The Study On Possessory Lien On Vessel

As a special movable property,ship are regulated by the Maritime Law,and the possessory lien on vessel also has its special provisions in Maritime Law.With the improvement of the real right theory and the development of shipping practice,and with the deepening of the revision process of the Maritime Law,new requirements have been put forward for the construction possessory lien on vessel.Possessory lien on vessel is a part of the system structure for real right for security on vessel.However,there are many problems.Although the Ministry of Transport of China published the “Maritime Law”(Revised Draft for Comment)in 2018,which improve the provisions of the possessory lien on vessel,but there are still related issues that need to be clarified and resolved.Under the background of the revision of Maritime Law,this paper summarizes the existing provision of possessory lien on vessel,and find out the problems to be solved in possessory lien on vessel sysytem in our country.Through the analysis and comparison of different theories,author makes a modest contribution to the improvement of the possessory lien system in the revision of the Maritime Law.The article will focus on theses issues.In addition to the introduction and conclusion,this article is divided into five parts.The first chapter gives an overview of the possessory lien on vessel system,mainly introducing international conventions,the common law system,civil law system and my country’s provisions on possessory lien on vessel.This chapter starts with the possessory lien in the civil law,and the analyzes the possessory lien on vessel in the maritime law of relevant countries(regions).High-level construction has investigated the peculiarities of possessory lien on vessel regulations in different countries(regions),and put forward the unresolved problems of possessory lien on vessel in my country,which be analyzed an discussed in the following chapters.The second chapter discuss the types of the possessory lien on vessel.Firstly it summarizes three different viewpoints of academic circles on the issue.Then by comparing and analyzing the advantages and disadvantages of the above three viewpoints,the paper concludes that the object who enjoy the possessory lien shall be limited to shipbuilders and ship repairers.The third chapter focuses on the issue of possession in ship.The first section analyzes the judgment of possession in different situations,and also analyzes the rationality that indirect possession set up the possessory lien on vessel.The second section mainly discusses the judgment of loss of possession.By analyzing the different situations of the obligee’s initiative to give up and the obligee’s passive separation from possession,the impact on possession and the establishment of the possessory lien on vessel.The forth chapter mainly analyzes whether the commercial lien is applicable to the possessory lien on vessel.After analyzing the academia’s disregard of the law and judicial practices,the rationality of the commercial lien can be applied to the ship lien system.The fifth chapter mainly discusses the relevant issues in the realization of the possessory lien on vessel,mainly including the realization conditions of the possessory lien on vessel,the realization method of the possessory lien on vessel,and the compensation order of the possesory lien on vessel.Specifically,the three conditions for the realization of the possessory lien on vessel are summarized,especially the issue of grace period is discussed.On the issue of the realization of the possessory lien on vessel.The paper tends to support the view that it should be compulsory auction by the court,but it can not rule out the way of selling and discounting under the auspices of the court.In the order of compensation for the possessory lien on vessel,the issue of the order of compensation among possessory lien on vessel,maritime lien,ship mortgage and ship-based possessory lien is discussed.