EIRP Proceedings, Vol 6 (2011)

Abstract

Noting that many pending cases in the maritime and river sections of the courts concern the seizure
of commercial ships, we intend to study in detail this institution of maritime law. This approach is due to the
fact that the few Romanian law-writers, and especially the practitioners, who have approached the subject,
have referred in particular to comment and interpretation of existing rules in the Commercial Code and the
Civil Procedure Code, not considering the relationship between other institutions of maritime law and seizing
the ship. In our opinion the mentioned institution of law can not be examined thoroughly without prior
investigation of what is the ship which is subject to seizure. Moreover, the ship is at the heart of all legal
research on shipping. The concept of ship has been controversial since the seventeenth century, with the first
regulations that led to the development and adoption of commercial codes, and it is still controversial today.
We can say that the diversity of opinions, expressed both in the legal literature and legal practice, on the
concept of ship, is largely due to the technical progress of shipping in modern times, this transport mean
benefiting from exceptional facilities to ensure a safely water transport of goods and people.