Ostalo
Conditions for the arrest of ship ; Existence of ship mortgage : [case review and note]
Veljko Vujović
; Zagreb, Hrvatska
Branko Jakaša
; Zagreb, Hrvatska
Sažetak
For the existence of a ship mortgage it is necessary that the mortgage is entered in the registry of ships. If the mortgage is not registered the judgement delivered as a result of an action brought by a mortgagee is null and void. If foreign claimants request the Court to grant the arrest of ship, the International Convention for the Unification of Certain Rules relating to the Arrest of Seagoing Ships (1952) will be applied. According to that Convention a ship may be arrested only in respect of a maritime claim. The payment of the price of the ship under the contract of sale is not considered as a maritime claim. Further requirement for the application of the Convention mentioned is that the creditor should prove the risk that without the arrest od the ship the payment will be aggravated or impeded. There is no such risk if a Croatian ship is registered in the Croatian ships registry and if a debtor undertakes no action which might aggravate or impede the creditor's claim.
Ključne riječi
case review; arrest of ship; ship mortgage;
Hrčak ID:
208938
URI
Datum izdavanja:
12.11.1993.
Posjeta: 509 *