Study On Legal Issue In Judicial Sale Of Ships

As a special method of transfer of ownership, judicial sale of a ship means any act of disposition of a ship accomplished by or under control of a maritime court. There is no other ownership right attached to a ship after the judicial sale of a ship. And the purchaser will get a clean ownership, which derives from the legal recognition by the court controlling the judicial sale of the ship. It is necessary for the State of accomplishing the judicial sale to recognize the whole procedure since the judicial sale always reflects the transnational nature. The thesis aims to seek to design such procedure of judicial sale of a ship which not only acts on international convention but also suits for our regime of judicial sale of a ship while discussing the specific procedures.This thesis is composed of four chapters except the part of Introduction and Conclusion.Chapter Ⅰ is the overview of the judicial sale of a ship from a semantic analysis. At the beginning, the author chooses to use "judicial sale of a ship" by comparing different words, and then gives a relatively definition as "any act of sale of a ship accomplished by or under control of a maritime court with jurisdiction". In the meantime, this chapter analyses the nature of the judicial sale which includes the nature of public law and private law. Besides, it highlights the peculiarity by comparing with other related systems.Chapter Ⅱ elaborates the legislations both in international and domestic levels of judicial sale of a ship. Firstly, author respectively introduces the judicial sale of a ship regime which includes the civil law system with the example of Germany and the common law system with the sample of England and concludes the reasonable and scientific aspects. Secondly, author discusses the rules of the International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages1926/1967/1993, and then mainly discusses the "the Revised Beijing Draft", uses whose essence into our legal design for reference.Chapter Ⅲ analyses and makes some suggestion on the procedure issues of judicial sale of a ship, which emphasizes the notice of judicial sale, the registration of the credit, the review of the credit and the deregistration and registration of a ship. Chapter IV concerns the legal effects of judicial sale of a ship, which highlights the ship’s rights of removal and the transfer of ship’s ownership and then discusses the invalid judicial sale of a ship and its remedy.