Precautionay Seizure of Civil Ship
Noting that many pending cases in the maritime and river sections of the courts concern the seizureof commercial ships, we intend to study in detail this institution of maritime law. This approach is due to thefact that the few Romanian law-writers, and especially the practitioners, who have approac...
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| Format: | Article |
| Language: | English |
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Danubius University
2011-05-01
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| Series: | EIRP Proceedings |
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| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/720/651 |
| Summary: | Noting that many pending cases in the maritime and river sections of the courts concern the seizureof commercial ships, we intend to study in detail this institution of maritime law. This approach is due to thefact that the few Romanian law-writers, and especially the practitioners, who have approached the subject,have referred in particular to comment and interpretation of existing rules in the Commercial Code and theCivil Procedure Code, not considering the relationship between other institutions of maritime law and seizingthe ship. In our opinion the mentioned institution of law can not be examined thoroughly without priorinvestigation of what is the ship which is subject to seizure. Moreover, the ship is at the heart of all legalresearch on shipping. The concept of ship has been controversial since the seventeenth century, with the firstregulations that led to the development and adoption of commercial codes, and it is still controversial today.We can say that the diversity of opinions, expressed both in the legal literature and legal practice, on theconcept of ship, is largely due to the technical progress of shipping in modern times, this transport meanbenefiting from exceptional facilities to ensure a safely water transport of goods and people. |
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| ISSN: | 2067-9211 2069-9344 |