Precautionay Seizure of Civil Ship

AuthorCiprian Alexandrescu
PositionConstanta Notaries Public Chamber
Constanta Notar
: 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
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.
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-
As the theme of this paper is the
made in detail, on another occasio
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
-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
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
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
The situation is further complicated wh
tracting states of maritime conventions.
the seizure of civil ship, the analysis of institution
Legal Sciences
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
ades ago, as a result of
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

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