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Study on the Creation, Transfer and Extinguishment of Maritime Lien

Author: LiZuo
Tutor: SunXinQiang
School: Shandong University
Course: Legal
Keywords: Maritime Lien Real Right for Security Creation Transfer Extinguishment
CLC: D912.29
Type: Master's thesis
Year: 2007
Downloads: 239
Quote: 1
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Abstract


Maritime Lien is one important system in Maritime Law. It is not the key one, but is one more disputable field. There’ve been much controversy on its nature, and there are even more controversy on its creation, transfer and extinguishment in practice. The author discusses the basic theory of Maritime Lien and mainly focuses on its creation, transfer and extinguishment, basing on its nature as a kind of real right.The article is composed of four chapters, excluding introduction and conclusion. Chapter I outlines the maritime lien system. First, the author talks about its origin and development. Maritime Lien is the one concept originated from the traditional navigation practice"Bottomry" overseas. Then, the author discusses its characteristics and object simply, and acknowledges the ship itself as its object. Through the analysis of the relative concepts in continental civil law and Anglo-American law, the author points out that china should refer to the priority system in continental civil law, in order to make our Maritime Lien system more standard. During this chapter, it is emphasized that Maritime Lien is a kind of real right for security in nature, and all the below parts are discussed on its basis.Chapter II elaborates the creation of Maritime Lien. It is stated that Maritime Lien creates with its secured particular maritime credit. To resolve the unfavorable influence to other real rights for security, the author mentions two different suggestions-information display system and right registration system, preferring the former one. Then the executing date of Maritime Lien are discussed, and due to the dependent nature of Maritime Lien, some easy-to-be-disputed maritime credits in practice are in question.Chapter III elaborates the transfer of Maritime Lien. This chapter firstly discussed relative China regulations and theories, stating that the transfer consists of two ways, that is assignment and subrogation. Then, the author explains the corresponding status in continental civil law and Anglo-American law. At last, the international conventions are introduced, and some suggestions are deduced through the contrast method. For example, we China should recognize specific regulation on lawful subrogation in Maritime Law.Chapter IV is the extinguishment of Maritime Lien. It is divided into two parts, one is about special provisions of Maritime Law, and the other is about other aspects except the former one. During this chapter, the author discusses the reasonableness of our regulations and theories, while points out some problems need to perfect.

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