The nature of a provisional arrest of a vessel.

Summary A protective attachment allows a creditor to preserve the debtor's assets but also to force him to pay. Thus, when the vessel is detained in port, the shipowner loses the use of his production tool. The arrest is a serious act and is governed by international provisions (Brussels Convention of 1952, international convention of 1999, not yet in force) and national provisions (law of January 3rd 1967). The particular nature of the vessel makes it necessary to determine the seizable assets: related vessels (simple ship cie) and vessels to which the claim relates action in rem). The seizure of the vessel must always be judicially authorized. The authorization is not an ordinary decision: it is non-adversarial and provisional and the judge does not rule on the rights of the parties. He bases himself on a principle or an allegation of a claim. The judgment is not intended to circulate internationally.