Commercial Lien Established Condition Is Studied

As statutory security interests, lien plays an important role in civil and commercialactivities. Lien usually can be divided into civil lien and commercial lien. Although theyare in common in some aspects, there are also a great difference between them. With therapid development of commercial activities, only civil lien has been unable to fullyprotect the interests of the subject. According to this condition, property law providesthe commercial lien, which is an important progress in our legislative activities. Thevalue of commercial lien is letting the creditors conduct the normal business, promotingthe rapid and efficient settlement of debt and ensuring transaction security and stability.In commercial activities the commercial lien has so important role, so only a simpleproviso is not enough. By analyzing the constituent elements of commercial lien, I hopeit is helpful for the correct application of the system and perfection of legislation.This article has three parts:The first part of this article is “Overview of commercial lien.” Firstly, theintroduction of legislative process of commercial lien, as well as the regulation of“Property Law". By the legislation, our country establishes civil lien and commerciallien coexistence situation. Secondly, introduction of the difference between civil lienand commercial lien. Finally, describes the important value of commercial lien.The second part of this article is “The negative conditions of the elements of thecommercial lien”. This part will discuss the negative conditions from two aspects. Theyare the situations that the parties agree to prohibit use of the commercial lien and thesituations prohibited by law and public order and good customs..The third part of this article is “The positive conditions of the elements of thecommercial lien”. This part will discuss the positive conditions from four aspects. Theaspect of subject, let the “between enterprises” expand to “between merchants”, which is favorable for protecting the weaker group in commercial activities; the aspect ofobject, the object of the commercial lien extends to all the property of the debtor,including movable property, securities and real estate. And the debtor’s property is notlimited to the debtor having ownership. The system of property acquired in good faithcan be applied to commercial lien. Debtor failing to pay mature debts is principle. Butin some condition, allow creditors to protect their rights through the emergency system.The commercial lien breaks through the limitation of debt linking to the property, but itdoesn’t mean that the commercial lien’s debt linking to the property is no reason. Thecommercial lien’s debt linking to the property should be limited by the businessrelationship.