Avocat_cabinet

Avocat_cabinet

ship arrest in Tunisia

ship arrest in Tunisia

Avocat Tunisie - ship arrest in Tunisia

In Tunisia, the claims subject to Tunisian Law permit the arrest of a vessel, regardless of whether the underlying debt is incurred by owner, disponent owner, operator or charterer.Under Tunisian Law anyone with authority binds the vessel in rem (in rem" actions, meaning that the action is against a thing, rather than against a person). The ship can be arrested even if the ship owner’s is not the debtor of the maritime claim. In order to have his ship released from arrest, the ship owner’s have to paye  the claim or to give a Bank guarantee issued by a Tunisian bank or else a cash deposit at the General Treasure Department of Tunisia .The ship owner's  will have to guarantee the payment of the claim, even if a third person charterer, issuer of the Bill of Lading is the debtor toward the arresting party. Generally, the vessel, itself, is responsible for payment of claims, liens, mortgages or any other maritime lien that may arise. When the owner encumbers a vessel with a First Preferred Ship's Mortgage, it is the vessel that guarantees payment, rather than the owner. However, the owner may be personally liable if they signed a personal promise or guaranty to pay .

 Ship arrest procedure under Tunisian Law