Laivo arešto ir jūrinių reikalavimų reglamentavimas tarptautinėje ir Lietuvos teisėje

Abstract

This master’s final thesis is purposive to analyze regulation of the arrest of the ships and maritime claims in Lithuanian and international law. There are discussed about regulation of the arrest of the ships and maritime claims in international and national laws, this work also trying to suvey the arrest of the ships singularities in law systems of great maritimes countries. By examining different legislations such as national legislation or international conventions are uncovered different nuances of regulation of the arrest of the ships and maritime claims. After research concluded in the master’s final thesis it’s clear that in great maritime countries arrest in rem is not permitted in respect of Crown ships or a ship belonging to a foreign State, unless it was in use or intended for use for commercial purpose. In contrast, however, to common law countries such as England, Canada, civil law countries continued to permit the seizure not only of the offending ship, but also of other property of the defendant, including other ships owned by him. This procedure when exercised before judgment in the civil law, is know as the “saise conservatoire”. It is also known that wrongful arrest in rem and wrongful maritime attachment in civilian jurisdictions ant other abuses may be divided into two categories – erroneous and malicious. The master’s final thesis consists of introduction, six chapters, conclusion, the summary in Lithuanian and English languages and the list of literature. The extent of the master’s final thesis is 51 pages.