Whether it's a barge fitted out for habitation, a hotel boat navigating the canals or a self-propelled vehicle transporting goods, the river boat occupies a unique place in our landscape and in our law. Often perceived as a simple means of transport or an original place to live, it actually has a complex and specific legal status, quite distinct from that of a maritime vessel or a traditional movable asset such as a car. Understanding the broad outlines of this status is essential for anyone who owns, plans to buy or sell, finances or operates such an asset. In addition to its legal status, it is essential to master the rules of river navigation in France.
This special regime affects every aspect of a boat's life: how it is identified administratively, how its ownership is established and passed on, what security can be taken over it by creditors, and finally, how creditors can take action to recover their debts in the event of difficulties. Let's take a look at the key points you need to know about the identification, ownership, securities and seizures applicable to registered inland waterway vessels.
Identifying your boat: registration and measurement
To exist legally and be able to navigate, an inland waterway vessel of a certain size (more than 20 tonnes deadweight or 10 m³ displacement) must be registered. This process, carried out with the authorities, gives the company a unique number and registers it in a national register. Registration gives rise to a certificateThis is the boat's identity card, which must always be on board. From identification marks (name, number, deadweight, etc.) must also be visible on the hull. In addition, identification of navigation vessels is essential to ensure safety in the event of an accident or inspection by the authorities. Each boat must also comply with precise technical standards, including regular maintenance of its safety equipment. Last but not least, registration and identification marks contribute to better management of river traffic and protection of the aquatic environment.
At the same time, these same boats must be subject to a gauging. This is a technical operation carried out by an approved body to determine precisely the loading capacity and volume of water displaced by the boat. The tonnage certificateThis is essential for safety and regulatory purposes. These two formalities fundamentally distinguish a registered boat from a simple piece of unregistered personal property.
Owning a boat: specific rules
Unlike ordinary movable property, where simple possession in good faith may be sufficient to prove ownership (according to the adage "possession equals title"), ownership of a registered boat is based on official entries. The certificate of registration and public registers are authentic.
The transmission of this property also obeys certain rules. strict rules. The sale of a registered boat must be subject to a written contract. More importantly, to ensure that the sale (or any other transfer such as a gift or inheritance) is enforceable against third parties (i.e. recognised by everyone, including the former owner's creditors or any other potential buyers), the deed must be published. This publicity takes the form of a specific registration at the registry of the commercial court in the place of registration. Failure to do so can have very serious consequences, as the former owner may, for example, remain liable for any debts or damage relating to the boat.
Securing a debt with a boat: liens and mortgages
A boat represents significant economic value and can therefore be used as collateral for debts. There are two main types of guarantee:
- The privileges These are rights granted by law to certain specific claims (crew salaries, essential repair costs, claims for assistance or salvage, certain taxes, compensation due for collision, etc.). They are often priority in the payment order, but they have the major disadvantage of being occult (unpublished) and temporary (They expire after a short period, often 6 months or 1 year).
- L'river mortgage : It's a guarantee conventionalIt is created by a written contract between the owner and a creditor (often a bank financing the purchase). It must be published at the commercial court registry to be fully effective. This publicity makes it transparent and gives it a specific ranking. The mortgage gives the creditor a preferential right (to be paid before others) and a right of pursuit (to seize the boat even if it is sold). It also carries over to the insurance indemnity in the event of a claim, which is not the case with liens.
Le classification between these different securities is complex. In general, river liens take precedence over mortgages, which in turn take precedence over common law liens (such as unpaid vendor's liens). However, there are exceptions, and in particular the Treasury's lien may take precedence over the mortgage. The legal costs of any forced sale are paid before anyone else.
Acting on the boat: seizures
When a boat owner does not pay his debts, his creditors can resort to seizure procedures:
- La precautionary seizure It allows you toimmobilise the boat to guarantee a debt that is not yet certain or due, or when it is feared that the debtor is planning not to pay. It requires the authorisation of a judge (except in special cases) and proof that the debt appears to be well-founded and that there is a risk to its recovery. It does not allow the boat to be sold, but makes it unavailable.
- La foreclosure : This is the procedure that leads to the forced sale of the boat at public auction to repay the creditors. It can only be initiated if the creditor has a enforcement order (a final judgment, a notarial deed, etc.). The procedure is highly formalised (summons to pay, seizure report, publicity, judgment fixing the sale, auction hearing) and results in the distribution of the sale price among the creditors, according to their rank, after payment of the legal costs.
The legal status of inland waterway vessels is therefore a mixture of rules derived from the law on movable property, real estate law (for publicity and mortgages) and provisions specific to inland waterway transport. Understanding the legal status of inland waterway vessels is an asset when it comes to securing transactions involving them. For both owners and creditors, knowledge of this status is crucial for drawing up contracts of sale. security interests in river vesselsThis helps to protect their interests. In addition, an appropriate legal approach can facilitate the transition of ownership and the management of transport-related contracts. In short, mastery of these rules helps to strengthen the security of river transactions.
The legal management of an inland waterway vessel raises many questions. For a personalised analysis of your case, whether it involves purchase, sale, financing or litigation, our team is at your disposal, backed up by its experience in the field. expertise in commercial law.
Frequently asked questions
What is the main difference between a river boat and a ship?
The essential difference lies in their design: the ship is built to face the perils of the sea, while the river boat is designed for navigation on inland waters (rivers, canals, lakes).
When is it compulsory to register a river boat?
Registration is compulsory for boats normally operating in France with a deadweight of more than 20 tonnes or a displacement of more than 10 m³, subject to certain conditions of nationality or residence of the owner.
What is the purpose of boat gauging?
Gauging is used to officially measure the load capacity (deadweight) and volume of water displaced (displacement) of a boat, information that is essential for safety and regulatory purposes.
Does mere possession of a boat prove ownership?
No, for a registered boat, proof of ownership is based on the certificate of registration and the entries in the register, and not simply on physical possession.
Why is it necessary to publish the sale of a boat at the court registry?
The sale must be published to make it "enforceable against third parties", i.e. to ensure that the change of ownership is recognised by everyone and to avoid the former owner remaining liable or his creditors seizing the boat.
What is a river mortgage?
This is a guarantee granted by contract by the owner of the boat to a creditor (often a bank), which must be registered with the registry to enable the creditor to be paid in preference to the sale price and to seize the boat even if it is sold.
Are liens on a boat published like a mortgage?
No, most river liens are "hidden", i.e. they are not advertised in any way, unlike mortgages, which must be registered with the registry.
What type of creditor is usually paid first on the sale price of a boat?
After deduction of the legal costs of the sale, it is generally the creditors with river liens (crew salaries, assistance, etc.) who are paid first, before the mortgage creditors.
Can a boat be seized before a final judgment has been obtained?
Yes, by means of a precautionary seizure, if you have a claim that appears to be well-founded and there is a risk that it may be recovered; this makes it possible to immobilise the boat pending a decision.
Do I still need a writ of execution to sell a seized boat?
Yes, the seizure-sale, which results in the forced sale of the boat, can only be initiated by a creditor in possession of an enforceable title (final judgment, enforceable notarial deed, etc.).
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