Review article
https://doi.org/10.31141/zrpfs.2024.61.154.589
Book Regime for the Legal Lien on Moveables of Great Value with Special Reference on Maritime Lien - de lege lata and de lege ferenda
Dean Vuleta
; Tenis Kamp Stobreč
Abstract
There is a legal correlation between the legal lien on a ship and an aircraft, given similar property law characteristics and the global legal regulation of real legal relations on these high-value movables. The provisions of Art. 175 of the Act on Obligatory and Real Legal Relations in Air Traffic, in the enforcement procedure on the aircraft provide for adequate application of the provisions of Art. 867-988. of the Maritime Code on enforcement procedures on board. Analysis of the provisions of the Maritime Code and the Law on Obligatory and Real Legal Relations in Air Traffic on the book regime for legal liens on ships and aircraft (maritime and air privileges) indicates identical problem areas that can arise in the process of judicial settlement of creditors’ claims. The holder of the air privilege has the legal authority to register his/her claim, if s/he obtains the registration of the claim by submitting a request for entry in the register of civil aircraft, in contrast to the maritime privilege in respect of which the legal provisions stipulate that no entry in the sea vessel register is required for the creation of a maritime privilege and legal effects towards third parties. ships These provisions do not specifically mention the authority to submit an application for registration. If the holder of the air privilege has submitted a request for entry in the register, his/her registered claim is in the enforcement files and is known to the enforcement court therefore there is no obstacle to being informed by the court about the enforcement procedure initiated by another creditor as the enforcement officer and to undertake procedural actions in his/her own interest. However, if s/he does not obtain registration of his/her claim, because s/he did not submit a request for registration of his/her own volition or for objective reasons, s/he is exposed to the same problem related to the holder of an unregistered maritime privilege, i.e. the problem of hidden (invisible) claims for the enforcement court, creditors and other interested parties in the initiated execution procedure. Hidden claims can prevent the realization of the very goal of enforcement - the unquestionable settlement of creditor’s claims. Therefore, this paper primarily presents proposals for amendments and changes to the provisions of the Maritime Code on maritime privilege that are adequately applicable to air privilege as well. The proposals for additions and changes are aimed at regulating the registration of recognized and acquired and contested maritime privileges until the initiation of enforcement proceedings, after the adoption of a decision on enforcement and temporary measures to stop the ship, and at the latest at the hearing for the sale of the ship. The proposed solutions deviate from the currently valid provisions of Croatian and comparative law.
Keywords
ship and aircraft; book regime of privileges; Maritime Code; Act on Obligatory and Real Legal Relations in Air Traffic; legal changes and amendments
Hrčak ID:
324487
URI
Publication date:
20.12.2024.
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