International Convention relating to the arrest of seagoing ships
Article 3
Geldend
Geldend vanaf 24-02-1956
- Bronpublicatie:
10-05-1952, Trb. 1981, 165 (uitgifte: 27-07-1981, kamerstukken/regelingnummer: -)
- Inwerkingtreding
24-02-1956
- Bronpublicatie inwerkingtreding:
10-05-1952, Trb. 1981, 165 (uitgifte: 27-07-1981, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Burgerlijk procesrecht / Beslag en executie
Internationaal privaatrecht / Bijzondere onderwerpen
(1)
Subject to the provisions of paragraph 4 of this Article and of Article 10, a claimant may arrest either the particular ship in respect of which the maritime claim arose, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship, even though the ship arrested be ready to sail; but no ship, other than the particular ship in respect of which the claim arose, may be arrested in respect of any of the maritime claims enumerated in Article 1, 1), o), p) or q).
(2)
Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.
(3)
A ship shall not be arrested, nor shall bail or other security be given more than once in any one or more of the jurisdictions of any of the Contracting States in respect of the same maritime claim by the same claimant: and, if a ship has been arrested in any one of such jurisdictions, or bail or other security has been given in such jurisdiction either to release the ship or to avoid a threatened arrest, any subsequent arrest of the ship or of any ship in the same ownership by the same claimant for the same maritime claim shall be set aside, and the ship released by the Court or other appropriate judicial authority of that State, unless the claimant can satisfy the Court or other appropriate judicial authority that the bail or other security had been finally released before the subsequent arrest or that there is other good cause for maintaining that arrest.
(4)
When in the case of a charter by demise of a ship the charterer and not the registered owner is liable in respect of a maritime claim relating to that ship, the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, subject to the provisions of this Convention, but no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claims.
The provisions of this paragraph shall apply to any case in which a person other than the registered owner of a ship is liable in respect of a maritime claim relating to that ship.