Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 855
855. (1) A precautionary warrant of arrest of any sea-going
vessel having a length exceeding ten metres may solely be issue d to
secure a debt or claims, whether in personam or in rem , which
could be frustrated by the departure of the said ship, and no o ther
warrant may be issued against a sea-going vessel, with the exce ption
of a warrant of ejectment or expulsion, unless it is a warrant of arrest,
and whether such vessel is a t sea or at some other place:
Cap. 16.
Provided that a precautionary warrant of arrest may also be
issued by the Court in the circu mstances provided for under art icle
1526(5) of the Civil Code to secure, in the event of a default, the rights
of lessor against a lessee and the provisions of this title sha ll also apply
to such warrants of arrest, mutatis mutandis :
Cap. 16.
Provided further that for the purposes of article 843, the less or
shall be obliged to file the app lication pursuant to article 15 26(5) of
the Civil Code within twenty (2 0) days from the warrant of arre st.
(2) The provisions of article 843 shall apply to the warrant.
Warrant to have
effect both to seize
and to attach the
vessel.
Revoked by:
XIV .2006.99.
Added by:
XIV .2006.100.
Re-numbered by:
VII.2007.34.
Amended by:
XXXI.2019.9.
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