3 курс «Технология транспортных процессов»

1. 
   What is Worldscale?
   
2. 
   What information does it contain?
   
3. 
   How often is Worldscale amended and published?
   
4. 
   Can any disputes be resolved under a Worldscale?
   

A lien is strictly a right to retain possession of property as security for payment of a debt. The word is also used in wider senses however. The Carrier of the goods has at common law a right of lien over the goods for the payment of his freight. In the ordinary way this lien would apply even without express provision in the contract. A lien is however lost if the terms of the contract are inconsistent with its exercise. Thus if freight is only payable after delivery of the cargo there can be no lien. If “freight prepaid” bills are issued, the Carrier cannot exercise a lien as against the Bill of Lading holder even if the freight has not been paid.

A lien for freight would normally be considered to cover the costs of enforcing that lien, but a question which will from time to time need consideration is the practicability of exercising a lien on the cargo ashore in the discharge port. A lien is not lost by discharging to independent tankage where the goods remain under the control of the Carrier or his agent. In this respect discharge of the cargo from the vessel, and its delivery to the consignee are to be distinguished. Where it is possible to discharge under lien in this fashion the carrier has to consider if he will withhold discharge of a part of the cargo even though this entails detention of the vessel. Where it is reasonable for the carrier to exercise his rights in this way he should succeed in a claim for demurrage for the delay occasioned by the exercise of the lien, but such pre-emptive action is fraught with difficulties.

A right of lien does not include a power of sale of the goods in enforcement of the lien unless either the cargo has been abandoned by anybody with a claim to it or a judgment has been obtained and the sale is in enforcement of the judgment.

Liens for deadfreight, demurrage, damages for detention and other expressly granted rights of the carrier are governed by the terms of clauses constituting the rights in question.

- залог, гарантия

- долг

- собственность

- несовместимый с….

- применить залоговое право

- нуждаться в рассмотрении

- осуществимость

- до известной степени

- удерживать, останавливать, отказывать

- чревато чем-либо…..

- преуспеть

- решение суда

- оставить груз

- разумный

1. 
   What is a lien?
   
2. 
   In what cases can a lien be exercised?
   
3. 
   In what cases is a lien lost?