在不少情况下,船东会考虑对货物进行留置,以收取未付运费、滞期费、滞期损失、共同海损担保以及在卸货后留置而产生的额外费用,例如堆存费、保险费和安保看管费用等。
通常认为,船东有权就货物被留置而在岸上产生的费用,向货物利益相关方提出索赔。但由于下列原因,这个问题在法律层面并不是那么的明确。
如果合同的一方按照合同对商品付出了劳动或进行了修理,英国法下,该合同方就有权留置商品。并且该合同方有权保留商品的所有权,直到收取其应得的费用。只要该收费是合理的,不论双方事先是否同意可以行使留置权,都可以进行留置。
详细信息请参阅附件。
Liening cargo to collect general average security
There are occasions when the shipowner considers he has a lien on the cargo for unpaid freight, demurrage, damages for detention, and general average security and incurs expenses such as storage costs, insurances and security watches in exercise of their lien on the cargo after discharge.
It is usually assumed the shipowner will be able to claim the cost of expenses incurred ashore to lien the cargo from the Cargo interests, but the law is not so certain for the following reasons.
If a party carries out work or repairs to goods under a contract, English law provides that party has a right of lien on the goods and he is entitled to retain possession of the goods so long as his charges are satisfied. It is not necessary for his charges in respect of which he exercises his lien to be agreed in advance as long as they are reasonable.
See attached file: ALCO20140016 Liening cargo to collect general average security.pdf

