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.