Arrest of ships in Germany and South Africa - a comparison

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dc.contributor.authorMayerhofer, Vincent Michaelen_ZA
dc.date.accessioned2014-07-30T18:16:07Z
dc.date.available2014-07-30T18:16:07Z
dc.date.issued2014-07-30
dc.description.abstractThe 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.en_ZA
dc.identifier.apacitationMayerhofer, V. M. (2014). <i>Arrest of ships in Germany and South Africa - a comparison</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4666en_ZA
dc.identifier.chicagocitationMayerhofer, Vincent Michael. <i>"Arrest of ships in Germany and South Africa - a comparison."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4666en_ZA
dc.identifier.citationMayerhofer, V. 2014-07-30. Arrest of ships in Germany and South Africa - a comparison. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mayerhofer, Vincent Michael AB - 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. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Arrest of ships in Germany and South Africa - a comparison TI - Arrest of ships in Germany and South Africa - a comparison UR - http://hdl.handle.net/11427/4666 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4666
dc.identifier.vancouvercitationMayerhofer VM. Arrest of ships in Germany and South Africa - a comparison. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4666en_ZA
dc.language.isoen_USen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleArrest of ships in Germany and South Africa - a comparisonen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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