Review article
https://doi.org/10.31141/zrpfs.2016.53.122.1039
A writ of execution on the ship
Dean Vuleta
Abstract
By submitting an application for enforcement of the competent Court by bailiffs and the adoption of a writ of execution, foreclosure proceedings on a ship for the settlement of monetary claims exceeds the stage of proposing the practical implementation phase, with the implementation of prescribed enforcement actions from the primary aim of the procedure itself-satisfaction of creditors from the selling price of the ship realized by judicial sale. A writ of execution on the board regulates Maritime Code Articles 856.-859. Some of the provisions, especially articles 856. and 857. do not contribute to legal certainty of stakeholders in the process. Visible and certain inconsistencies and discrepancies legal provisions of the Enforcement Act and the Maritime Code in relation to the delivery of the writ of execution. A recordation of a writ of execution in practice can occur specific situations in favor of the interested parties. A recordation of a writ of execution, ie the moment of the conclusion that the court ordering the recording of legal effect, has a decisive influence on the order of priority rights to the settlement belonging to the execution creditor, if in the procedure participate two or more judgment creditors. That moment from which arise legal effects is determining in the order of priority for the right to settle the judgment creditors in the case of requests made to the competent court for enforcement of execution, as well as proposals for enforcement if the court competent to issue the writ of execution and enforcement of the decision. Some currently valid provisions may be causing unnecessary controversy in the case of more than one execution creditor. All these are reasons that these provisions, as the source of certain understatements, should be replaced with legally more effective solutions.
Keywords
a writ of execution on the ship; a delivery of the writ of execution; a recordation of a writ; a settlement of the judgment creditors
Hrčak ID:
169043
URI
Publication date:
15.11.2016.
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