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Arrest of ships in Germany and South Africa - a comparison
The well-known German legal author H-J Puttfarken prefaces his remarks on the arrest of a vessel with the striking sentence "The arrest of a vessel is just as much a part of seafaring as distress, pirates and congested ports". Even if this comparison is doubtful since in opposition to an arrest, "di...
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| Format: | Thesis |
| Language: | en_US |
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Department of Commercial Law
2014
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| _version_ | 1867613166344601601 |
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| access_status_str | Open Access |
| author | Mayerhofer, Vincent Michael |
| author_browse | Mayerhofer, Vincent Michael |
| author_facet | Mayerhofer, Vincent Michael |
| author_sort | Mayerhofer, Vincent Michael |
| collection | Thesis |
| description | The well-known German legal author H-J Puttfarken prefaces his remarks on the arrest of a vessel with the striking sentence "The arrest of a vessel is just as much a part of seafaring as distress, pirates and congested ports". Even if this comparison is doubtful since in opposition to an arrest, "distress, pirates and congested ports" are no legal institutes that are regulated by procedural rules. But the sentence shows the popularity of the maritime arrest, at least in the view of many ship owners, charters, etc. On the other hand the arrest of a vessel has now for ages often been the only possibility for debtors to realize a claim against ship owners, charterers, etc. The vessel, typically registered in some obscure legislation and cruising around in the world sea-lanes often constitutes the only valuable asset of a company, which itself is registered in some sunny island-state. This and much more makes the arrest of vessel so import for the world shipping business. This thesis aims on a comparison of two completely different legal systems one a mixture of different legal traditions and one a classical civil law jurisdiction. The thesis takes a practical approach to show differences and similarities that are relevant for the praxis. Thus the thesis does not focus a lot on the historical background, but rather shows the law and procedures how they are now. On some points which are supposed to be important, the thesis will go into details, but not on all points. Besides the two legal systems the thesis will also present some important points of the relevant international conventions since they have becomevery import in world shipping. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4666 |
| institution | University of Cape Town (South Africa) |
| language | en_US |
| last_indexed | 2026-06-10T12:31:48.735Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4666 Arrest of ships in Germany and South Africa - a comparison Mayerhofer, Vincent Michael The well-known German legal author H-J Puttfarken prefaces his remarks on the arrest of a vessel with the striking sentence "The arrest of a vessel is just as much a part of seafaring as distress, pirates and congested ports". Even if this comparison is doubtful since in opposition to an arrest, "distress, pirates and congested ports" are no legal institutes that are regulated by procedural rules. But the sentence shows the popularity of the maritime arrest, at least in the view of many ship owners, charters, etc. On the other hand the arrest of a vessel has now for ages often been the only possibility for debtors to realize a claim against ship owners, charterers, etc. The vessel, typically registered in some obscure legislation and cruising around in the world sea-lanes often constitutes the only valuable asset of a company, which itself is registered in some sunny island-state. This and much more makes the arrest of vessel so import for the world shipping business. This thesis aims on a comparison of two completely different legal systems one a mixture of different legal traditions and one a classical civil law jurisdiction. The thesis takes a practical approach to show differences and similarities that are relevant for the praxis. Thus the thesis does not focus a lot on the historical background, but rather shows the law and procedures how they are now. On some points which are supposed to be important, the thesis will go into details, but not on all points. Besides the two legal systems the thesis will also present some important points of the relevant international conventions since they have becomevery import in world shipping. 2014-07-30T18:16:07Z 2014-07-30T18:16:07Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4666 en_US application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Mayerhofer, Vincent Michael Arrest of ships in Germany and South Africa - a comparison |
| thesis_degree_str | Master's |
| title | Arrest of ships in Germany and South Africa - a comparison |
| title_full | Arrest of ships in Germany and South Africa - a comparison |
| title_fullStr | Arrest of ships in Germany and South Africa - a comparison |
| title_full_unstemmed | Arrest of ships in Germany and South Africa - a comparison |
| title_short | Arrest of ships in Germany and South Africa - a comparison |
| title_sort | arrest of ships in germany and south africa a comparison |
| url | http://hdl.handle.net/11427/4666 |
| work_keys_str_mv | AT mayerhofervincentmichael arrestofshipsingermanyandsouthafricaacomparison |