The Provisions of the Provisional Attachment Imposed on the Vessel According to the Jordanian Law: An Analytical Comparative Study

Khalid Al-Samamah, Anis Al-Mansour

Abstract


This paper discusses the law of the provisional attachment imposed on vessels by legislators, who laid down special provisions to be imposed on the vessels in the Jordanian Marine Law, whilst leaving the matter to the general rules of the Civil Procedures Law. By this, they ruled in opposition to several legislations which took into account the special nature of the vessels, and legislated special provisions for provisionally attached vessels. This study points to the nature of the vessels which may be subject to provisional attachment, in addition to shedding light on the conditions that should be satisfied in order to provisionally attach them as well as the special measures set for the attachment, starting from identifying the competent parties to impose the attachment up to its implementation and the cases in which such attachment should be lifted. The study has concluded that the general provisions set for the provisional attachment cannot be adequately applied to the vessels due their special nature. Finally, the study recommends that the Jordanian legislator takes steps to legislate special regulations related to the provisional attachment to be imposed on the vessels, similar to other legislations which ruled accordingly.

 


Keywords


Provisional Attachment, Vessel, Jordanian Maritime Law, Legislator.

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DOI: http://dx.doi.org/10.24200/jass.vol7iss2pp315-335

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Copyright (c) 2017 Khalid Al-Samamah, Anis Al-Mansour

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