By Raphaël MORENON
18 March 2025
The seizure of a ship 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. Distinct legal bases Texts applicable to each type of attachment There are two legal bases for the precautionary attachment of ships. It is governed both by domestic law (articles L. 5114-22 et seq. of the French Transport Code) and by the Brussels Convention of 10 May 1952 for the Unification of Certain Rules concerning the Precautionary Attachment of Sea-going Ships. Seizure and execution, on the other hand, is regulated exclusively by domestic law. It is based on articles L. 5114-23 to L. 5114-29 and R. 5114-20 to R. 5114-46 of the Transport Code, supplemented by the Code of Civil Enforcement Procedures....
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