Maritime Privileges Imposed On Ships In The Maritime Domain. Transcription And Movable Publicity These Privileges

Our paper is an empirical study that analyzes the notification to the persons concerned of the precautionary measures, such as privileges/liens, which can be taken on vessels/ships, the latter being regarded as movable property. Based on legal relationships of civil law, which have the nature of the common law in this area, as well as on the fact that vessels/ships are regarded as movable property, we considered interesting to analyze the privileges /liens which may establish thereon. Once the privilege/lien has been established, it must be brought to the knowledge of any person concerned because, otherwise, any such privilege/lien cannot be enforceable to any person, generating thus disputes between parties, whether or not they are contractual partners. The main idea of our approach is represented by the legal relationship, seen, on the one hand, as a social patrimonial relationship regulated by the rule of law typical of the analyzed field, and, on the other hand, as a real legal relationship, as it regards a specific category of goods, namely, the movable property. Under the incidence of the old Civil Code (1864), the pledge with or without dispossession was established on movable goods. The mortgage was specific to immovable property. The new Civil Code (2009) comes with a legislative amendment allowing the establishment of several types of privileges/liens over movable property, including mortgages. As previously mentioned, after taking the measures that establish the liens on property, these formalities should be brought to the knowledge of the persons concerned in order to ensure the legal balance at social level.