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How to exercise the ship’s priority

发布时间:

2022-10-12 11:00

While the creation of maritime liens is based on legal provisions, its exercise often depends on the assistance of maritime lawyers with specialized knowledge.
According to Article 22 of the “Maritime Code” of China, the maritime claims for maritime liens are: the wages and other labor remunerations generated by the captain, crew, and other staff working on board under labor laws, administrative or labor contracts, Claims for the payment of crew repatriation fees and social insurance fees; claims for compensation for personal injuries incurred during the operation of the ship; requests for payment for salvage payments for salvage assistance; and claims for compensation for property arising from the infringement of ships during operations. A maritime claim shall be filed by the Shanghai claimant to the owner of the ship, the bareboat charterer, and the ship operator, and the right of priority to be paid to the ship that produced the maritime claim shall be the priority of the ship. The determination of maritime claims that enjoy maritime liens is a prerequisite for the exercise of this right. The cost of lawsuits arising from the exercise of maritime liens shall be paid out of the price paid for the preservation, auctioning of ships and distribution of ships, and other expenses paid for the common interests of the maritime claimants, and shall be paid out of the proceeds from the auction of the ship. The price exercised the ship’s priority. When lawyers are engaged in this business, they also involve issues such as the relationship between maritime liens, ship liens, and mortgages.