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Part VI The Rights and Immunities of the Carrier, 31 Liens

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
29 March 2022
ISBN:
9780198811947

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Subject(s):
Bills of lading and carriage of goods — Carrier's rights and immunities — Charter parties — Contract

This chapter addresses liens, the classic definition of which is that ‘a lien is a right in one man to retain that which is in his possession belonging to another, till certain demands of him the person in possession are satisfied’. This definition, however, explains the basis for the common law (or possessory) lien. There are three other types of lien in English law. These are statutory liens, equitable liens, and maritime liens. Maritime liens are particularly important. The main characteristic is that maritime liens are non-possessory and attach to the property from the moment the particular cause of action arises. The chapter then looks at liens at common law, before considering express contractual liens over cargo in bills of lading and charterparties. It also studies liens over sub-freights and cesser clauses.

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