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A Study On The Arrest Of Ship In Admiralty Action In Rem In England And The United States

Posted on:2007-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:P YuFull Text:PDF
GTID:2166360182478049Subject:International Law
Abstract/Summary:PDF Full Text Request
In the practice of maritime law, one of the problems the claimants are most concerned of is how to seize the property of the defendants as the pre-judgment security for claims. Ships are always of high price, which makes them always the best choice of claimants, so after a long-time practice of maritime law, arrest of ship has become the most typical and important procedure to provide pre-judgment security. In common law countries, arrest of ship is a part of the action in rem, which provides the latter a merit over the action in personam.This paper concentrates on the arrest of ship in admiralty action in rem in England and the United States, reviewing its history, nature and roles in action in rem, and analyzing the conditions for granting an arrest warrant, the problems concerning the security, re-arrest of ship, wrongful arrest and forced sale of ship. It may be found that although arrest of ship in England and the United States both derived from the admiralty law of England, after centuries they have distinguished from each other in some respects. This paper then contrasts the arrest of ship with Mareva injunction of England, maritime attachment of the United States and preservation of claims of civil law countries, reflecting that arrest of ship is quite an effective means of enforcing maritime claims, which deserves study and serves as a model for other nations.In China, arrest of ship is a means of preservation of maritime claims which is auxiliary to action in personam. The arrest of ship in our country has the characteristics both of preservation of claims of civil law countries and action in rem in common law countries. But our arrest of ship regime still has its defects. In these respects, the law ofEngland and the United States may enlighten us to resolve these problems.
Keywords/Search Tags:Arrest of Ship, Action in Rem, Action in Personam, Preservation of Claims
PDF Full Text Request
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