问答题 In relation to the Property Law of China:
问答题 (a) explain the term right of lien; (4 marks)
【正确答案】In accordance with Article 230 of the Property Law, right of lien refers to such a right where an obligor fails to pay off its debts due, the obligee may take lien of the movable that is owned by the obligor and lawfully in the obligee’s possession, and has the right to seek compensation in priority from such movable. Right of lien is a statutory right that cannot be established by a contract between the parties concerned.
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问答题 (b) state THREE conditions to be met for a party to claim the right of lien. (6 marks)
【正确答案】In accordance with Articles 231 of the Property Law, the following conditions shall be satisfied simultaneously where an obligee intends to claim the right of lien: (i) The obligee shall lawfully possess the movable of the obligor, such as the goods for transportation by a carrier or the equipment for repairing by a repairing plant. The immovable cannot be the subject matter of right of lien, even though it may be lawfully possessed by a party. (ii) The movable taken as lien by the obligee and obligee’s right shall fall into a same legal relationship, except for the lien between enterprises. (iii) The obligor does not settle his debts due.
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