THE SECURITY OF A MARITIME LIEN
A Maritime Lien provides a valuable method of enabling a creditor or an injured party to make the ship herself (and the freight she may be earning) available as security for his claim. Such a Lien is unique in as much that it adheres to the ship wherever she may go, giving the claimant power to have her arrested, and if necessary, realised to satisfy the claim. Despite international conventions however, the laws and procedures pertaining to the creation and enforcement of Maritime Liens and Arrest of Ships remains a complex and little understood method of recovery. A study entitled "The Security of a Maritime Lien" undertaken by ECS Marine has been published. It is written in such a way as to give the reader practical guidance on how to use this process and to show the problems that are encountered in various countries throughout the world, citing legal cases for the purposes of illustration. The following topics are included in the study: (1) An introduction to the General Law relating to Maritime Liens; (2) An examination of the 1926 International Convention on Maritime Liens and Mortgages; (3) An examination of the 1952 International Convention on the Arrest of Sea Going Vessels; (4) An examination of the two leading legal systems relating to Maritime Liens and Rights of Arrest-the American and the English System; and, (5) An outline of the various laws and procedures for enforcement of Maritime Liens and Arrest of Ship as they apply in major maritime countries of the world. Countries considered include: Australia, Belgium, Canada, Demmark, France, Germany (F.R.), Greece, India, Indonesia, Italy, Jamaica, Netherlands, Norway, Singapore, and Sri Lanka. The International Conventions are reproduced, in full, as appendices. This study is intended as a tool for Marine Credit Management. It offers rapid information on the scope and limitations of this unique process as a reference prior to the granting of credit and, should it prove necessary, as a means of realising a claim.
ECS MarineShaw House, 27 West Way
Botley, Oxford OX2 0JE, England
- Publication Date: 1980
- Pagination: n.p.
- TRT Terms: Finance; Legal constraints; Maritime law; Ships
- Uncontrolled Terms: Liens; Ship mortgage
- Subject Areas: Finance; Marine Transportation; Operations and Traffic Management; Vehicles and Equipment;
- Accession Number: 00315027
- Record Type: Publication
- Files: TRIS
- Created Date: Aug 27 1980 12:00AM