A Study On Due Process In Judicial Sale Of Ships

Judicial Sale of a Ship means any sale of a ship accomplished by or under the control of a court. As a special way of transfer of ownership, one of the legal effects of the procedure is providing the purchaser a clean ownership, which endowed by the court controlling the judicial sale of the ship. However, whether the legal effect mentioned above be affirmed and recognized by the whole world is subject to whether the judicial sale is in a due process or not. The attention of this dissertation is to design such due process.This dissertation is composed of three chapters except the part of Introduction and Conclusion.ChapterⅠdefines the concept of Judicial Sale of a Ship from a relatively wide extension as "any sale of a ship accomplished by or under the control of a court on its own or some auction mechanism authorized by a court";This Chapter also defines the legitimacy of Due Process.ChapterⅡelaborates the legislation in Judicial Sale of a Ship. It firstly introduces the improvement of international legislation on Judicial Sale by analyzing the rules of the International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages1926/1967/1993;then, it makes some explanation and commence-ment on Instrument on the Recognition of Foreign Judicial Sales of Ship, which is the latest achievements made by the work group of Comite Maritime International(CMI). As to the national legislation, the dissertation quotes some answers to the CMI Questio-nnaire to reflect the attitude of the main countries toward the Due Process of Judicial Sale.ChapterⅢmakes some suggestion on designing the due process containing the procedure of Starting, Notice, Registration of claims, Action confirming a claim, Issuance of a Certificate, Deregistration and Registration of the Ship and Recognition of the Judicial Sale by summarizing and drawing on reasonable rules on the existing legislation and adopting the good suggestion made by other scholars.