Maritime privileges : a study of Omani and English law

Other Title(s)

الامتيازات البحرية : دراسة في القانونين العماني و الإنجليزي

Author

Muhammad, Abd Allah Hasan

Source

Journal of Shariah and Law

Issue

Vol. 27, Issue 55 (31 Jul. 2013), pp.21-91, 71 p.

Publisher

United Arab Emirates University College of Law

Publication Date

2013-07-31

Country of Publication

United Arab Emirates

No. of Pages

71

Main Subjects

Law

Topics

Abstract EN

This Article compares and analyses maritime liens in Omani and English law.

The maritime lien is a unique security existing only on the ship and the fright.

It entitles the claimant to a privileged right in a ship.

The most important characteristic about the maritime lien is that it comes into existence automatically, without any cause if action being taken by the claimant such as registration, and, in principle, follows the ship wherever she sails in the world.

Maritime liens secure claims for salvage, seamen's wages, master's wages and disbursements and damage done by ships in both Omani and English law.

In Omani law, but not in English law, maritime liens secure also claims in respect of pilotage, pollution, personal injury, towage and cargo.

In neither system is personal liability an invariable prerequisite for such liens.

As a general rule, maritime liens cannot be transferred in either system.

While in English law maritime liens are accorded a high priority by precedent, maritime liens are ranked according to statute in Omani.

Maritime liens may variously be extinguished in both systems.

A maritime lien is a concept of international familiarity and is recognised in most jurisdictions.

There exist nonetheless frequent differences between individual countries as for example to the range of claims recognised as maritime liens or to their ranking.

It is this international disparity in the recognition of maritime liens which was one of the issues which the International Convention for the Unification of Certain Rules of Law Relating to Maritime Mortgages and Liens 1926 attempted to resolve.

American Psychological Association (APA)

Muhammad, Abd Allah Hasan. 2013. Maritime privileges : a study of Omani and English law. Journal of Shariah and Law،Vol. 27, no. 55, pp.21-91.
https://search.emarefa.net/detail/BIM-658235

Modern Language Association (MLA)

Muhammad, Abd Allah Hasan. Maritime privileges : a study of Omani and English law. Journal of Shariah and Law Vol. 27, no. 55 (Jul. 2013), pp.21-91.
https://search.emarefa.net/detail/BIM-658235

American Medical Association (AMA)

Muhammad, Abd Allah Hasan. Maritime privileges : a study of Omani and English law. Journal of Shariah and Law. 2013. Vol. 27, no. 55, pp.21-91.
https://search.emarefa.net/detail/BIM-658235

Data Type

Journal Articles

Language

English

Notes

Text in English ; abstracts in English and Arabic.

Record ID

BIM-658235