Seizure of a vessel
Seizure of bunkers: procedure and issues for ships and aircraft
By Raphaël MORENON15 July 2025The seizure of bunkers, i.e. the fuel needed to propel a ship or aircraft, is a particularly formidable enforcement measure for a debtor. Seemingly simple, this procedure in fact immobilises a valuable asset and paralyses a commercial operation. It raises complex legal issues, at the crossroads of ordinary seizure law and the very specific regimes of transport law. Understanding its mechanisms is therefore essential both for creditors seeking to recover their debt and for shipowners or airlines wishing to defend themselves against it. The assistance of a lawyer who is an expert in enforcement procedures is often decisive in navigating this technical area. Introduction to the seizure of bunkers and its legal particularities Definition of bunkers and their economic importance Bunkers refer to the fuel reserves (fuel oil, paraffin) stored on board a ship or aircraft to ensure its operation and movement. On the...
Arrest of ships: procedure, release and responsibilities
Law of guarantees, securities and enforcement measures, Seizure of shipsWhen a creditor seeks to recover its debt from a shipowner or operator, the immobilisation of the vessel by means of a protective attachment is a formidable weapon. This measure, although temporary, paralyses the commercial operation of the asset, creating a strong incentive to pay. However, its implementation is subject to a number of restrictions...Arrest of a vessel: the seizability of the vessel and ownership issues
Law of guarantees, securities and enforcement measures, Seizure of shipsThe precautionary seizure of a vessel is a formidable procedure for any creditor seeking to recover a debt. It makes it possible to immobilise a valuable asset, often the debtor's main working tool. However, the procedure is fraught with pitfalls, particularly when the issue of ownership of the vessel is at stake...Seizure of a vessel: the conditions of the claim and its maritime nature
Law of guarantees, securities and enforcement measures, Seizure of shipsThe detention of a vessel by means of a protective attachment is one of the most effective weapons available to a creditor. By nailing a ship to the quayside, the economic activity of its operator is paralysed, creating a powerful lever for obtaining payment of a debt. However, this procedure is extremely complex...Arrest of ships: the 1952 Brussels Convention and applicable law
Law of guarantees, securities and enforcement measures, Seizure of shipsThe precautionary seizure of a vessel is a formidable procedure for creditors seeking to secure their claim. It results in the immobilisation of a valuable asset, often at the heart of the owner's economic activity. However, the international nature of maritime transport creates unique legal complexities. Determining the right...Sale by auction of ships: joint ownership and joint tenancy system
Law of guarantees, securities and enforcement measures, Seizure of shipsOwnership of a vessel is not always the prerogative of a single person or entity. Whether by inheritance, joint purchase or operating arrangement, several people may find themselves co-owners of the same vessel. If this situation is not properly regulated, it can lead to deadlock, particularly when one or more of the parties involved is...Seizure of boats: procedure, conditions and special features
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a boat, although less publicised than that of ships, is subject to an equally complex legal regime, a source of many questions for creditors and owners. Contrary to popular belief, the applicable rules are not simply a variation on those of maritime law. The...Release of seizure - Conditions, guarantees
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world has its own rules. When a ship is immobilised by a preventive seizure, an entire economic equilibrium is turned upside down. Downtime is expensive. The shipowner loses money. The goods do not arrive at their destination. Release then becomes a crucial issue for the shipowner. It represents...The system of maritime mortgages
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime mortgage is an essential guarantee for the maritime business. It enables shipowners to obtain financing for the acquisition or construction of ships. Let's find out more about this special legal mechanism. I. Presentation of the maritime mortgage Definition and legal nature The maritime mortgage is a security interest in a vessel without dispossession...Maritime credit: a financing system dedicated to the blue economy
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Presentation of maritime credit Definition and objectives Maritime credit is a specialised financing mechanism designed to support activities related to the sea. It is aimed primarily at fishermen, shellfish farmers and those involved in marine farming. Its purpose? To facilitate the acquisition of vessels, modernise fishing fleets...The effects of seizure on the vessel and crew
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a vessel has far-reaching consequences for the vessel and its crew. Behind the apparent simplicity of this procedure lie considerable legal, economic and human implications. I. Immediate effects on the vessel Physical detention The seized vessel is detained in port. It cannot be...Maritime claims - Definition, types, maritime liens
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world, with its specificity and particularity, has developed a set of original rules concerning claims and related guarantees. These legal mechanisms reflect the need to adapt the law to the constraints of ship operations. I. The concept of a maritime claim International definition The...Seizable and unseizable vessels
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world is home to a number of legal peculiarities that are little known to the general public. The ship, a mobile object par excellence, is subject to a specific regime when it comes to seizure. Between maritime law, international law and enforcement procedures, the rules are not lacking in complexity. I. Legal definition of a ship Criteria for...Attachment of ships and execution: two procedures with different legal regimes
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a vessel is a privileged tool for maritime creditors. Far from being monolithic, there are two distinct procedures: precautionary attachment and enforcement attachment. Although these two mechanisms are both aimed at immobilising a vessel, their rationale, conditions and effects are radically different. I....Attachment of ships: procedure, conditions, effects
Law of guarantees, securities and enforcement measures, Seizure of shipsIn maritime law, seizure remains a measure feared by shipowners. Unlike precautionary attachment, which simply detains the vessel, execution leads to its forced sale. A complex and rigid process, it pits determined creditors against shipowners in financial difficulty. I. The concept of...Preventive seizure of ships
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Introduction to the precautionary arrest of ships The precautionary arrest of ships is a procedure that allows a ship to be temporarily detained in port. It is a preventive measure, not a definitive sanction. Its purpose is to guarantee payment of a debt by preventing the debtor from removing his pledge. In...Seizing a vessel: understanding the procedure
Law of guarantees, securities and enforcement measures, Seizure of shipsFind out how ship arrest allows creditors to block or sell a ship to recover their debts, within a national and international legal framework.
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