The captain of a twenty-five-metre yacht, dismissed at the end of the season, refuses to leave the vessel in Antibes and claims arrears of pay. Elsewhere, a weekly charterer has not brought back the catamaran hired in Martinique and has stopped responding. In both cases, the owner wants one thing first: to get the boat back.
Making the vessel unavailable
The French Code of Civil Enforcement Procedure offers a suitable tool: the saisie-revendication (attachment with a view to recovery). Any person apparently entitled to demand the delivery or return of a tangible movable asset may, pending its handover, render it unavailable (Article L. 222-2 of that Code). Authorisation is given by the judge on an ex parte application, which preserves the element of surprise; the procedure is set out in Articles R. 222-17 et seq.
The measure immobilises the yacht and paves the way for the action on the merits for its return. It requires proof of ownership and of the holder’s title: French registration certificate (acte de francisation) or certificate of registry, charter agreement, the captain’s employment contract, management agreement.
The criminal law aspect
Misappropriating, to the detriment of another, property handed over on condition that it be returned or used for a specified purpose constitutes criminal breach of trust (abus de confiance, Article 314-1 of the French Criminal Code). A criminal complaint is useful where the vessel has left port or the holder cannot be found: it brings in the police and the maritime authorities. It is not always the quickest way to recover the boat, and must not be used as leverage in a purely civil dispute, for example over wages that are genuinely owed.
The captain who stays on board
A dismissed captain has no lien over his employer’s vessel for his wages; he has other remedies, including a protective attachment for his wage claim. The dispute must be dealt with on both fronts: return of the vessel on the one hand, settlement of the sums owed on the other. A swift settlement often avoids cross-attachments.
If the yacht has gone abroad
Outside France, recovery is governed by the law of the State where the vessel is located. The flag, the registration and the insurance cover (theft, misappropriation) shape the strategy. A French decision may serve as the basis for a local measure; coordination with a correspondent on the spot is then essential.
What the firm checks first
- The title of ownership and the flag.
- The contract under which the yacht was handed over to the holder.
- The location of the vessel and its next port of call.
- The claims relied on by the holder.
- The cover provided by the yacht’s insurance.
For the firm’s involvement, see Yacht purchase, sale and disputes and Advice to shipowners and yacht owners.
Further reading
- Yacht management agreement: obtaining accounts and changing manager
- Boat damaged in winter storage or dry stack: the custodian’s liability
- Your yacht has been arrested in a French port? What to do
For owners whose yacht is based on the French Riviera, see our page French yacht lawyer on the Riviera.
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Can the owner take back the yacht by force?
No, the owner must go through the court. A saisie-revendication allows the vessel to be immobilised quickly (Article L. 222-2 of the Code of Civil Enforcement Procedure).
Can an unpaid captain keep the boat?
He cannot retain the vessel for his wages; he has other remedies, in particular a protective attachment.
Should a criminal complaint be filed?
Where the boat has disappeared or the holder cannot be found, a complaint for criminal breach of trust (Article 314-1 of the Criminal Code) brings in the authorities.