Review article
COMPARATIVE ANALYSIS REGULATING SOME QUESTIONS REGARDING THE ENFORCEMENT SALE OF MARITIME SHIP
Dean Vuleta
orcid.org/0000-0003-1143-5168
; Split, Hrvatska
Abstract
Today’s maritime transport is characterized by a strong international element. Therefore, the
court must determine the applicable law that is followed through enforcement on the maritime
ship. Civil and common law have different interpretations of the legal nature of liens and
court proceedings. This is especially true in the case of naval honours and privileges of their
order of priority in the settlement, which also affects the status of other creditors, as it is settled
before all other claims. In the world today, there is no global unified document that would
regulate this matter. Not even the three international conventions that have dealt with the
issues of liens so far, have achieved any greater success. This situation of unequal claims classification
criteria creates legal uncertainty among stakeholders, especially among creditors.
These facts are supported by numerous examples in international jurisprudence of enforcement
courts in cases of settlement claims of creditors by forced sale of maritime ships. This
situation points to the reasons for strengthening the tendency to harmonize the enforcement
of international law as a reflection of efforts to eliminate the differences in the legislations of
some countries. In that direction, the CMI (Comité Maritime International) was launched in
order to create a unified document, which should regulate the recognition of foreign judicial
sales of ships and certain related issues. The provisions of some states that establish an enforceable
sale of a ship offered interesting solutions worth analysing. Some of those provisions
provide fertile ground for a high-quality supplement of provisions in the Maritime Code of
the Republic of Croatia. Particularly interesting are those that regulate the auction sale of the
ship and sanctions for malicious and illegal actions during execution.
Keywords
enforcement sale of a ship; international conventions; privileged claim; applicable law; unification document
Hrčak ID:
137494
URI
Publication date:
20.12.2014.
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