Research On Legal Issues Of Overseas Purchase Of Ships By Judicial Sale

Taking part in judicial sale of ships overseas is a way to obtain better ships at lower prices.However,due to the particularity of judicial sale and ship transaction,this method has more complicated legal problems to be analyzed and solved.This paper tried to analyze the legal issues from the perspective of buyers.The full text is divided into three parts:introduction,main body and conclusion.The main body consists of four chapters:Chapter ? was an overview of overseas purchase of ships by judicial sale.Chapter I introduced the connotation of overseas purchase of judicial auction ships,the historical development of international judicial auction of ships,and combing the complete process of overseas purchase of judicial auction contracts with cases.Chapter ? discussed the legal issues in the process of overseas purchase of ships by judicial sale.Chapter II included the conclusion of judicial sale contracts for ships,the content and performance of judicial sale contracts for ships and the remedy of judicial sale contracts for ships.Chapter ? dealed with the international recognition of judicial sale of ships.The international recognition of the judicial sale of ships is related to whether the buyer can operate the shipping business smoothly after purchasing the ship.Buyers need to fully understand the complexity of this issue.Through relevant cases,this paper could conclude that the registration status of ship ownership is the most important legal basis for international recognition of ship judicial sale.The buyer could also start with the registration of ownership to avoid the risk caused by the refusal to recognize the judicial sale of ships.In order to solve this problem,the international community has reached several international conventions.However,those international conventions are far from enough to solve the problem.Chapter ? discussed the development trend of international recognition of ship judicial sale and China's response.The Beijing Draft is the latest achievement coordinated by the international community.The content and discussion process of the Beijing Draft reflects the consensus already established by the international community and the disputes still existing among countries.By sorting out the various treaties and drafts,this paper could analyze the changing trend of the international community's attitude towards this issue.The content of Beijing Draft could also help China improve the legislation related to the judicial sale of ships and enhance China's influence in the international shipping industry.Meanwhile,China should continue to promote the process of international coordination.