Other
Arrest pf ship for securing claim on the basis of the sale of ship : [case review]
Pave Dević
Abstract
The provisions of Yugoslav Maritime and Navigation Inland Law are applied for this kind of arrest. The provisions of Enforcement Procedure Act are applied in relation to objects which are not considered as sea-going ships. The proposal for arrest will be justified if the creditor within 15 days from the day when the court granted arrest can prove that he has already started legal proceedings before the competent court. In addition he must prove that without arrest he will suffer irreparable damage. This will be supposed if the claim should be settled abroad. If the foreign country whose flag the ship is flying, did not ratify the 1952 Arrest Convention, if does not exist factual reciprocity between Yugoslavia and that state, the ship can be arrested with a view of securing any claim not only maritime claims. Any problems relating to the existence of creditor's claim should be settled in regular proceedings.
Keywords
case review; arrest of ship; sale of ship;
Hrčak ID:
212391
URI
Publication date:
28.3.1991.
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