Study On Legal Effectiveness Of Judicial Sale Of Ships

In recent years, judicial auction of ships is a hot researching topic in academia. Its content is very wide, it contains its meaning, its nature, its subject, the legal relationship, due process, effectiveness, etc. The author of this thesis just selects one of them to write, that is, its effectiveness. For this article, the author will mainly take the method of comparative analysis and summarizing. In the following, the author will make the summary of the main contents of this paper.The first chapter introduces a few basic questions of the judicial auction of ships, namely its four expressions, its nature and the connotation of effectiveness. Four common ways of expressing judicial auction of ships are: forced sale of ships, judicial sale of ships, forced auction of ships, judicial auction of ships. After comparative analysis of their relationship and difference, the author adopts representation of "judicial auction of ships ". There are four doctrines on its nature, that is the private doctrine, public doctrine, compromise doctrine. The author agrees with the last one. As to the connotation of effectiveness, the author thinks that, it is a binding force.The second chapter focuses on the regulations and laws relating to judicial auction of ships. There are mainly three international conventions:International Convention for the unification of certain rules of law relating to maritime liens and mortgages,1926. International Convention for the unification of certain rules of law relating to maritime liens and mortgages,1967. International Convention relating to maritime liens and mortgages,1993. After that, the author introduces some main shipping countries’ regulations. Maritime law and Maritime Procedure law of the People’s Republic of China are the main domestic law.The third chapter is the most important one in this paper. The author holds the opinion that, its effectiveness contains, the buyer obtains the ownership of the ship, the ship’s burden removed, transferring the ship and repaying the debt.In the fourth chapter, the author makes the suggestions of revising law to make a clearer legislation on its effectiveness.