论我国海上货物运输中货物留置权的性质及其影响

On the Nature and Influence of the Lien on Cargo in Carriage of Goods by Sea

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

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 contract