Review article
CO-OWNERSHIP ON THE SHIP AND ENFORCEMENT ON THE SHIP SHARES
Dean Vuleta
; Pravni fakultet Sveučilišta u Splitu
Abstract
Unlike ownership of one person or entity to certain thing (ship ) , there is co- ownership as a main form of ownership in legal relationships with multiple carriers ( subjects of law ) . Generally , in fact there may be a common property , co-owned by a similar legal institution , but only in cases where there is some law expressly specified . In accordance with the provisions of the Maritime Code, enforcement proceedings (court forced sales) in satisfaction of a monetary claim on a proposal from creditors (judgment creditors) , except on the board , can be determined and implemented to share (shares) ship owned by the execution debtor. In this case, there must be an unambiguous understanding of the idea of joint ownership and co-ownership. The provisions relating to the forced sale of the entire ship will be applied to the forced sale of the ship, but with certain deviations. Therefore co-ownership, as a kind of property rights on the bord, which contains some specifics in the case of forced sale of a ship owned distrainee might have immediate impact on the legal status of the other co-owners of the ship that are not parties to the proceedings. Also, during the forced sale of a ship (as well as the entire ship) comes to the fore the plight of judgment creditors (creditors), primarily due to incomplete provisions of the Maritime Code. The provisions of certain legal systems related to the forced sale of the ship or a share of the ship, contain some specifics that are worth analyzing.
Keywords
enforcement; ship shares; common ownership; co-ownership; bailiff
Hrčak ID:
154320
URI
Publication date:
30.12.2015.
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