Stručni rad
https://doi.org/10.31141/zrpfs.2020.57.138.1113
Legal status of participants in a complex enforcement procedure on board for the purpose of collecting a monetary claim
Dean Vuleta
Sažetak
Specific, complex and problematic situations that may arise in a foreclosure procedure to collect a cash claim require a more thorough analysis of all problematic issues. Such situations are a reflection of insufficiently defined provisions that is nonexistent provisions that the legislature has failed to determine, and regulate this procedure for collecting claims. The intention of this paper is to present a unified and systematic account of such issues throughout all stages of the procedure. This can also be compounded by the complex interrelationships between the direct participants involved in the cause and effect of the proceeding, as well as the indirect participants who have a legal interest, and may and may not be affected by the consequences of the proceeding. It should be emphasized that legal doubts are systematically raised about the status of direct and indirect participants in the procedure, as well as the issues of procedural actions of the whole procedure, and not just the enforcement phase on board. Each stage of the proceedings is burdened with more or less problems, without exception, from the submission of a writ of foreclosure to the payment of creditors. Likewise, there may be cases of malicious mischief with the ultimate goal of suspending foreclosure and preventing the sale of the foreclosed ship.The legislature has failed to qualitatively determine this matter, so the solutions of some foreign legal systems, related to the enforcement procedure on board, can serve as a guide in addition to the existing provisions of the Maritime Code.
Ključne riječi
complexity of enforcement on board; direct participants in proceedings; indirect participants in proceedings; procedural actions; incomplete provisions
Hrčak ID:
245701
URI
Datum izdavanja:
29.10.2020.
Posjeta: 2.451 *