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I don't understand how they can legally do that. When you repossess a truck you don't get to leave it at someone else's loading dock for free. Wouldn't it be t
by wmil 10y ago
I don't understand how they can legally do that. When you repossess a truck you don't get to leave it at someone else's loading dock for free.
Wouldn't it be the creditor's obligation to pay the fees or move it somewhere else to be moored?
- URSpider94 10y agoIt's probably the bankrupt party's responsibility until the title is transferred. Just like if the city boots and tows your car, you pay the fines. Also, the ports don't want the money from extended docking fees, they want a flow of ships. Docking fees alone won't compensate all of the teamsters, longshoremen, etc. idled while the berth is blocked.
- dragonwriter 10y ago> When you repossess a truck you don't get to leave it at someone else's loading dock for free. "Repossess" is an inaccurate term here. Arrest of a vessel is a different (though conceptually related) process [0]. Notably, the creditor does not take ownership or possession of the vessel, and so can't be responsible for fees; the ship is taken over by the government and its operation restricted unless it is either "bailed out" by the owner providing alternative security, the underlying litigation resolved, or the ship ordered sold by the government while the litigation proceeds. If its sold, the costs incurred will be paid out of the sale proceeds, but they may take some time. [0] http://www.maritimelawcenter.com/html/arrest_of_vessel.html http://www.maritimelawcenter.com/html/arrest_of_vessel.html
- dredmorbius 10y agoMore on Ship Arrest, via a (non-maritime) lawyer on a G+ discussion: http://www.marineinsight.com/maritime-law/ship-arrest-under-maritime-law-reasons-procedure-and-precautions/ http://www.marineinsight.com/maritime-law/ship-arrest-under-...