46-U.S.C.-31342

§31342 – Establishing Maritime Liens

Pathway

Title 46 > Subtitle III > Chapter 313 > Subchapter III > Section 31342

Details

• Reference: Section 31342
• Legend: §31342 – Establishing Maritime Liens
• USCode Year: 2013

Provision Content

(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—

(1) has a maritime lien on the vessel;

(2) may bring a civil action in rem to enforce the lien; and

(3) is not required to allege or prove in the action that credit was given to the vessel.

(b) This section does not apply to a public vessel.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, §303(6), Dec. 12, 1989, 103 Stat. 1924.)

Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. Providing has been substituted for furnishing for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.

Amendments

1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner for A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title, and added subsec. (b).

U.S. Encyclopedia of Law Coverage

46-U.S.C.-31321 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-31321, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-31324 in the Legal Encyclopedia: Maritime Liability

In this entry about 46-U.S.C.-31324, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.

46-U.S.C.-31327 in the Legal Encyclopedia: Liability

In this entry about 46-U.S.C.-31327, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.

Topic Map

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