Original scientific paper
Right of retention in maritime law
Ljerka Mintas Hodak
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
A right of retention in maritime law is of paramount interest not only from the theoretical but also from the practical point of view. Comparative analysis of legal provisions contained in national laws concerning right of retention or its counterpart in common law countries - possessory lien - highlights its basic legal characteristics and effects and accordingly the extent to which such security,thanks to rights that are conferred on creditors or other persons exercising such right, represents solid or acceptable and useful protection of their claims against the person whose ship or cargo is retained.
In the first part of this article the author elaborates a concept of right of retention, its legal conditions and effects in civil and commercial law of some continental law countries with particular reference to Yugoslav law.
In the second part she analyses those situations where the right of retention can be applied in maritime law matters, and in particular in relation to shipbuilders and shiprepairers against the ship and in relation to the shipowner or carrier in relation to cargo onboard.
Regarding Yugoslav law it can be said that after the Obligation Act was passed in 1978 and other supplementary laws and taking into account provisions relating to right of retention contained in the Maritime and Inland Navigation Act (1977), this problem was solved in a satisfactory manner so that it has become a useful means for protection of creditor's claims.
Keywords
retention - ship; obligation law; shipping industry;
Hrčak ID:
216077
URI
Publication date:
27.4.1989.
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