Notion and fundamental presumptions of the institute of lien in Anglo-American law

The subject matter of the present work covers the conditions of taking place of a specific institute of the Anglo-American law - the so-called lien serving as an instrument of ensuring the interests of a creditor of a due claim that is not honored by the debtor. This rather traditional power that has been developed already within the framework of the Common Law represents a kind of legal burden over debtor's property that enables the creditor to exert pressure against the debtor or, as the case may be, to collect out of the value of the burdened property. Especially important is the condition of existing of a due and actionable claim, which condition in fact determines the scope of application of that institute. Connected to the issue of the institute of lien is the important issue of possession. In other words, since this institute appears in practice in a rather large number of forms, it is necessary among other things to distinguish between the possession and non-possession characteristics of lien, because the conditions for its taking place and realization also differ to quite a degree, which applies to the corresponding effects as well. Possession-wise Hens that originated mainly through the Common Law rules, or that are recognized by statute to certain categories of owners, find their ground in the uninterrupted and legally valid possession of a movable object that has been handed over by debtor to the creditor within the framework of the legal transaction giving rise to the obligation that was not fulfilled. An indispensable condition of taking place of a lien is also a connexional relationship between the claim and the object of property subjected to the above power.