Seizure may be carried out either on the vessel to which the claim relates, or on any other vessel belonging to the person who was, at the time the maritime claim arose, the owner of the vessel.
Ships owned or operated by a State cannot be seized if, at the time the claim arose, they were the owner of the ship to which the claim relates or at the time the claim arose, they were assigned exclusively to a governmental and non-commercial service.
On receiving notification of the judicial decision authorizing seizure, the competent maritime authority issues the prohibition to sail and ensures its enforcement.
Notwithstanding any seizure and at any time, the competent court may, after consultation with the maritime authority authorize the departure of the vessel for one or more specific voyages. To obtain this authorization, the applicant must provide sufficient security.
No request for the release of the vessel against the provision of a guarantee be construed as an admission of liability or as a waiver of any defence or right to limit liability.
The competent court, after consulting the competent maritime authority, sets the time limit within which the vessel must return to the port of seizure. It may subsequently modify this time limit to take account circumstances and, if necessary, authorize the vessel to make voyages.
If the vessel has not returned to port by the end of the time limit, the sum deposited as security shall be forfeited to the creditors, except in the event of claims covered by the policy.
The opinion of the competent maritime authority referred to in articles 116 and 117 of the law is of an advisory nature and is not binding on the judge.
Maritime claims which may give rise to the attachment of a vessel are those which, in accordance with the provisions of the International Convention on the Arrest of Ships of March 12, 1999. resulting from one of the following causes:
1) damage to property or personal injury, including loss of life on land or at sea caused by a ship or arising from its operation,
2) assistance and salvage,
3) contracts relating to the charter or use of a vessel,
4) contracts for the carriage of goods by ship,
5)-loss or damage to goods and baggage carried by a ship,
6) general average,
7) towing or piloting of a vessel,
8) supply of products, materials or services to a ship for its operation or maintenance operation or maintenance,
9) construction, repair, equipping of a ship or bilge costs,
10) salaries of master and crew,
11) disbursements of the master, charterers, shippers or shipping agents, carried out on behalf of the ship or its owner,
12) commissions of ship’s agents etc.
Add comment