| Judicial sale of ships is practiced commonly under arrestandis bonis ne dissipentur and in execution of judgments and awards by Chinese maritime court. In the former situation, which is most commonly seen and is regulated by the Special Maritime Procedure Law of the People’s Republic of China, the court sells the ship upon maritime claims by means of auction, and thus the actual execution of judgments is guaranteed. And further more, in execution of judgments and awards, similar rules may apply.Unlike the forced sale of personal property or real estate, the judicial sale of ships is special and yet important that the Special Maritime Procedure Law dedicated a proper portion to it. In recognition of its importance, the article reexamined it, and brought some of its most special aspects into discussion.This article is divided into four chapters. The first chapter introduces the concepts and terms of judicial sale, emphasizing its nature through the comparison with other relative systems.The second chapter proceeds with the case of the judicial sale of the "NORDSTAR", and analyses the relationship between the legal conceptions:subjects, objects, and relationships between them.The third chapter makes a thorough analyze on the procedure of judicial sale in time order. Relative problems analyzed, and assessments made.At last, the fourth chapter concerns the legal effects of judicial sale of ships, invalid judicial sale of ships and its consequential liability. Along with international recognition which has been listed as a discussion topic by CMI. |
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