Studying other countries’ lien, this thesis analyses the nature of lien in Article 87 of Maritime Code of the PRC and concludes that the carrier’s lien caused by freight,G. A. contribution and other contract obligat...Studying other countries’ lien, this thesis analyses the nature of lien in Article 87 of Maritime Code of the PRC and concludes that the carrier’s lien caused by freight,G. A. contribution and other contract obligations should be the legal security, and therefore should be the same as that of the Civil Law,whereas the lien caused by demurrage, dead-freight and other contract liabilities should be the agreed lien. The former should be established and carried out on the basis of abiding by the law. The carrier should have the right to deal with the cargo and have the priority to be paid out of the proceeds of the auction sale. The later should be agreed and established in the展开更多
It has long been argued about the range of the carrier’s lien on cargoes. By analysing the two of the ma1n opinions on it and referring to the other countries’ lien, the article manages to find out and identify a Om...It has long been argued about the range of the carrier’s lien on cargoes. By analysing the two of the ma1n opinions on it and referring to the other countries’ lien, the article manages to find out and identify a Omission in Art. 87 of Chinese Maritime Code and tries to supplement it with the method of the Hermeneutics of Civil Law- Thus, the article concludes that the range of the cargoes subject to the carrier’s lien shall be "the cargoes shipped by the carrier which incurs such charges.展开更多
This article discusses the debt secured by the cargo lien by sea.It covers two aspects. One is the legal debt, and the other is thecontractual debt.The legal debt means that unless it conforms to legal condi-tions, th...This article discusses the debt secured by the cargo lien by sea.It covers two aspects. One is the legal debt, and the other is thecontractual debt.The legal debt means that unless it conforms to legal condi-tions, the debt can not come into existence and be carried out. Thelegal debt secured by cargo lien by sea includes freight and generalaverage- The contractual debt includes the freight in the voyagecharter, the prepaid freight, the demurrage, the delay damage andthe hire in the time charter- As contractual debt, it is provided bycontract. And its fulfillment relies upon the performance of the con-tract.展开更多
文摘Studying other countries’ lien, this thesis analyses the nature of lien in Article 87 of Maritime Code of the PRC and concludes that the carrier’s lien caused by freight,G. A. contribution and other contract obligations should be the legal security, and therefore should be the same as that of the Civil Law,whereas the lien caused by demurrage, dead-freight and other contract liabilities should be the agreed lien. The former should be established and carried out on the basis of abiding by the law. The carrier should have the right to deal with the cargo and have the priority to be paid out of the proceeds of the auction sale. The later should be agreed and established in the
文摘It has long been argued about the range of the carrier’s lien on cargoes. By analysing the two of the ma1n opinions on it and referring to the other countries’ lien, the article manages to find out and identify a Omission in Art. 87 of Chinese Maritime Code and tries to supplement it with the method of the Hermeneutics of Civil Law- Thus, the article concludes that the range of the cargoes subject to the carrier’s lien shall be "the cargoes shipped by the carrier which incurs such charges.
文摘This article discusses the debt secured by the cargo lien by sea.It covers two aspects. One is the legal debt, and the other is thecontractual debt.The legal debt means that unless it conforms to legal condi-tions, the debt can not come into existence and be carried out. Thelegal debt secured by cargo lien by sea includes freight and generalaverage- The contractual debt includes the freight in the voyagecharter, the prepaid freight, the demurrage, the delay damage andthe hire in the time charter- As contractual debt, it is provided bycontract. And its fulfillment relies upon the performance of the con-tract.
