Przejawy actio in rem a odpowiedzialność ze statku w polskim prawie morskim
Actio in rem in and the ship’s responsability in Polish maritime law
Author(s): Dominika WetoszkaSubject(s): Law on Economics, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: actio in rem; actio in personam; sea vessel; maritime claims; mortgage; pledging
Summary/Abstract: The purpose of this article was to indicate that in Polish maritime law there are institutions bearing characteristics of actio in rem. Maritime law is being influenced mainly by international law. Regulations of that maritime law arise from national law and international treaties which present a compromise between various law systems – those in which actio in rem functions and those that do not provide such a possibility. Therefore in maritime law it is easier to talk about proceedings against the actual ship, which is also present in Polish maritime law. This trend can be seen as present in discussed in this article institutions – maritime mortgage, pledge and maritime privilege. In each of these examples, the authorized entity takes action against the item – the vessel, to satisfy its claims.
Journal: Studia Prawnoustrojowe
- Issue Year: 2017
- Issue No: 37
- Page Range: 187-202
- Page Count: 16
- Language: Polish