Maritime Lien

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. In common law, a lien is the right of the creditor to retain the properties of his debtor until the debt is paid.

It is a proprietary lien which interest is about the “res” (property). It should be understood that “res” may be the vessel (including its appurtenances and equipment), the cargo, the freight or even the proceeds of sale. The rights include jus in re (right on the property) and jus in rem (right against the property). 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. 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.

Normally, a maritime lien relates to the different marine transactions in the admiralty jurisdiction and creates the maritime claims. It will be created by the statute such as the Ship Mortgage Act.

Read more about Maritime Lien:  Characteristics of Maritime Lien, Distinguished From Shipowner’s Lien, Advantage of Action in Rem, Discharge and Distinction of Lien, Conflict of Laws and Choice of Law