maritime lien

The lienholder could give up the right of maritime lien either by expressed or implied intention.

A maritime lien constitutes a security interest upon ships of a nature otherwise unknown to the common law or equity.

For example, bunker suppliers are not protected by maritime lien under UK law.

Maritime liens are sometimes referred to as tacit hypothecation.

Maritime liens have little in common with other liens under the laws of most jurisdictions.

The Characteristics of maritime lien are as follows:

A shipowner's Lien is a which is the major difference between it and other maritime liens.

However, some authorities state that there is no difference between shipowner's lien and maritime lien.

The maritime lien has been described as "one of the most striking peculiarities of Admiralty law".

Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers.

If, however, a charter breach creates a maritime lien, the suit is in rem, against the vessel itself, with exclusive admiralty jurisdiction.

Normally, a maritime lien relates to the different marine transactions in the admiralty jurisdiction and creates the maritime claims.

The reason for this is that Federal Maritime Lien Act is used to protect Americans, not the foreigners.

The question concerned is whether the Standard Oil were entitled to maritime liens for fuel oil delivered to Dannebrog's vessels.

However, it is difficult for the buyer to terminate the contact even the vessel still have some encumbrances, mortgages or maritime liens at the time of delivery.

A property salvage attracts a maritime lien against all property saved; however, the liability salvage (special compensation under Article 14) does not.

Normally, the buyer would also retain part of the payment for around six months to secure there is no any claims and Maritime Liens of the ship.

The attachment of maritime lien will start when the cause of action arises and will not be eliminated even by change of ownership in good faith purchase.

Although the maritime lien is attached to the maritime property whoever the shipowner is, it is possible to discharge or eliminate the lien by several ways.

A maritime lien in admiralty law is a privileged claim upon maritime property, such as a ship, in respect of services rendered to, or the injuries caused by that property.

Under the clause 9, the seller has made the warrant that the vessel is free from all charters, encumbrances, mortgages and maritime liens or any other debts whatsoever at the time of delivery.

Furthermore, due to the legal effect raised by the Maritime liens attach to the second hand ship, the buyer should further check the history and court writs to reduce the future loss from the purchasing ship.

A maritime lien is a lien on a vessel, given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use.

The doctrine of maritime lien is that a ship will be treated as a wrongdoer, not the owner, that the loss, damage or harm is caused by the maritime property, itself, and it has to make good for the loss.

An equitable lien takes effect essentially as an equitable charge, and they arise only in specified situations, (e.g. an unpaid vendor's lien in relation to property is an equitable lien; a maritime lien is sometimes thought to be an equitable lien).