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Individual Coursework
Module: GBCA235-Shipping law
ID number: 10608940
Instructor: S. Sfyris
Academic Year: 2019–2020
Submission Date: /01/2020
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Contents
1.Introduction ……………………………………………………………………………………………. 2
2.Liens ……………………………………………………………………………………………………. 3
2.1. The Possessory Liens …………………………………………………………………………. 3
2.2. The Statutory Liens ……………………………………………………………………………. 3
2.3. The Contractual Liens ………………………………………………………………………… 3
2.4. Maritime Liens ………………………………………………………………………………….. 3
2.4.1 Collision and Tort Liens …………………………………………………………………. 4
2.4.2. Salvage ……………………………………………………………………………………….. 4
2.4.3 Seaman’s Wage Liens ……………………………………………………………………. 5
2.4.4 Preferred Mortgages …………………………... Error! Bookmark not defined.
3.The Distinction Between Maritime Liens an Other Types of Liens …………………. 6
4. Commencement of Forced Sale Procedure ………………………………………………… 6
5.Priorities …………………………………………………………………………………………………. 7
5.1 In Common Law …………………………………………………………………………………. 7
5.2 In International Convention ………………………………………………………………… 7
6. Conclusion ……………………………………………………………………………………………… 7
7. Bibliography …………………………………………………………………………………………… 8
8.References…………………………..………………………………………………………………….. 8
1.Introduction
At an early date in the advancement of the Admiralty law certain extraordinary rights
were perceived against the vessel itself. These rights were the holds back of our modern
maritime liens. The purpose of this coursework is the distinction of the main types of
liens, but also the identification of the forced sale procedures. It is very important for
someone to know the procedures from the moment that a vessel arrives to the court
until the moment that a vessel sold. Furthermore, the priorities of the maritime liens are
different in common law and in the international convention but also is a way to
understand the importance of maritime liens.
2.Liens
2.1. The Possessory Liens
The possessory lien as an idea is established by common law toward the start of the
nineteenth century. This idea based on the theory “right of retention”, in which the
interest goes to the individual who made the claim. Also it creates a “right”, as far as it
might decipher a claim enforceable just against the other party into an interest
enforceable against an outsider in other words third party. In order to achieve this, the
parties make a contract that it is inferred into specific transactions. (Jackson, n.d.)
2.2. The Statutory Liens
Sometimes, some liens are created by the statute. When this happens it is obvious that
the lien’s characteristics are implied and specified by specific contexts in the statute. At
the point when a lien connects to property, it gives to the one side of the party a
“secured interest” in that property which the creditor might have the option to seek
after and have offered to fulfill the obligation. (Encyclopedia Britannica, 2019) Under
