International Convention relating to the arrest of seagoing ships
Article 8
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)
The provisions of this Convention shall apply to any vessel flying the flag of a Contracting State in the jurisdiction of any Contracting State.
(2)
A ship flying the flag of a non-Contracting State may be arrested in the jurisdiction of any Contracting State in respect of any of the maritime claims enumerated in Article 1 or of any other claim for which the law of the Contracting State permits arrest.
(3)
Nevertheless any Contracting State shall be entitled wholly or partly to exclude from the benefits of this Convention any Government of a non-Contracting State or any person who has not, at the time of the arrest, his habitual residence or principal place of business in one of the Contracting States.
(4)
Nothing in this Convention shall modify or affect the rules of law in force in the respective Contracting States relating to the arrest of any ship within the jurisdiction of the State of her flag by a person who has his habitual residence or principal place of business in that State.
(5)
When a maritime claim is asserted by a third party other than the original claimant, whether by subrogation, assignment or otherwise, such third party shall, for the purpose of this Convention, be deemed to have the same habitual residence or principal place of business as the original claimant.