Key Benefits:
Original text
(State on 13 May 2012)
Mortgages, overburden, certificates on ships, regularly established according to the laws of the Contracting State to which the ship is a national and entered in a public register, either by the port of registration or by a central office, Shall be considered valid and respected in all other contracting countries.
Are privileged on the ship, on the cargo of the voyage during which the preferred debt was born and on the accessories of the ship and of the freight acquired since the beginning of the voyage:
Mortgages, overpayments, on vessels provided for in Art. L, shall take precedence immediately after the preferential claims referred to in the preceding Article.
National laws may grant a lien to other claims than those provided for in that article, but without changing the ranking of secured claims by mortgage, overburden and guarantees and privileges.
The vessel and cargo accessories referred to in s. 2 Agree:
The price of the crossing and, if any, the amounts owing under s. 4 of the Convention of 10 October 1957 restricting the liability of shipowners 1 Are treated as freight.
The compensation payable to the owner under an insurance contract shall not be regarded as accessories for the ship or freight, nor shall any national subsidies, subsidies or other subsidies.
By way of derogation from art. 2, para. 1, the privilege provided for the benefit of persons in the service of the ship relates to all the stops due for all journeys made during the course of the same commitment contract.
1 RS 0.747.331.52
Claims relating to the same travel are preferred in the order in which they are stored in s. 2. The claims included in each of the numbers come to the competition and to the marc the franc in case of insufficient price.
The claims referred to in Bone 3 and 5, in each of these categories, shall preferably be reimbursed in the reverse order of the dates on which they were born.
Claims relating to the same event are deemed to have arisen at the same time.
The preferred claims of the last trip are preferred to those of previous trips.
However, the claims resulting from a single contract of engagement covering several voyages all come in the same rank with the claims of the last voyage.
With a view to the distribution of the sale price of the objects affected by the privilege, privileged creditors have the right to produce for the full amount of their claims, without deducting the head of the rules on the limitation, but without the Dividends their return may exceed the amount due under those rules.
The preferential claims follow the ship in any hand that it passes.
The privileges shall be extinguished, apart from the obstacles provided for by national laws, at the expiration of the one-year period, without, for the claims of supplies, referred to in n O 5 of the art. 2, the time limit may exceed six months.
The short period for privileges guaranteeing the remuneration of assistance and rescue, from the day on which the operations are completed; for the privilege guaranteeing collision and other accidents and for bodily injury, of the The day on which the damage was caused; for the privilege, for the loss or damage of cargo or baggage, of the day on which the cargo or baggage was issued or the date on which it was due to be issued; for repairs and supplies Or other cases referred to in n O 5 of the art. 2, from the date of birth of the claim. In all other cases, the amount of time is short from the due date of the claim.
The ability to apply for advances or advances shall not result in the claims of persons engaged on board, referred to in n O 2 of the art. 2.
Among the cases of extinction provided for by national laws, the sale shall extinguish privileges only if it is accompanied by publicity formalities determined by national laws. Such formalities shall be given notice in the form and time limits provided for in those laws to the administration responsible for the keeping of the registers provided for in Art. 1 of this Agreement.
The causes of the interruption of such periods shall be determined by the law of the court seised.
The High Contracting Parties reserve the right to admit in their legislation, as an extension of the above deadline, the fact that the encumbered vessel could not be seized in the territorial waters of the State in which the applicant has his domicile Or its principal place of business, but this period may not exceed three years since the birth of the debt.
The cargo privilege can be exercised as long as the freight is still due or the amount of freight is still in the hands of the master or the owner's agent. The same applies to the privilege on the accessories.
Except as provided for in this Agreement, the privileges set out in the foregoing provisions shall not be subject to any formality or special conditions of evidence.
This provision shall not affect the right of each State to maintain in its legislation provisions requiring the master to carry out special formalities, either for certain borrowings on the ship or for the sale of the Cargo.
National laws shall determine the nature and form of the documents on board the ship on which mention must be made of the mortgages, stills and guarantees provided for in Art. 1: without, however, the creditor who has required such mention in the prescribed forms may be liable for omissions, errors or delays in the recording of such documents.
The foregoing provisions shall apply to ships operated by a non-owner ship owner or by a principal charterer, except where the owner has been divested by an unlawful act and when, in addition, the creditor is not Good faith.
The provisions of this Convention shall be applied in each Contracting State when the encumbered ship is a national of a Contracting State, as well as in other cases provided for by national laws.
However, the principle laid down in the preceding paragraph shall not affect the right of Contracting States not to apply the provisions of this Convention in favour of nationals of a non-Contracting State.
This Convention shall be without application to warships and State ships exclusively assigned to a public service.
Nothing in the foregoing provisions affects the jurisdiction of the courts, the procedure and the enforcement of national laws.
After the expiry of the two-year period not later than from the date of signature of the Convention, the Belgian Government shall enter into contact with the governments of the High Contracting Parties which have declared themselves ready to ratify it, to the effect that To make a decision as to whether it should be brought into force. The ratifications will be deposited in Brussels on the date which will be determined by common accord between the said governments. The first deposit of ratifications will be recorded by a record signed by the representatives of the states which will take part in it and by the Minister for Foreign Affairs of Belgium.
