| 释义 |
lien
n. [via Old French from Latin ligamen, a binding] The right of one person to retain possession of goods owned by another until the possessor’s claims against the owner have been satisfied. The lien may be general, when the goods are held as security for all outstanding debts of the owner, or particular, when only the claims of the possessor in respect of the goods held must be satisfied. Thus an unpaid seller may in some contracts be entitled to retain the goods until he receives the price (see also unpaid vendor’s lien), a carrier may have a lien over goods he is transporting, and a repairer over goods he is repairing. Whether a lien arises or not depends on the terms of the contract and usual trade practice. A lien may be waived and can be lost, for example when an owner in possession sells goods to a buyer ignorant of a third party’s lien. This type of lien is a possessory lien, but sometimes actual possession of the goods is not necessary. In an equitable lien, for example, the claim exists independently of possession. If a purchaser of the property involved is given notice of the lien it binds him; otherwise he will not be bound. Similarly a maritime lien, which binds a ship or cargo in connection with some maritime liability, does not depend on possession and can be enforced by arrest and sale (unless security is given). The lien accordingly travels with the ship or cargo when possession changes, and is good against a bona fide purchaser for value without notice. Examples of maritime liens are the lien of a salvor, that of seamen for their wages and of masters for their wages and outgoings, that of a bottomry or respondentia bondholder (see hypothecation), and that over a ship at fault in a collision in which property has been damaged. A maritime lien is enforceable by proceedings in rem. See also solicitor’s lien. |