As one of the necessary conditions for arresting a ship, "the applicant has a maritime claim" is undoubtedly the most important and widely recognized. Because according to the provisions of international conventions and the laws on arrest of ships, the only basis for arrest of ships before litigation is maritime claims, and the reason for arrest of ships before litigation is maritime claims.
The so-called maritime claim, in a broad sense, refers to the request based on the transportation relationship or ship relationship adjusted by maritime law, and in a narrow sense, refers to the maritime claim that can arrest the ship. The so-called maritime claim refers to the claim related to or arising from the construction, sale, lease, operation, operation and assistance of maritime ships and the ownership, possession, mortgage and priority of ships.
There are great differences and disputes between civil law system and common law system about which maritime claims can be used as reasons for arresting ships. Most civil law countries believe that the claimant can arrest any of his ships because of any request made to the shipowner. The most typical representative is Greece, whose Maritime Code stipulates that ships can be arrested on the basis of any maritime claim and other requests. On the other hand, some scholars in the Anglo-American legal system believe that ships can only be arrested on the basis of specific maritime claims against them. For example, there are 18 specific maritime requests in the British judicial administrative law to allow the arrest of ships.
In order to unify the legal issues of arrest of ships internationally, at the 9th Diplomatic Conference on the Law of the Sea held in Brussels in May 1952, CMI signed the International Convention on Arrest of Maritime Ships (1952). To the arrest of seagoing vessels 1952, hereinafter referred to as the Convention on Arrest of Ships 1952), Article 1 of the Convention explicitly limits maritime claims to the following 17 specific maritime claims:
(1) Damage caused by ship collision or other conditions;
(2) Personal injury or death caused by any ship or maneuvering any ship;
(3) Salvage at sea;
(4) An agreement on the use or lease of any ship, whether in the form of a charter party or in other forms;
(5) Agreement on the carriage of goods by ship, whether in the form of charter party or in other forms;
(6) Loss of or damage to the goods, including luggage, carried by the ship;
(7) General average;
(8) Ship mortgage loan;
(9) Towing;
(10) pilotage;
(1 1) Providing articles or materials needed for ship operation or daily maintenance anywhere;
(12) Costs and expenses for the construction, repair, equipment or wharf of any ship;
(13) wages of the captain, officers or ratings;
(14) The fees paid by the master include those paid by the shipper, charterer or agent on behalf of the ship or its owner;
(15) disputes over ship rights and ownership; (16) Disputes between the co-owners of any ship about the ownership, possession, operation or income of the ship;
(17) Ship mortgage or pledge.
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