Subsequent filings shall be made by means of a written notification addressed to the Belgian Government and accompanied by the instrument of ratification.
A certified copy of the minutes relating to the first deposit of ratifications of the notifications referred to in the preceding paragraph, as well as the instruments of ratification which accompany them shall be immediately, by the care of the Belgian Government And through diplomatic channels, given to those States which have signed or acceded to this Convention. In the cases referred to in the preceding paragraph, the said Government shall, at the same time, make known the date on which it received the notification.
Non-signatory States may accede to this Convention, whether or not they have been represented at the international conference in Brussels.
The State wishing to accede shall notify the Belgian Government in writing by sending it the Act of Accession, which shall be deposited in the archives of the said Government.
The Belgian Government shall immediately forward to all signatory or acceding States certified copies of the notification and the act of accession, indicating the date on which it received the notification.
The High Contracting Parties may, at the time of signature, the deposit of ratifications or upon accession, declare that the acceptance that they give to this Convention does not apply either to some or none of the dominions Stand-alone, colonies, possessions, protectorates or overseas territories under their sovereignty or authority. Consequently, they may subsequently accede separately on behalf of any of these autonomous dominions, colonies, possessions, protectorates or overseas territories, thus excluded in their original declaration. They may also, by complying with these provisions, denounce this Convention separately for one or more of the autonomous dominions, colonies, possessions, protectorates or overseas territories under their sovereignty or Authority.
In respect of the States which have participated in the first deposit of ratifications, this Convention shall have effect one year after the date of the record of that deposit. States which subsequently ratify or accede to it, as well as in the case where the implementation is to be carried out at a later stage and in accordance with art. 19, it will have effect six months after the notifications under s. 17, para. 2, and art. 18, para. 2, will have been received by the Belgian Government.
If one of the Contracting States wished to denounce this Convention, the denunciation shall be notified in writing to the Belgian Government, which shall immediately communicate a certified copy of the notification to all other States, in their Indicating the date on which it was received.
The denunciation shall have effect in respect of the State alone, which will have notified it and one year after the notification has been received by the Belgian Government.
Each Contracting State shall have the option of provoing the meeting of a new conference in order to seek the improvements which could be made to this Convention.
Those States which would make use of this option would have to notify one year in advance of its intention to the other States, through the Belgian Government, which would convene the conference.
By signing the International Convention for the Unification of Certain Rules on Maritime Privileges and Mortgages, the undersigned Plenipotentiaries have adopted this Protocol, which shall have the same force and the same If its provisions were inserted in the text of the Convention to which it relates:
I. It is understood that the legislation of each State remains free:
II. The provisions of the national laws of the Contracting States which grant a privilege to public insurance institutions for claims arising out of the insurance of the personnel of ships shall not be infringed.
Done at Brussels, in one copy, on April 10, 1926.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
Algeria |
13 April |
1964 A |
13 October |
1964 |
Argentina |
19 April |
1961 A |
19 October |
1961 |
Belgium * |
2 June |
1930 |
2 June |
1931 |
Brazil |
28 April |
1931 |
28 October |
1931 |
Congo, Kinshasa |
17 July |
1967 A |
17 January |
1968 |
Cuba |
21 November |
1983 A |
21 May |
1984 |
France |
August 23 |
1935 |
23 February |
1936 |
Haiti |
19 March |
1965 A |
19 September |
1965 |
Hungary |
2 June |
1930 |
2 June |
1931 |
Iran |
8 September |
1966 A |
8 March |
1967 |
Italy * |
7 December |
1949 |
7 July |
1950 |
Lebanon |
18 March |
1969 A |
18 September |
1969 |
Luxembourg |
18 February |
1991 A |
August 18 |
1991 |
Madagascar |
July 13 |
1965 S |
26 June |
1960 |
Monaco |
15 May |
1931 A |
15 November |
1931 |
Poland |
26 October |
1936 |
April 26 |
1937 |
Romania |
August 4 |
1937 |
4 February |
1938 |
Switzerland |
28 May |
1954 A |
28 November |
1954 |
Syria |
February 14 |
1951 A |
August 14 |
1951 |
Turkey |
4 July |
1955 A |
4 January |
1956 |
Uruguay |
September 15 |
1970 A |
15 March |
1971 |
* |
Reservations and declarations, see below. |
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Belgium
Upon ratification, Belgium declared in accordance with the provisions of Art. 19 of the Convention that ratification is valid only for Belgium, excluding the Belgian Congo and the Ruanda-Urundi, territories under mandate.
Italy
The Italian State reserves the right not to bring its domestic law into conformity with the Convention on points where this right currently establishes:
1 Ch. 1 of the AF of March 17, 1954 (RO 1954 767)
2 RO 1973 373, 1984 529, 2006 3343, 2014 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).