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THE CARRIER SHALL COMPENSATE THE LOSSES OF THE DEBTOR FOR AN IMPROPER EXERCISE OF LIEN

――Compagnia Sud Americana de Vapores S.A. v. Yi Fan Biological Science Group Ltd. for dispute over a contract of carriage of goods by sea

 

   The right ofmarine cargo lien is stipulated by the law to guarantee the legal interest of carrier. Exercising the right of lien by the carrier is not based on the goods owned by the debtor, but shoule be within  reasonable limit. The reasonable limit refers to the amount, time, way, and disposal measures of goods under lien. The carrier shall compensate the debtor by deducing from the debt if exercising the right of lien in an improper way causing damages or losses. If the debt cannot cover the losses, the carrier shall pay the compensation additionality.