Arrest of associated ship : the possibility to apply South African approach to Thai law

Name: Phutita Luksilakul

keyword: Arrest of ship Associated ship

LCSH: Arrest of ships -- South Africa

; Arrest of ship

LCSH: Arrest of ships -- Thailand

; Associated ship

Abstract: The character of maritime business concerns the movement of ships which are the main asset of the debtor, the recoverability of maritime debt becomes a major problem for people engaged in maritime trade. In addition, over half of shipowning companies around the world are found as single asset structure segregating the ships in fleet to under different companies shield, this allows the shipowner to limit the liability to the value of ship. Thai law and International Conventions regarding the arrest of ships only permit the ships under common ownership to be susceptible to arrest, thus, fail to provide insufficient measure to cope with the problem of single-ship companies. South Africa introduced a new approach vesting the maritime creditor to apply for the arrest of the ship under common control of the debtor notwithstanding she is registered in the name of different legal owners. This thesis, therefore, aim study the approach of South Africa so-called associated ship states in the Admiralty Jurisdiction Regulation Act 105 of 1983. This thesis will study how the associated ship arrest approach operated in order to find out the proper solutions to solve the problems of recoverability of maritime debt from the single-ship companies in Thailand. It is found that the approach of South African successfully strikes on the operation of single ship companies. By allowing the ships under control of the debtor to be arrested, the creditors are granted an opportunity to obtain alternative security for future litigation which is an effective tool to enforce the judgement. It also helps reducing the proliferation of single ship companies. Thus, the writer suggest to amend the provision of the Arrest of Ship Act B.E. 2534 by adopting this associated ship approach of South African law to empower the maritime creditor in Thailand to obtain security that serve the maritime business reality nowadays

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Amnat Wongbandit

Role: advisor

Created: 2014

Modified: 2022-01-07

Issued: 2022-01-07

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2014.410

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

©copyrights Thammasat University

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