The Ship Arrest Concept



A similar is done targeting, for example, the intended cargo and payment of a debts, such as serious intrusion of the right of many (payment of promises, credit guarantees, sale for the ship, among others), market implications, such as trouble them with the Ship-owners, charter contracts, weight receptors, their insurers, the ship that has no profits because of not being chartered, which brings about conflict under the deal of affreightment, the Ship-owners liquidity problems that can cause problems with the mortgage and unpaid staff.

The consequences of the seizure are numerous.

Relatively to the general procedure of seizure, an action is brought against the mail itself, as it alone is endowed with legal personality (arrest in rem - action up against the thing). Even so, the execution is usually limited, unless it be written against "sistership" (against a sister ship), concern to be analyzed later.

Usually, arrests of cruises or "sisterships" occurs only if the owner is in charge of a maritime promise or the claim is related to the mail or shipping company. The risk is to bear "wrongful arrest", to be obtained negligently, maliciously or without cause.

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