By Raphaël MORENON
18 March 2025
I. 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 the maritime world, this procedure plays a central role. Ships are constantly on the move between jurisdictions. This mobility complicates debt collection. Without a means of rapid immobilisation, creditors would lose any chance of obtaining payment. Attachment is different from execution. It does not seek to sell the vessel but to put pressure on the debtor. The former immobilises the vessel, while the latter transfers ownership. In practice, precautionary attachment is common, while execution is rare. II. International legal system The Brussels Convention of 10 May 1952 is the fundamental text on protective attachment. It provides...
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