The limit priority or precedence constraints ?
|School||Shanghai Maritime University|
|Keywords||The scope of the maritime liens Restrictive debt Maritime Liens Maritime limitation of liability|
Maritime Liens and the establishment of maritime liability limitations are huge risks from the maritime transport industry. Maritime claims liability the specific maritime law different from civil law damages a special legal regime, when ship produce maritime claims due to the sailing accident or the behavior of the captain, crew, the shipowner liability law limitation of liability within the limits of the law, the legal system. Maritime liens as a legal system, maritime claims liability, Maritime Law is also unique, enjoyed by certain statutory special maritime creditors as the main subject of a ship, with high repayment ranking security interest. The relationship between these two systems was originally harmony and unity, but with the claimant maritime limitation of liability by the special protection of the interests of the persons responsible for this maritime development and evolution of the system, and the enjoyment of the ship to the priority of such special rights Maritime interests conflict, and has directly hindered the realization of the right of priority for repayment of these maritime claimant. Restrictive in the range of maritime liens and maritime liability system to limit the scope of the claims, and to study the relationship between the two from a range of both broaden or narrow the scope of the maritime lien or priority should be given to the applicable maritime limitation of liability, to determine the maritime lien guarantee which claims can achieve. Conflict exists between the two should be how to coordinate the two particular legal system. In addition to the introduction and conclusion, this article is divided into six parts. The first part of the maritime liens and maritime liability limit the two systems do a comparison found by comparing the two conflict, and analysis of the performance of the causes of the conflict and the conflict. The second section describes the scope of the maritime lien, that the scope of the maritime lien secured maritime claims, mainly a list of the 1926 Convention, the 1967 Convention and the 1993 Convention and the civil and common law system in some countries for the range of different regulations, through a comparative analysis of the causes of the differences of these provisions and provisions. The third part introduces the 1957 Convention on Limitation of Liability \summary of the scope of the provisions of the restrictive claims made in the analysis and comparison. The fourth part is based on the understanding of the conflict on both system put forward ideas to solve this conflict. The fifth part focuses on a range of issues, in several special cases of maritime liens own opinion on whether these types of cases can enjoy maritime liens. The scope of the problem of maritime lien is a maritime lien core content, what kind of projects should be included as the maritime liens project priority for repayment, reflecting the different social values ??and public policy considerations of States. The realization of how much of the project be among the creditors, including the mortgage of the ship, including the interests of the real impact. Part VI describes the relationship between maritime liens and maritime claims limit two major system, summarizes the relationship between these two major system and contradictions solution on the basis of the provisions of section 30 of the Maritime Law of reflection.