Research On Vessel Possession In Possessory Lien On Vessel

The vigorous development of the vessel industry is inseparable from the important contributions made by vessel builders and vessel repairers in vessel construction and repair.My country’s “Maritime Law” stipulates that vessel builders and vessel repairers exercise possessory lien on vessels on the vessels they own in accordance with vessel building contracts and vessel repair contracts.There are disputes,which aroused discussions in the theoretical circle and disputes in judicial practice,and affected the realization of the rights of vessel builders and vessel repairers.The thesis is divided into three parts: introduction,main body,and conclusion.The main body is divided into four chapters:The first chapter mainly analyzes the provisions on possession of lien in the two major legal systems,and draws the similarities and differences between my country and the two major legal systems in terms of possession of lien,and seeks for reference.The perfect development of my country’s lien system also has a profound impact on the possessory lien on vessel’s system.Through the comparative analysis of the lien possession and the vessel’s possession regulations,the difference between the two is found,and the dispute over the vessel’s possession in the possessory lien on vessel in my country is put forward.The second chapter mainly discusses the identification of legal vessel possession.Through the analysis of the general situation of legal vessel possession by vessel builders and repairers,it is emphasized that legal vessel possession is also established under special vessel possession situations.The identification of legal vessel possession is clearly defined,which better protects the legitimate rights and interests of vessel builders and vessel repairers.The third chapter mainly analyzes the determination of the loss of vessel possession and the impact on the possessory lien on vessel.Circumstances of loss of possession of the vessel after the act,and loss of possession of the vessel after judicial arrest.Through analysis,it is found that although vessel builders and vessel repairers have formally lost possession of vessels,they should affirm the existence of actual vessel possessions,and they can also restore possession of vessels through legal means in the future.Through the combination of theoretical analysis and practical cases,it discusses the influence of the loss of vessel possession on the possessory lien on vessel,so as to better solve practical problems.The fourth chapter puts forward suggestions for perfecting the provisions of vessel possession in possessory lien on vessel.Clarifies the establishment of possessory lien on vessel under special circumstances with legal vessel possession,expands the scope of determination of vessel possession,and clarifies the circumstances of loss of vessel possession and the restoration of vessel possession.To protect the vessel’s possession of the vessel and the realization of the possessory lien on vessel by vessel builders and vessel repairers from various aspects.At the same time,it further clarified the order of compensation for possessory lien on vessels under different vessel possession situations.