If statutory liens based on claims set forth in the items of the preceding Article (hereinafter referred to as "statutory liens on a ship" in this Chapter) are in conflict with each other, the order of priority of those statutory liens follows the order set forth in the items of that Article; provided, however, that a statutory lien on a ship based on the claim set forth in item (ii) of that Article (limited to one for the salvage charges) takes precedence over any other statutory liens on the ship that have arisen earlier.
If two or more persons hold statutory liens on a ship which are of the same rank, those persons are paid in proportion to the amount of their claims; provided, however, that for claims set forth in items (ii) through (iv) of the preceding Article, if the statutory liens arise at different times, the one arising later takes precedence over one arising earlier.
同一順位の船舶先取特権を有する者が数人あるときは、これらの者は、その債権額の割合に応じて弁済を受ける。ただし、前条第二号から第四号までに掲げる債権にあっては、同一順位の船舶先取特権が同時に生じたものでないときは、後に生じた船舶先取特権が前に生じた船舶先取特権に優先する。
statutory liens on a ship
「船舶先取特権」
A statutory lien (先取特権) on a ship and its equipment held by a person with one of the claims listed in Article 842 — claims for death or injury in the ship's operation, salvage fees or general average contributions, port and pilotage charges, costs needed to continue the voyage, and crew wages.
Short name set inArticle 843, paragraph (1)· applies only in this chapter
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.