Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 856Warrant to have effect both to seize and to attach the vessel. Revoked by: XIV.2006.99.

Sub-title V

In KraftAmtlicher Text

(1) The warrant of arrest shall have the effect to seize the sea vessel, having a length exceeding ten metres, from the debtor and also to attach the same in the hands of the authority where property is. The Court shall also order that the said authority shall not release such sea vessel or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same and the Court shall order the person indicated by the party issuing the warrant, to effect service of a copy of the warrant in accordance with sub-article (3), as well as to seize the appropriate documentation and certification from on board the vessel.

(2) The warrant is executed for all effects of the law when notice is served on the executive officer of the authority who has the sea vessel in its hands or under its power or control.

(3) A copy of the warrant of arrest shall also be served on the person whose ship or vessel is arrested, the master or other person in charge of such ship or vessel, or the agent of such ship or vessel:

Provided that the party issuing the warrant shall indicate in the appropriate part of the warrant the necessary details of the person who shall effect service of the copy of the warrant referred to in this sub-article upon the master or other person in charge of such ship or vessel.

(4) Any documentation and certification seized from on board a ship or vessel in accordance with sub-article (1), shall within one working day, be handed over to the registrar.

Änderungsgeschichte
  • Amended by XXXI.2019.9