Advantage of Action in Rem
Action in rem (property) is an action separated from the action in personam. The action is against the maritime property such as vessel, cargo or freight, but not against the owner. This concept is why such an action is said to be against “all the world”.
Claimants take advantage of the action in rem, rather action in personam, because an action in rem is more easy and convenient to institute. It is more difficult, in an action in personam, to summon the defendant via writ outside the jurisdiction unless the defendant is a resident of EU or EFTA countries. Besides, the processes to find the rightful shipowner, the defendant, are very complicated and time consuming due to the complex and inconsistent ship registration in different countries. An action with respect to a bareboat ship will frequently encounter this problem.
The Admiralty action in rem will concern when the claims and ship are put within the Admiralty Jurisdiction, an adequate and secure place for the claimants to ask for compensation. If the defendant does not provide enough security as compensation, the court may sell the “res” in order to get the satisfaction for the claim.
Read more about this topic: Maritime Lien
Famous quotes containing the words advantage of, advantage and/or action:
“With wonderful art he grinds into paint for his picture all his moods and experiences, so that all his forces may be brought to the encounter. Apparently writing without a particular design or responsibility, setting down his soliloquies from time to time, taking advantage of all his humors, when at length the hour comes to declare himself, he puts down in plain English, without quotation marks, what he, Thomas Carlyle, is ready to defend in the face of the world.”
—Henry David Thoreau (1817–1862)
“The advantage of doing one’s praising for oneself is that one can lay it on so thick and exactly in the right places.”
—Samuel Butler (1835–1902)
“The Oriental philosophy approaches easily loftier themes than the modern aspires to; and no wonder if it sometimes prattle about them. It only assigns their due rank respectively to Action and Contemplation, or rather does full justice to the latter. Western philosophers have not conceived of the significance of Contemplation in their sense.”
—Henry David Thoreau (1817–1862)