By Raphaël MORENON
26 July 2025
The seizure of a ship is an enforcement measure that captures the imagination, evoking the forced immobilisation of a valuable asset, a symbol of trade and travel. However, behind this image lies a complex legal reality, governed by a derogatory regime which, despite its practical importance, remains surprisingly outdated. The distinction between precautionary seizure and seizure and execution of ships is fundamental, but it is the latter, seizure and execution, that most bluntly reveals the archaisms of French maritime law. While the purpose of the procedure for the seizure and execution of ships is the forced sale of property to pay off a creditor, its legal framework, frozen in time, poses considerable challenges for both creditors and debtors. This article takes an in-depth look at the shortcomings of this system and highlights the need to modernise the enforcement procedures applicable to ships. Introduction: a derogatory but outdated legal regime...
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