Procedural issues of Maritime Liens

Abstract

It is our purpose to analyze the procedural protection that our legal system grants to the maritime claims, as credits of a special nature that exist, both nationally and internationally, since ancient times, as a mechanism to facilitate the financing of maritime trade, because they grant to these creditors some special privileges for the satisfaction of their credits. To do this, we will begin by determining the most relevant aspects of its legal configuration, in order to subsequently address the procedural protection that these credits receive, focusing, not only on analyzing the different actions that these creditors can exercise to defend their rights, if not also, how can they enforce these credits against other creditors who have initiated an execution process in which the ship that serves as a guarantee for the credits has been or could be seized, also establishing, in what order should they be satisfied.

We will also go deeper, determining the credits that are considered privileged maritime credits, the different types that exist and analyzing the procedural specialties that are contained in both national and international texts, this is Ley 14/2014, de 24 de julio de la Navegación Marítima and the International Convention on Maritime Liens and Mortgages, Geneva, 6 May 1993.