A Study On Legal Issues Of Judicial Sale Of Ships

This thesis centres on the Relevant Rules of Arrest and Judicial Sale of Ships of the Supereme Court (draft), studying the regulations in relation to the judicial sale of ships in this Draft, aiming to explore whether the Draft solves the problems in the practice, as well as whether the rules thereof are reasonable or not. Finally, the suggestions of modification of the Draft are put forward.This dissertation is composed of five chapters except for the part of Introduction and Conclusion.Chapter â…  starts with the introduction of judicial sale of ships, clarifies the ships in Judicial Sale of Ships confined to the definition of Article3of CMC. In nature, Judicial sale of ships is a kind of legal procedure which is different from but based on the system of arrest of ships.Chapter â…¡introduces the jurisdiction of judicial sale of ships and specific ways thereof mainly. Firstly, the jurisdiction of the judicial sale of ships belongs to the courts of admiralty exclusively, which gets the jurisdiction by the application of parties after arrest of the ships or accepts the authorize from the other courts. Secondly, states the problems in the provisions in relation to the ways of judicial sale and analyzes the main ways of commercial auction.Chapter â…¢ elaborates the regulations of registration of claims and ship money distribution. The range of registration is unreasonable which should be confined into the maritime claims having the ship as security.Chapter IV analyzes the judicial sale of ships under particular circumstances, including the judicial sale of ships under executive procedure, the judicial sale of ships under the realization of the right for security and the judicial sale of ships in the bankruptcy proceeding.The last chapter puts forward the modification suggestion.