PERSONIFICATION OF THE SHIP – BETWEEN PERSONALITY, PROPERTY AND COMPANY. OLD RULES, NEW CONTEXT, AND VICE VERSA.
PERSONIFICATION OF THE SHIP – BETWEEN PERSONALITY, PROPERTY AND COMPANY. OLD RULES, NEW CONTEXT, AND VICE VERSA.

Summary/Abstract: Personification of the ship is perhaps the most discussed topic in both legal theory and practice, with even opposing arguments. Giving the personality feature to a vessel, in historical times, was required when the ship sailed away far from her owner and represented the only property from which creditors could satisfy their claims. Despite the changes in times and circumstances since the mentioned period, the concept of personification of the ship has persisted and even impacted or maybe created a couple of new legal forms for making the personality in the legal system which imitates natural or legal person (e.g. companies and especially the limitation of liability of shareholders regarding the obligations of the company which they own). According to many Maritime Law institutes such as abandonment, maritime lien, global limitation of liability, arrest of the ship, general average, and nautical fault, the ship can be perceived as a legal person, though only in relation to its function. These institutes are the instruments of the personality of the vessel which is limited only to cases where the ship is included in core maritime businesses. Beyond those businesses, the ship is only the mere property of her (its) owner, regardless of whether they are a legal or natural person.

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