It is commonly considered that the plaintiff’s application for arrest of ship before or during the litigation would amount to a wrongful arrest if the plaintiff’s claim is dismissed by the court-However, being one o...It is commonly considered that the plaintiff’s application for arrest of ship before or during the litigation would amount to a wrongful arrest if the plaintiff’s claim is dismissed by the court-However, being one of illegal acts, the wrongful arrest of ship should not be satisfied to amount to an il1egal act in accordance with theories of civil law. The wrongful arrest is an illegal act carried out as the plaintiff exercises his right of arresting ship. lt breaches the principle of good faith. It should be recognized as an act of tort. But there are some differences between the act of wrongful arrest and the act of tort. The wrongful arrest is also an act of abuse of right- Usually, the wrongful arrest includes the plaintiff’s wrongful application for the arrest without the right of arresting ship, wrongful continuation of arresting ship and requesting for too much security.展开更多
文摘It is commonly considered that the plaintiff’s application for arrest of ship before or during the litigation would amount to a wrongful arrest if the plaintiff’s claim is dismissed by the court-However, being one of illegal acts, the wrongful arrest of ship should not be satisfied to amount to an il1egal act in accordance with theories of civil law. The wrongful arrest is an illegal act carried out as the plaintiff exercises his right of arresting ship. lt breaches the principle of good faith. It should be recognized as an act of tort. But there are some differences between the act of wrongful arrest and the act of tort. The wrongful arrest is also an act of abuse of right- Usually, the wrongful arrest includes the plaintiff’s wrongful application for the arrest without the right of arresting ship, wrongful continuation of arresting ship and requesting for too much security.
