承运人对第三人货物的留置权
张家勇承运人对第三人货物的留置权
Carrier's Lienon Goods of a Third Party
期刊名称：《法学研究》
期刊年份：
作者：张家勇
单位：西南财经大学法学院
中文关键词：货运合同;承运人留置权;第三人;利益平衡;体系违反
英文关键词：freight contact;carrier’s lien;a third party;interest balance;system violation
中文摘要：
我国海商法、担保法、合同法与物权法等法律构造了现行的留置权规范体系。相关法律在留置权成立要件上表述不一，导致了法律适用上的困难，集中表现在合同法第315条的解释适用上。无论从货运合同各方的利益结构、诚实信用原则或善意取得角度，还是从承运人留置权所保护债权的发生原因角度，都无法合理得出承运人可以根据该条对第三人货物主张留置权的结论。只有借助法律解释技术，通过稳定的司法适用确定该条的准确含义，才不至于产生利益冲突和体系违反的效果。
英文摘要：
Chinese lien system is established by current laws such as Maritime Law, Guarantee Law, Contract Law, Property Law, and so on. But different laws have different requisitions for the acquisition of lien, which leads to the difficulties in the application of law, especially § 315 of the Contract Law.From the view of the interest structure of the parties to the freight contract, the consignee should not be deemed to be obligated to pay the freight or other expenses, let alone a third party who has nothing to do with the fright contract at all. Imposing carrier’s lien on the goods of a third party who is not the consignor would destroy the balance of the interest between the creditor and the obligor which justifies the lien generally. The carrier does not intend to acquire any right on the goods when entering into the freight contract, and usually pays no attention to the ownership of the goods, so it is obvious that the carrier cannot acquire lien on goods of a third party according to his good faith. Freight can not necessarily add to the intrinsic value of the goods, so the beneficiary is normally the consignor himself, and carrier’s lien on the goods of a third party cannot be justified by the doctrine of “benefit lies, burden lies”. If carrier’s lien on goods can be established regardless of the ownership or disposing right on goods, there will exist conflict between the provisions of the Maritime Law and the Contract Law.For these reasons, it is unable to conclude that a carrier can claim the lien on a third party’s cargo according to § 315 of the Contract Law. Only when the precise meaning of this article is determined by legal interpretation and stable judicial applications, will § 315 of the Contract Law not cause any conflict of interest and violation of the system.
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