Research On The Nature And Effectiveness Of The Judicial Sale Of Ships

Compared with the hot topics such as arrest of ship or ship auction,the maritime theoretical and practical circles have paid too little attention to the issue of ship judicial sale,both in the domestic and overseas.Some topics about CMI conference,arouse heated discussions of international recognition of foreign judicial sales of ships,but other links or issues that are logically related to their international recognition and affect their theory and practice,such as the effectiveness and nature of the sale of the ship's judiciary,it will not cause enough attention,still need to be more in-depth discussion.In view of this,the author takes the semantics of ship judicial sale as the breakthrough point,summarizes the international legislative trend and the domestic legislation and practice status of the legal issue of ship judicial sale,and on this basis,analyzes the nature and effectiveness of ship sale,and draws the conclusion that it is beneficial to our country's legislation and judicial practice.This thesis is composed of four sections except the part of Introduction and Conclusion.Section one mainly analyzes the semantics,the nature and the effectiveness of the judicial sale of ships.The author first refers to the international convention(draft),authoritative dictionary,famous writings point of view,the "judicial sale of ships" concept of the legal definition.Secondly,from its semantics,it demonstrates the nature of ship judicial sale as the nature of legal system,and points out its unique characteristics of public law and private law.Thirdly,it discusses the influence of its unique legal nature on its legal effect.Finally,the text clarifies that the sale of the ship is a special legal system which has two features of both public law and private law,and which can remove the burden of the right above the ship.But the buyer's ownership of ship is a derivative acquisition still.Section two combs the existing international and domestic regulations on the nature and effectiveness of the sale of the ship.While presenting the current state of the legislation on the issue as completely as possible,the article discusses what else should be covered in the existing legislation still does not have been concluded in the relevant provisions or provisions are still deficient.Besides,the thesis briefly analysis some problems of maritime business practice.Section ? discusses the proper meaning of "the nature and effectiveness of the judicial sale of ships" on the basis of the previous part,that is,to construct the basic content.This part analyzes the unique nature and effectiveness of the sale of the ship from the delivery of the ship and the passing of title,the removal of the burden of the ship,the distribution of the auction price and the compensation of the debt and defective auction.There are some suggestions of the solutions about the problems on the legations and the judiciary of China in Section four.For example,from the aspect of legislation,there is no definitely classification of the definitions and effectiveness on the judicial sale of ships,as well as effectiveness of the imperfect auction and the remedy of it in the laws of China.Besides,there are some problems existing in the legal practice,such as the large scale of mistaken withhold and auction of ship,the obstruct of procedure on the logout and register and the small scale of the outcomes of the cases of sale of ship which not are normally recognized by other countries.