Study On Lien Under Port Cargo Operation Contract

Port operators play a vital role in the international trade chain.With the continuous development of international trade,the competition among ports is becoming increasingly fierce.In order to continuously compete for goods sources,expand business and improve port throughput,more and more ports take measures such as relaxing the account period for customers to win customers.When the operation of the principal’s business situation deteriorates or other problems arise,the port operator’s lien exercise is very important.Due to the professional nature of international trade,goods transactions occur frequently in the whole trade link,and the owners of goods often change with the occurrence of transactions.Coupled with the participation of freight forwarders,operating principals and owners of goods are often inconsistent,so port operators face many problems in exercising the lien.In the links of international trade,the customs cannot be separated from the participation.When there is a dispute over the declaration of goods and the payment of customs duties,the goods may be seized by the Customs.In addition,the application of conflict provisions between the Customs Law and the Civil Code and the order of payment of fees also need to be discussed.With the increasingly fierce market competition,the port operator will give the operating trustee a certain account period,at this time there will be a situation of delivery before payment,the exercise of the port operator’s lien needs to be discussed.Most of the enterprises cooperating with the port operator may not be able to pay the port fees on time as the operating conditions of the principal deteriorate.However,in order to carry out the trade,the operating principal may transfer the goods to a third party.At this time,the exercise of the commercial lien is also directly related to the vital interests of the port operator.With the promulgation and implementation of the Civil Code,the research trend of lien gradually develops towards the direction of combining theory and practice,and it becomes a general trend to solve practical problems by legal means.Based on three problems encountered in practice in exercising the lien,namely,the problem of goods being seized and detained by the customs,the problem of taking delivery of goods before payment,the problem of bona fide acquisition of commercial liens,this thesis expounds the specific problems and solutions respectively by combining the provisions of the Civil Code,relevant judicial interpretation and Customs Law.It provides suggestions for port operators from the two aspects of self-protection of port operators.It can help to improve the legal system,standardize actual business and reduce disputes,so as to protect the rights of all relevant parties,promote the development of port enterprises,guarantee the orderly progress of logistics links,and thus promote the development of international trade.