The Study On Several Questions Of Lien

The lien is the civil right which has the guarantee function. Correspondingly, the legal rules about lien constituted a guarantee law system. The lien system has a long history, it is stipulated by many countries'legislation. Chinese law has also stipulated the lien, such as General Provisions of the Civil Law, Guarantee Law and Contract Law. But in the process of observing and studying the legislation of some countries, We discover that the scope of lien's effect in our civil law is getting small. In addition, there are also many defects of our legal rules about lien. At present, the important issue which the legal science faces is how to make good use of the lien legislation of other countries and regions so as to establish and perfect the lien system of our state. In this thesis, the writer only carries on the exploration to certain legal questions of the lien system and tries to correct and clear some unreasonable and confused understanding and explanation. The article divides into four chapters:Chapterâ… introduces the concept of lien, and through the analysis on various countries'lien system legislation survey, the writer confirms that our country's lien is one kind of independent statutory security interests. Chapterâ…¡introduces the nature of lien, and emphasize to analyze the lien's subordination and indivisibility. The writer thinks that the lien can transfer along with the creditor's rights transferring, and the creditor can completely exercise the right to the whole subject matter of lien.Chapterâ…¢analyzes the conditions for the establishment of lien. The writer affirms the bona fide acquisition of lien and emergency lien, and suggests broadening the application scope of lien. With regard to the scope of subject matter of lien, it includes not only personal property, but also real property and valuable instruments; contains not only merchantable things, but also prohibited merchantable things and limited merchantable things.Chapterâ…£enumerates the special reasons for extinguishment of lien, emphasize to analyze that guaranty and the loss of possession lead to extinguishment of lien. In addition, elaborate that lien is not invalid as prescription of guaranteed creditor's right completes. The end of article summarizes the viewpoint of the whole thesis.