Izvorni znanstveni članak
https://doi.org/10.21857/ydkx2cgn09
The Requirement of Periculum in Mora in the Ship Arrest Procedure Under Croatian Law
Jasenko Marin
; Faculty of Law of,
Sažetak
The paper examines the legal requirement of periculum in mora (prima facie evidence of the risk that, without the ship arrest being ordered, the debtor will make the enforcement of the future judgment more difficult or even impossible) within the framework of ship arrest procedures in the Republic of Croatia. Under the current legislative landscape, the Croatian Maritime Code lacks specific provisions regarding this requirement but refers to the application of the Enforcement Act. The latter prescribes periculum in mora as a general requirement for all provisional (interim) measures, with two exceptions: in cases where the provisional measure could cause only minor damage to the claimant and in cases where the claim should be enforced abroad. The author considers these national provisions in light of the reality of modern shipping as well as through the lens of the 1952 Arrest Convention, to which Croatia is a party. Taking into account the provision under Article 6 of the 1952 Arrest Convention, according to which all matters of procedure relating to ship arrest are governed by the law of the contracting State in which the arrest is made or applied for, the paper analyses the legal nature of the periculum in mora requirement – specifically, whether, under Croatian law, it constitutes a substantive and/or a procedural condition. Furthermore, the paper addresses critical de lege ferenda questions: should the necessity of providing prima facie evidence of the existence of periculum in mora, as a general condition for any provisional measure, be excluded in the ship arrest procedure and, if so, should it be excluded solely in ship arrests governed by the 1952 Arrest Convention (arrests with an international element), or should it also extend to purely domestic arrests (without an international element) which are governed by the Croatian Maritime Code and the Enforcement Act?
Ključne riječi
arrest of ships; provisional measures; periculum in mora; 1952 Arrest Convention; Croatian Maritime Code
Hrčak ID:
353350
URI
Datum izdavanja:
12.11.2026.
Posjeta: 0 *