Mechanisms for the protection of maritime creditors in Congolese law
2021-12-20 13:15Mechanisms for the protection of maritime creditors in Congolese law
Faculty of Law
Department of Private and Judicial Law
By Michaël-May's MAVUEMBA LUZITUSU KINKELA
Graduates of Higher Education
Thesis presented and defended with a view to obtaining the degree of Doctor of Law
Jury Members
Full members:
Professor Jean-Louis ESAMBO KANGASHE, President
Professor Jean-Marcel MULENDA KIPOKE, Secretary
Professor Vincent KANGUKUMBA MBAMBI, Promoter
Professor Jean-Michel KUMBU ki NGIMBI, Co-Promoter
Professor Billy BILOLO KABUEBUE, member
Alternate members:
Professor Michel ILUME MOKE
Professor Jean-Pierre KIFWABALA TEKILAZAYA
The study on the mechanisms for protecting maritime creditors in
Congolese law aims to protect said creditors, apart from the insurance regime and
maritime securities, through the creation of an institution and/or an agency or even a company
recovery of maritime debts which will aim to group customers together
having suffered losses and damages on the ship in order to better defend them. Despite the recourse to the guarantee request of the shipowners' clubs for a
given amount, the study aims to further secure the maritime creditor to grant them
specific guarantees. This maritime debt recovery institution which will be inserted
in the maritime navigation code, in maritime practice, allows to agree with
lawyers' offices and/or bailiffs in order to better carry out seizures
ship conservatories and, where appropriate, payment through an organization
banking. Branches in foreign ports will be able to initiate the procedure for
find the damaged vessel and order forced recovery against said vessel.