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In the united states, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge 在普通法上,留置权表现为债权人合法占有留置物,如承运人占有所承运的货物,在托运人未付清运费前可留置货物不给予提取,故也称「占有性留置权」〔possessory lien〕。 In the us, a lien characteristically refers to nonpossessory security interests (see generally

We could put a lien on the building that has been built, on behalf of those who supplied the materials. A lien that attaches to the papers or property of a client which have come into his or her attorney's possession in the course of employment and that secures payment of the attorney's fees 从具体用法来看,《美国破产法》下的 lien 统指各种类型的“担保权益”,作为 security interest 的上位词使用; 《美国统一商法典》(UCC)下的 security interest 与 lien 作了切分, lien 是排除 security interest 之外的兜底性表述,取“非合意型”担保权益。

然而,lien的概念是否仅限于此、究竟是什么? 要全面回答好这个问题,恐怕是一篇小文所望尘莫及的——围绕着lien一词,有太多错综复杂的概念与理论, 就算英美法的本土法学学者及法律工作者也难以给出滴水不漏的精确释义。

A lien gives a lender or other creditor the legal right to seize and sell your property (a house or car, for example) if you don't meet your financial obligations on a loan or other contract. A lien is a legal claim made by a lender or creditor against an asset — such as a home or vehicle — when a borrower owes money. When someone has a lien placed against their property, it can prevent them from showing they have clear title if they try to sell their property—which would make the new owner responsible for. A lien is a security interest or legal right acquired in one's property by a creditor, or lienholder

A lien usually prevents sale of the property until the underlying obligation to the creditor is satisfied.

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