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Effectiveness of Lien

Author: YuKeHong
Tutor: ZouHaiLin
School: Graduate School of the Chinese Academy of Social Sciences
Course: Civil Law
Keywords: Lien Effectiveness basis Effect of Property Rights Effect of Guarantee Proposal
CLC: D923
Type: Master's thesis
Year: 2000
Downloads: 365
Quote: 1
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Abstract

Lien is a creditor for the repayment of secured claims while the possession of the debtor's property enjoys an independent statutory property rights. In addition to a few countries in the world that will be a lien creditor, most countries have identified as their security interests. Also draws the majority of state regulations, \To make this statutory lien security interest to play its positive role, the paper is divided into five lien effectiveness research. The basis for the effectiveness of first lien; Section property as a lien effectiveness; Section III of the lien guarantee effectiveness; destroy the effectiveness of the fourth quarter as a lien. Beginning and end of the article in two parts, namely an overview and introduces the lien lien legislation on our thinking and recommendations. This article is based on a statutory lien is a security interest in the idea as the basis for discourse. It is through the property lien guarantee the effectiveness and efficacy study further argues that the statutory lien is a security interest in this view. Lien lien reflects the nature of the effect that the external appearance. This article is a statutory lien security interest by the nature of research on the effectiveness of the lien discussed. In the introduction section briefly summarizes the lien of the origin and nature of liens, expounded China's security interest on the lien is a statutory position. And to clarify the nature of the lien lien effectiveness and relationship. In the text, the study is a first lien on the basis of effectiveness, is divided into three parts be discussed. The first part is based on the validity of a lien overview; second part is the establishment of a lien requirements; third part of the factors that affect the effectiveness of lien. The establishment of requirements which the lien is the focus of this part. Requirements for the establishment of a lien paper, three essential conditions, namely: to be settled claims have reached the period of possession by the creditor debtor's movable property, debt and creditor's possession of the property of the relationship between the presence implicated. These three elements, the article to start the detailed discussion of issues related to the combination of research, such as a claim for a lien to be established range of issues, this paper is based on the principle of fairness because the lien and set up, so the lien creditor established range should not be limited to contract, unjust enrichment, no infringement because of management and are likely to occur in the lien, and detailed analysis of the likely scenario. In good faith to obtain a lien on the issue, this paper draws on national legislations and scholars, on the good faith of lien positive attitude. Factors affecting the establishment of a lien on, the article draws some scholars say, citing a five-point impact lien validity situation. Circumstances affecting the effectiveness of liens include the following five aspects: First, because the possession of the debtor's property infringement; Second lien debtor's property against public order and decency; Three is the property of the debtor and the creditor lien obligations inconsistent; Fourth lien debtor's property when the delivery of the property violates the debtor's direction; Fifth lien lien on the debtor's property violation exclude the exercise of conventions and other five cases. The second article discusses the effectiveness of property liens. Property liens effectiveness effectiveness is the main performance. This section is divided into five sections were studied: the first part outlines the lien property effect. Lien is a statutory security interest, it has a real right effect, but it also has its own characteristics. The effectiveness of this property lien from four aspects: it has legal effect, the dominant effect, exclusive claims on the efficacy and effectiveness of substance. As for the other typical security interest has the chase and effectiveness \Bu the lien is lost. l; has experience even for the eradication of this article there is a separate discussion. Section __ huge part of your set point lien validity are discussed enumerated statutory effect to the performance of children lien a V surface, they are addressing: an established statutory requirements; Second, the statutory lien Rong; Third lien The exercise statutory; Fourth lien fat cow statutory requirements. Statutory effect in the last part of this article discusses the effectiveness of plant lien statutory exceptions, limitations and exclusions that lien issues, wide on the right of the parties to stay legally declared limitations and exclusions applicable lien, hold a positive opinion. The second part of the paper studies the lien dominance effect. Lien lien is undoubtedly the dominant effect of the basic effect as property. It is based on the lien lien holder with the subject matter; 11 right-based, and research to stay right on the first play of the subject matter will keep the right to use the necessary fees and sin-bearing Chuan claims such as the right of accepting Finally studied the lien holder dominance on about the fire, while enjoying its rights that lien obligation. Some scholars will be the dominant effect of lien is divided into two parts, the part is retained possession of the subject matter of a price change as a priority repayment effect. Busy as a statutory lien is a security interest, it can be said that a dominant power, so the effect should be left at its disposal the right department maintained born with only baby lien line position in the different stages of performance has focused Bale. This dominant effect on another part of lien priority repayment price change force effect on the guarantees are discussed in a wide. This section of the fourth subdivision of the lien on Petition Right effect. This point of view is the right thing to stay declare L became clear to seek power shall be vested in effect; '[a protective claim, but the lien holder has the right to exclude the base ten prejudice and prejudice prevention claims. The original meaning of combining a lien on property lien claims discussed the issue of compensation for infringement damaged homes. The first part of this section of the ugly lien for discussing the exclusive effect. Lien lien exclusive legal validity refers to the establishment, on the same subject matter does not allow the re-establishment of property rights associated with the same content. Discuss the effectiveness of course exclusive lien lien involved with other security interest actually fit the problem. This article is divided into two parts of the discussion. First lien security interest with other typical actually fit, this article discusses the lien and pledge, lien and liens, liens and mortgages; Second lien '. Other atypical competing security interest, including lien and retention of title, liens and guarantees competing with the official and the third is a statutory lien and security interest in other competing. Including lien and superior redundancy, liens and statutory mortgage. Given in lien mortgage with live

Effectiveness of Lien

Abstract

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