MARITIME LIENS (MARITIME PRIVILEGES) – FROM ROMAN LAW TO MODERN TIME

Maritime liens (the term in common law) or maritime privileges (the term in civil law) are considered as substantive rights, as opposed to mere procedural remedies. They are the product of evolution of custom, statute and judicial decisions. According to that approach the maritime liens (maritime privileges) are substantive right upon maritime property which entitles the claimant to subject that property to a judicial save, and have the claim satisfied out of the proceeds in precedence of non-lien creditors. To understand them, one must understand the history of maritime law.