الضمانات المخولة للمدين في الحجز التحفظي على سفينته : دراسة مقارنة بين القانون البحري الجزائري و اتفاقيتي بروكسل و جنيف

الملخص EN

The arrest of a ship is a legal procedure by which the debtor can by order of a court secure his maritime loan, but the creditor may exceed the lawful limit in his use of this measure to the extent that he prejudices the debtor's interests arbitrarily.

To that end, Algeria ratified the 1952 Brussels Convention for the Unification of Certain Rules relating to the Arrest of sea vessels, the 1999 Geneva Convention on the Arrest of Ships and the enactment of a number of legal provisions to be respected by the creditor to avoid procrastination or abuse of the right of arrest of the debtor's ship.

These provisions are considered as safeguards for the debtor's rights relating to his ship both in respect of procedures prior to the signing of the arrest or subsequent to his signature.

key words: maritime law; Brussels Convention; Geneva Convention; protection; abuse; arrest; ship;