Study On Legal Relationship Related To Court Ordered Auction Of Ship

Court ordered auction of vessel is one of the extremely special systems in Chinese admiralty practice. As an important transport instrument, auction of vessel is different with other property. Special Maritime Procedure Law of the P.R.C. and the relative judicial interpret perfecting the existing regulations also exist deficiency during the long time practice. This thesis will study on the law relationship of court ordered auction of vessel as a whole.Besides study on the law status of the maritime claimant and the person against whom the claim, the thesis analyze particularly the status and the scope of the creditor who join in during the procedure for registration. Study on the status and the right and obligation of the maritime court during the auction of vessel comparing with commercial public sale and the auction of other property. For the scope of the vessel allowed auction, this thesis stresses on the some special kind of vessel, such as the detained vessel according as the possessory lien, the vessel under bareboat charter party and the vessel purchased by the quondam shipowners, for the logical solvement of the issues in the practice. The study of some special rights and obligations base on the commonly presentation and analyze deeply contacting with the existing regulations and the practice.