Maritime Liens, Possessory Lien And The Mortgage Of A Ship Order Problem Research

This dissertation, with a research object of ranking of ship security interest under the frame of PRC laws, analyzed ranking of each ship security interest under existing legal system, upon substantive law and procedural law, through comparative analytical method and comparison of relevant provisions as stipulated by international convention, and further analyzed the influences and conflicts that possibly occurred between several ship security interests while they existed simultaneously. Upon above analyses, the dissertation has found the problems existed among present legislations and attempted to seek methods for improvement.Background of selecting subject, significance, the scope and method of research in regard to this dissertation were introduced in introduction.Chapter one expounded the fundamental problems concerning the basic concept, property, character, procedure of implementation of maritime lien, possessory lien on vessel, and ship mortgage with which the dissertation concerned, and compared the similarities and differences between them.Chapter two mainly discussed problems of maritime lien. Firstly, it analyzed the legislating tendency of maritime lien from the perspective of international convention and the provisions stipulated by system of China’s maritime lien; secondly, it analyzed payment ranking between maritime claims secured by maritime lien and pointed out the shortage of the provisions stipulated by China’s Maritime Law; finally, it analyzed and compared the principle methods in which limited maritime lien under the tendency of improving payment opportunity of ship mortgage continuously.Several questions concerning the system of possessory lien on vessel has been discussed in Chapter three. Firstly elaborates the subjects of possessory lien on vessel and the problems occurred therefrom, then discussed the setting of payment ranking of possessory lien on vessel as stipulated by PRC laws and commented the viewpoints of academic circles, finally proposed arrangement methods for priority of possessory lien on vessel by the author.Chapter four mainly discussed the ranking of ship mortgage. Based on the analyses and comments with the methods of promoting payment opportunity with regard to maritime mortgage, it further expounded viewpoints of the author.Chapter five discussed the influences of System of limitation of liability for maritime claims and payment relation of aforesaid ships security interests, analyzed the conflicts between system of limitation of liability for maritime claims and Maritime Lien, and then further pointed out the shortages of provision stipulated by existing laws.