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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Main Author: Ciprian Alexandrescu
Format: Article
Language:English
Published: Danubius University 2011-05-01
Series:EIRP Proceedings
Subjects:
Online Access:http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/720/651
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author_facet Ciprian Alexandrescu
author_sort Ciprian Alexandrescu
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description 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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spelling doaj.art-dbef61d69a29433f88abf5a34a357b442022-12-21T23:42:04ZengDanubius UniversityEIRP Proceedings2067-92112069-93442011-05-01613339Precautionay Seizure of Civil ShipCiprian AlexandrescuNoting 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.http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/720/651judicial seizurecommercial codeprecautionary seizure
spellingShingle Ciprian Alexandrescu
Precautionay Seizure of Civil Ship
EIRP Proceedings
judicial seizure
commercial code
precautionary seizure
title Precautionay Seizure of Civil Ship
title_full Precautionay Seizure of Civil Ship
title_fullStr Precautionay Seizure of Civil Ship
title_full_unstemmed Precautionay Seizure of Civil Ship
title_short Precautionay Seizure of Civil Ship
title_sort precautionay seizure of civil ship
topic judicial seizure
commercial code
precautionary seizure
url http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/720/651
work_keys_str_mv AT ciprianalexandrescu precautionayseizureofcivilship