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ARTICLE · 23 NOVEMBER 2012

Maritime Lien In India

JSA Advocates & Solicitors
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The existence of a maritime lien rests on the principle that the vessel is a legal entity itself, apart from its ownership.

IndiaTransport
Niyati Nath
Niyati Nath
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The maritime lien has been described as one of the most striking peculiarities of admiralty law. It gives rights against a vessel that survive the sale of the ship and that enjoy priority ahead of registered mortgages, even though the lien is not registered. It may afford rights against a vessel even if the lien is created by a charterer or manager of the vessel.

The existence of a maritime lien rests on the principle that the vessel is a legal entity itself, apart from its ownership. The lien is not a security interest arising from the personal obligation of the vessel's owner or operator under a contract, but instead the vessel itself owes obligations that may be breached.

In general, maritime liens arise out of maritime transactions and maritime accidents. They can arise from seafarers' liens for wages, tort liens, which are liens from maritime accidents such as collisions or damage to cargo and salvage liens.

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