Study On Transfer Of Maritime Liens Enjoyed By Seafarers

As a special content of maritime law,the maritime lien has been deeply studied and analyzed in academic and practical fields for many years,but there are still some disputes on the transfer of maritime lien.There are many legal problems involved in the transfer of maritime liens,on the one hand,it relates to the nature of maritime liens in maritime law,on the other hand,it also relates to the transfer of real rights in civil law.Based on the law of Maritime Law of the People’s Republic of China,Special Maritime Procedure Law of the People’s Republic of China and Provisions of the Supreme People’s Court on Several Issues Concerning Trial of Cases Involving Seaman-related Disputes in the provisions of the maritime liens,Civil Code of the People’s Republic of China in the transfer of creditor’s rights and the guarantee of the provisions of the Labor Law of the People’s Republic of China,related theory,based on the practice in our country,Respectively from the perspective of theoretical and empirical studies of intensive research crew maritime liens transfer related issues,focusing on at present in our country law within the framework of the crew of maritime lien transfer,special provisions,and the special problems in the research field put forward ideas and Suggestions,the improvement of the existing rules regarding the system to make their own efforts.In this thesis,the transfer of maritime liens enjoyed by seafarers is taken as the research object.Firstly,the concept of maritime liens enjoyed by seafarers is summarized,and the nature of maritime liens enjoyed by seafarers is discussed and similar rights are distinguished.This thesis analyzes the definition of the object scope of maritime lien in Maritime Law and Regulations and the determination of the subject of the crew lien claim.Then for the disputes over the transfer of exclusive rights of the person,the author sorted out the core disputes,presented his own views and contributed his own suggestions and ideas on the basis of the current legislation respectively for the transfer of crew’s priority in wages and crew’s right to claim compensation for personal injury and death.The transference of maritime liens enjoyed by seafarers and the subject of the third party.Based on the existing provisions on maritime liens enjoyed by seafarers and maritime practice,this thesis lists the granting of seafarers’ wage liens and personal injury compensation liens respectively.In addition,the third party subject and limitation of the granting of maritime liens enjoyed by seafarers are discussed in combination with related cases and judicial practice.In addition,the problems in the implementation procedure of maritime lien enjoyed by seafarers are sorted out.This thesis discusses the basic conditions for the transferee subject to apply for arresting the ship and discusses the form of arresting the ship by exercising the choice of a maritime lien.In addition,this thesis analyzes the implementation procedure and cost of the application for arresting the ship in the procedure of realizing maritime lien enjoyed by seafarers and whether the transferee undertakes the guarantee liability.