Updated Rules of Privilege and Maritime Mortgage (Comparative Study of Iranian, English and American Law)

Articles in Press

Document Type : Research Paper

Authors

1 PhD Student in Private Law of Shiraz University

2 Associate Professor, Shiraz University, Faculty of Law and political Sciences

10.22034/law.2025.66988.3484

Abstract

In maritime law, mortgages and maritime liens are considered to create a real right for the creditor on maritime property (mainly ships). This is while there is no legal provision in domestic law regarding the nature of the debt in a maritime mortgage and the basis of the maritime lien. In American law, the basis of maritime court jurisdiction is based on the theory of characterization of the ship, and in England, although this theory was initially fully accepted, it is now used solely as the basis of maritime lien. This study seeks to answer the reason for the introduction of the aforementioned objective rights in the Iranian maritime law. Although the implicit acceptance of the legal personality of the ship is seen in scattered articles of the maritime law approved in 1964, the theory of the legal personality of the ship has not been accepted in Iranian law. In this article, the basis and nature of maritime liens and mortgages are examined using a descriptive-analytical method, while examining the position of American and English law. By emphasizing the specific characteristics of ships and commercial shipping activities, an approach is presented to explain the provisions and principles of maritime liens and mortgages, thereby achieving up-to-date regulations regarding claims subject to maritime liens and mortgages, filing action in rem, and seizing a sister ship

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 August 2025

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