The maritime world, with its specificity and particularism, has developed a set of original rules concerning receivables and the security interests attached to them. These legal mechanisms reflect the necessity of adapting the law to the constraints of ship operation.

I. The Concept of Maritime Receivables

International Definition

The Brussels Convention of 10 May 1952 on the Arrest of Sea-Going Ships defines a maritime claim as « the allegation of a right or claim having one of the causes » listed in the text. This definition remains central in international maritime law.

This definition forms part of a logic of unification of maritime law at the international level.

Exhaustive or Merely Indicative List

The Brussels Convention provides an enumeration of maritime claims, classified from letter (a) to letter (q). This list covers 17 types of claims, from « damage caused by any ship » to « maritime mortgages and any mortgage or pledge (hypothèques maritimes et tout mort-gage) ».

French courts have generally considered this list to be exhaustive. A claim not falling within this list cannot be characterised as « maritime » within the meaning of the Convention.

Evolution of the Concept

The concept has evolved with the new Geneva Convention of 12 March 1999, which broadens the list of maritime claims. It now includes claims relating to salvage operations aimed at environmental protection, as well as insurance premiums.

This evolution demonstrates the adaptation of maritime law to environmental concerns and the growing complexity of maritime trade.

II. Types of Maritime Receivables

Claims Related to Ship Operation

These claims principally concern:

  • Port charges and pilotage fees
  • Repairs and supplies necessary for operation
  • Towage
  • Disbursements made by the master for the needs of the ship
  • Bottomry loans (prets a la grosse)

These claims relate to the operational aspect of the ship. Take the example of port charges: these sums, owed to port authorities, provide access to essential infrastructure for loading and unloading.

Claims Related to Cargo

These include:

  • Loss of or damage to goods carried
  • General average contributions
  • Losses arising from charterparty contracts

General average (avaries communes) constitutes an original concept in maritime law. It involves a voluntary sacrifice of part of the cargo to save the maritime venture.

Claims Related to the Crew

These claims include:

  • Wages of the master and crew
  • Repatriation costs
  • Compensation due in the event of workplace accidents

The French Court of Cassation (Cour de cassation) recently adopted a broad interpretation of the concept of « crew wages. » In a ruling of 13 September 2023, it held that this concept included various allowances linked to the employment contract and its termination.

Contractual and Tortious Claims

Maritime claims may arise from:

  • Contracts (charterparty, carriage, insurance)
  • Torts (collision, pollution)
  • Salvage and rescue
  • Ownership or possession of the ship

Certain claims, such as those arising from a collision, benefit from a particular regime, both in terms of limitation periods and the privileges attached to them.

III. Maritime Privileges

Definition and Characteristics

A maritime privilege (privilege maritime) is a preferential right attached to certain maritime claims. It enables the creditor to take priority over other creditors in the distribution of the proceeds of sale of the ship.

These privileges constitute true statutory preferential mortgages, comparable in general law to the vendor’s privilege over immovable property.

Legal Sources

Under French law, maritime privileges are governed by:

  • The Transport Code (Code des transports), Articles L. 5114-8 et seq.
  • Law No. 67-5 of 3 January 1967 (partially codified)

At the international level:

  • The Brussels Convention of 10 April 1926 on Maritime Liens and Mortgages
  • The Geneva Convention of 6 May 1993 (not yet in force in France)

Secret Character and Right of Pursuit

Maritime privileges have two essential characteristics:

  1. They are secret (occultes), meaning they are not subject to any publicity or registration
  2. They confer a right of pursuit (droit de suite), enabling the creditor to arrest the ship in whosever hands it may be

The secret character of maritime privileges distinguishes them from maritime mortgages (hypothèques maritimes), which must be registered to be enforceable against third parties.

IV. Classification of Privileges

First-Ranking Privileges (International)

These privileges, recognised by the Brussels Convention of 1926, include:

  1. Court costs
  2. Tonnage dues and other taxes
  3. Crew wages
  4. Salvage and assistance costs
  5. Compensation for collision, personal injury and cargo damage

These international privileges take priority over all other rights, including maritime mortgages.

Second-Ranking Privileges (National)

These privileges are specific to each national legislation. Under French law, they include in particular general law privileges such as the vendor of movables or the pledgee.

These national privileges rank only after mortgages.

Order of Priority Among Privileges

International privileges are ranked in the order in which they are listed in the relevant texts.

For claims arising from the same voyage, they are paid in their order of listing.

For claims of the same category, they rank pari passu and are paid pro rata (au marc l’euro).

The « last voyage » rule gives claims from the most recent voyage preference over those from previous voyages, providing an incentive for creditors to act promptly.

Competition with Mortgages

In the hierarchy of preferential rights:

  1. International maritime privileges
  2. Maritime mortgages
  3. National privileges
  4. Unsecured claims (creances chirographaires)

This hierarchy is universally recognised in States that have ratified the 1926 Convention.

V. Assets Subject to the Privilege

The Ship

The privilege attaches to the hull of the ship, including the hull structure, engines and all elements necessary for navigation.

Case law has clarified that bunkers (fuel) form part of the assets subject to the privilege, being considered an element of the ship.

Freight

The freight from the voyage during which the privileged claim arose forms part of the assets subject to the privilege.

The privilege may be exercised as long as the freight is still owed or its amount remains in the hands of the master or the owner’s agent.

Accessories

The following are considered accessories:

  • Rigging and tackle
  • Victuals
  • Fuel
  • All items serving the operation of the ship

The accessories subject to the privilege must belong to the same owner as the ship.

Substitute Claims (Insurance, Compensation)

Article L. 5114-10 of the Transport Code includes within the scope of the privilege:

  • Compensation owed to the owner for material damage to the ship
  • Hull insurance indemnities
  • General average indemnities
  • Salvage and assistance remuneration

Insurance indemnity is excluded from the scope of the privileges and reserved for mortgage creditors, generally through an assignment of insurance.

VI. Extinction of Privileges

Time Limits (One Year or Six Months)

Privileges are extinguished upon expiry of a one-year period.

This period is reduced to six months for claims arising from contracts entered into or operations carried out by the master outside the home port (« master’s disbursements »).

Judicial Sale

The judicial sale of the ship extinguishes all privileges encumbering it.

This automatic purge results from the guarantees surrounding the judicial sale procedure, particularly the notice given to creditors.

Other Causes of Extinction

Privileges are also extinguished:

  • By extinction of the principal claim
  • By confiscation of the ship
  • By voluntary sale, two months after publication

A ship that becomes a wreck loses its status as a ship and, consequently, the privileges encumbering it are extinguished.

Protection of Creditors

In the event of a voluntary sale, privileged creditors retain their right for two months after publication of the transfer deed.

During this period, they may file an objection with the purchaser to obtain payment from the sale price.

Case law has clarified that the one-year period is not a peremptory time limit but a limitation period, capable of being interrupted by the voluntary intervention of the creditor in sale proceedings.

The system of maritime privileges aims to protect certain categories of creditors, while allowing normal operation of the ship – an essential asset for maritime trade.

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