By Raphaël MORENON
15 July 2025
The 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 highly complex, as it lies at the crossroads of national law and international conventions. Depending on whether the ship flies the flag of a State party to the 1952 Brussels Convention or not, the conditions for justifying the seizure differ radically. The success of such an approach depends entirely on the creditor's ability to base his action on the correct legal classification of his claim: is it a 'maritime claim' in the strict sense of the Convention, or a 'claim appearing to be founded in principle' in the more flexible terms of French law? This technical article is an extension of our comprehensive guide to...
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