciation of the goods,because the third party refuses to pick up the goods or no one picks up the goods,it will also lead to the goods stranded in the destination port,resulting in various expenses paid by the port operator in advance,thus bringing losses to the port operator,and is not conducive to the continuous operation of the port,hindering the development of the port.When port operators are faced with such a situation,the law provides them with a remedy,that is,to safeguard their legitimate rights and interests by exercising the right of retention in the goods.Starting from the perspective of civil law,this article discusses the right of retention enjoyed by port operators,points out the focus of disputes faced by port operators with liens,and the exercise of liens,and puts forward suggestions for improvement.The text of this article consists of four parts:Chapter Ⅰ deals with the legal basis for the lien of port operators.First of all,the lien under the perspective of civil law is analyzed,which leads to the lien of the port operator.This was followed by the issue of the legal status of port operators.Finally,the lien of the port operator under different legal relationships is analyzed,and the differences between the contract signed by the port operator and the cargo party or the carrier,as well as the constituent elements of the port operator’s right of retention.Chapter Ⅱ deals with the focus of a dispute over the exercise of the right of retention by a port operator.First of all,he pointed out the dispute over the scope of "movable property of the debtor" in the requirements for the establishment of the right of retention,and put forward his own views through the interpretation of the relevant cases.This was followed by an analysis of whether preconditions were required for the exercise of the right of retention.Chapter Ⅲ deals with the exercise of the port operator’s right of retention.First,an analysis of the manner in which the right of retention was exercised,including selfretention and application for court auction or sale.After analyzing the reasonableness of the period of the port operator’s lien,the port operator finally discussed the treatment method when the port operator could not realize all the claims when exercising the lien.Chapter Ⅳ proposes to improve the lien of port operators.First,in the revision of the Maritime Law,the provisions on the port operator’s right of retention are refined,clarifying the scope of "movable property of the debtor";the notification obligation cannot be regarded as a precondition,but should be distinguished;and the period for the performance of the debt after the lien property is appropriately adjusted.Second,the scope of the right holder’s exercise of commercial lien should be broadened.Third,establish an emergency lien system for port operators to avoid damage to the rights and interests of port operators due to the bankruptcy of debtors and other reasons.