A Study On Effect Of Judicial Sale Of Ships

Since the Draft International Convention on Foreign Judicial Sales of Ships and their Recognition,namely the Beijing Draft,the establishment of a judicial sale system for ships has become a discussion due to the special movable property of ships,which has a high value and strong liquidity.Article 4 of the Beijing Draft,as the main provision in the draft,provides that the buyer of the ship can obtain "clean title" of the ship through judicial sale,which needs to satisfies the conditions that the judicial sale is in compliance with the domestic laws of the country of sale and the relevant provisions of the Convention.This provision has caused a lot of controversy.For example,how should "clean title" be defined? What preconditions should be fulfilled to achieve this effect? In addition,the judicial sale of ships is a special legal system.The consideration of its effectiveness requirements also involves other systems that are connected with the enforcement process of judicial sale,including the notification requirements before judicial sale,and judicial provisions for transfer of the ownership of the ship after sale,etc.At the same time,on the basis of considering the rationality of the design of the draft clauses,we should also take the design of China’s ship judicial sale system as a starting point,use the provisions of the draft and other countries’ ship judicial sale systems to reconsider and complement China’s relevant institutional arrangements.This article is divided into four chapters in addition to the introduction and conclusions.Including: firstly,a brief introduction of the provisions of the effectiveness of judicial sale of ships and the existing disputes;Secondly,an analysis of the causes of the disputes;Thirdly,a proposal for improving the provisions of the effectiveness of judicial sale of ships in the Beijing draft;And fourthly,a proposal for thinking about the relevant system of judicial sale of ships in China.The contents of each chapter are briefly summarized as follows.The first chapter of this paper mainly introduces the provisions of Article 4 of Beijing draft on the effect of judicial sale of ships,as well as the existing disputes on the provisions.In the second chapter,on the basis of analysis of the differences of the law of judicial sale in different legal system.The first is how to understand the definition of “judicial sale” in article 1.8 of the draft;the second is how to define the effect of “clean title”;the last is what form requirements need to be met to produce the legal effect of “clean title”.The third chapter of this dissertation is to put forward corresponding views on the above disputes from the entity and procedure levels.Focusing on the necessity of the validity provision,the rationality of the provisions of the convention is discussed.First of all,this part analyzes the concept of "judicial sale";secondly,according to three different theories,it measures the value of the provisions on the effectiveness of judicial sale of ships,and discusses the necessity of the provisions;finally,it focuses on procedural justice,explains the necessity of procedural elements and puts forward relevant supplementary suggestions for the problems to be solved by the subsequent ownership registration and cancellation procedures.The fourth chapter is in order to make recommendations for the ship’s judicial sale system in China.The entity part includes clarifying the relevant concepts of judicial sale,clarifying the effect of judicial sale of ships in China,and improving the ship arrest system in China.The procedure part includes the supplement of the pre-sale and postsale procedure.In summary,the purpose of the dissertation is to take the validity provisions of Article 4 of the Beijing Draft as the basis and consider the current disputes against the provision.On the one hand,it analyzes the reasons for the validity of the provision and,on the other hand,draws on the relevant provisions for the judicial sale of ships in China.Make additional recommendations.