Maritime L Essay

2347 WordsApr 16, 201110 Pages
ines Maritime Liens What is a maritime lien? Maritime liens are a right which springs from general maritime law . A maritime lien is a charge or claim against a vessel, its freight, or its cargo. A maritime lien attaches to the property at the moment when the cause of action arises 1 and travels with it. 2 There are according to Derrington and Turner two key features of the maritime lien: A) Claims attracting such a lien are accorded a high ranking when it comes to the distribution of a fund inadequate to meet all the claims against it. B) A maritime lien survives a change of ownership. Thus, regardless of re-sale a maritime lien remains attached to a vessel from owner-to-owner. Therefore it allows the vessel to go on sailing and conducting its business, with the understanding that the debt will be paid in the future. Also, the general understanding is that a maritime lien is incapable of assignment. Derrington & Turner claims that it is difficult to see why, at an abstract level, this should be so if the underlying cause of action is assignable. The main purpose of it is to ensure that a vessel can adequately obtain credit to properly outfit itself for a voyage. “A lien is a charge against property for payment of debt.” Who can file a claim and how does it work? Under certain circumstances anyone can file a maritime claim of lien, but the claims that are accepted as maritime liens differs within the different law jurisdictions. These differences will be identified later on in this report. One of the carrier’s most important remedies is his right to exercise a lien over the cargo of others. It is very common for the parties to a contract of carriage to make express provision of a lien. 7 This can be done under a bill of lading or a

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