Precautionay Seizure of Civil Ship

• Author: Ciprian Alexandrescu
• Position: Constanta Notaries Public Chamber
• Pages: 33-40

P

rec

Constanta Notar

Abstract

: Noting that many pend

of commercial ships, we intend t

fact that the few Romanian law

have referred in particular to co

Civil Procedure Code, not consid

the ship. In our opinion the me

investigation of what is the ship

research on shipping.

The concep

regulations that led to the develo

We can say that the diversity o

concept of ship, is largely due

benefiting from exceptional facil

Keywords:

judicial seizure; com

Ship’s weapons are rapidly evolv

technology development in gener

shipping specificity, capable of t

rivers, waterways, etc., but mostl

and imports are mad

e using com

many states, even of some nava

regulations about the notion of sh

practical nature, in application of

precautionary seizure.

In the latt

maritime conference

s, prior to th

as clear as possible, but some st

either disregarded the regulations

which made difficult the theoreti

the ship as subject of their regu

ships under the flag of non-

contra

As the theme of this paper is the

made in detail, on another occasio

recautionay

Seizure of Civil Ship

Ciprian Alexandrescu

taries Public Chamber, contact@notaralexandrescu

ending cases in the maritime and river sections of the courts co

d to study in detail this institution of maritime law. This appro

aw

-writers, an

d especially the practitioners, who have approa

comment and interpretation of existing rules in the Commerc

sidering the relationship between other institutions of

maritim

mentioned institution o f law can not be examined thorough

hip which is subject to seizure. Moreover, the ship is at the

cept of ship has been controversial since the seventeenth cent

elopment and adoption of commercial codes, and it is still co

o f opinions,

expressed bo th in the legal literature and lega

e to the technical progress of shipping in modern times, thi

cilities to ensure a safely water transport of goods

and people.

ommercial code;

precautionary seizure

olving, that being hard to imagine only a few decad

neral, which has influenced the construction

of ship

f transporting large quantities of goods on all cont

ostly because of the low cost of transport, in recen

ommercial ships.

In light of these realities, it appe

val powers, had not the same rate of change, rem

f ship and its legal nature, which has created d

ifficu

of regulations relating to the ship’s seizure, with m

latter part of last century, there have been made

the adoption of conventions in the field, to give de

states, for various reasons (conservatism, comme

ns stated in conventions or added t

o these definitio

etical interpretation of maritime law institutions, be

gulations.

The situation is further complicated wh

tracting states of maritime conventions.

the seizure of civil ship, the analysis of institution

sion.

Legal Sciences

33

scu.ro

concern the seizure

proach is due to the

roached the subject,

ercial Code and the

time law and seizing

ughly without prior

he heart of all legal

entury, with the first

controversial today.

gal practice, on the

t his transport mean

le.

ades ago, as a result of

hips.

Given that, due to

ontinents, oceans, seas,

ent years most exports

ppears that the laws of

remaining on outdated

iculties, in particular of

more emphasis on the

de great efforts in the

definitions of the ship

mercial interests, etc.),

itions various elements,

, because all these have

when the dispute is on

ons mentioned is to be