By Raphaël MORENON
18 March 2025
In 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 the seizure and sale of ships Definition and objectives The seizure and sale of ships enables a creditor to sell his debtor's ship at public auction. Its purpose is to recover an unpaid debt by realising the property. The vessel becomes the instrument of payment. This procedure is regulated by the Transport Code (articles L. 5114-23 et seq.) and the Code of Civil Enforcement Procedures. Place in maritime enforcement procedures Attachment is one of the means of forced execution in maritime matters. Professor Rodière described it as "an extreme measure, as rare as protective attachment is commonplace". It is...
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