船舶优先权若干法律问题与研究.docVIP

摘 要 船舶优先权海商法上一项的制度，，Abstract Since maritime lien system is a particular legal system in Maritime Law,with long history and abundant contents, lots of scholars feel interest in studying it.That perfects the rules and theory of maritime liens system,and makes it widespreadly adopted or acknowledged in the world.However,due to different legal tradition of each country and disputable viewpoints of scholars,there are sitll a large amount of controversies about the maritime lien system,such as law character, confines,efficacity, enforcement procedure and extinction of maritime lien. Among all, the author take the law characte, item, priorities and the relationship between maritime lien and limitation of liability for maritime claims for the most valuable parts.Therefore, the whole text will expound centreing on the above mentioned problems. Besides foreword and conclusion,the text is composed of 5 chapters.Chapter Ⅰ outlines maritime lien system.The author first make the comparison with the different appellations of maritime lien in legal rule of different countries,then discuesses the two prevailing opinions about translating maritime lien into chinese word,choosing which one is preferable.In the end of this chapter, the author forward analyses the content of maritime lien. Chapter Ⅱ focuses on the law character of maritime lien.At present, there are plenty disputable viewpoints on the issue:Is it belongs to a substantive right or a procedural right?Is it belongs to a real right for security or a special effect of credit? In the eyes of the anthor, maritime is a kind of substantive right;however,it neither belongs to a real right for security nor a special effect of credit, it actually is a third special right. Chapter Ⅲ expounds the maritime lien items and the priorities of maritime liens.Section Ⅰ compares the different regulations about maritime lien items both in the domestic legislation of each country and the conventions, sums up the variation trend of maritime l