Judicial Sales of Ships : A Comparative Study
Lief. Bleyen
Bok Engelsk 2015 · Electronic books.
| Annen tittel | |
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| Utgitt | Informa , 2015
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| Omfang | 1 online resource (216 p.)
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| Utgave | 1st ed. 2016.
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| Opplysninger | Description based upon print version of record.. - Acknowledgements; Abbreviations; Contents; 1: Introduction; A. The Purpose; B. The Content; C. The Scope; D. The Perspective; 2: Existing International and European Legal Framework for Judicial Sales of Ships; A. International Framework; I. Brussels Convention for the Unification of Certain Rules of Law Relating to Maritime Liens and Mortgages 1926; 1. Background; 2. General Structure; 3. Relevance for Judicial Sale; II. Brussels Convention for the Unification of Certain Rules of Law Relating to Maritime Liens and Mortgages 1967; 1. Background; 2. General Structure. - 1. Appointment of Public Officer2. Conditions of Sale and Notification to Creditors and Claimants; 3. Disputes and Claims for Dissolution; IV. The Judicial Sale; V. Post-sale Phase; 1. Appointment of Liquidator; 2. Recognition and Ranking of Claims; a) Maritime Liens; b) Mortgages; c) Unsecured Charges; 3. Effects of Belgian Judicial Sale; a) Effects on a Belgian Registered Vessel; b) Effects on a Foreign Registered Vessel; VI. Recognition of a Foreign Judicial Sale and Its Legal Effects; 1. Recognition of a Court Decision; 2. Recognition of In Rem Rights Created Abroad. - 3. Recognition of Foreign Judicial Sale by Ship Registry4: Comparative Analysis: The Netherlands; I. Sources of Law; 1. Applicable International Conventions; 2. Domestic Legal Sources; a) Book 8 on Transportation Law; b) Dutch Code of Civil Procedure; c) Ship Registration; d) Dutch Code of International Private Law; 3. Court System; II. Requirements for a Judicial Sale; 1. Asset Constitutes a `Ship;́ 2. Enforceable Title; 3. Ship Under Executory Arrest; a) Ship Was Not Under Conservatory Arrest; (1) Command for Payment and Service; (2) Warrant for Arrest; b) Ship Was Under Conservatory Arrest. - 3. Relevance to Judicial SaleIII. Geneva Convention on Maritime Liens and Mortgages 1993; 1. Background; 2. General Structure; 3. Relevance to Judicial Sale; IV. Arrest Convention 1952 and 1999; 1. Background; 2. General Structure; 3. Relevance to Judicial Sale; V. The Hague Service Convention 1965; 1. Background; 2. General Structure; 3. Relevance to Judicial Sale; B. European Framework; I. Brussels I Regulation; 1. Background; 2. General Structure; 3. Importance for Judicial Sales; II. Service Regulation; 1. Background; 2. General Structure; 3. Importance for Judicial Sales; C. Conclusion. - 3: Comparative Analysis: BelgiumI. Sources of Law; 1. Applicable International Conventions; 2. Domestic Legal Sources; a) Maritime Code of 1879; b) Belgian Code of Civil Procedure; c) Ship Registration Act of 1990; d) Belgian Code of International Private Law; 3. Court System; II. Requirements for a Judicial Sale; 1. Asset Constitutes a Ship; 2. Enforceable Title; 3. Ship Under Executory Arrest; a) Ship Was Not Under Conservatory Arrest; (1) Command for Payment and Service; (2) Warrant for Arrest and Service; b) Ship Was Under Conservatory Arrest; III. Preparations for the Sale. - III. Preparations for the Sale. - This work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.
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| Emner | |
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| Dewey | |
| ISBN | 9783319243740
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