By J. P. M. de Koning (auth.), Lennart Hagberg (eds.)
1t offers me nice excitement as Chairman of the part on enterprise legislation to jot down a foreword to this, the second one quantity in a sequence of books on Maritime legislations. quantity I handled 'Arrest of Vessels' and the stay ing topics tobe coated are 'Mortgages of Vessels' and 'Registration of Vessels'. the 1st quantity has proved such a lot profitable and plenty of attorneys have testified to its functional worth. i'm yes that this moment quantity could have an both hot welcome. The sequence is the foundation of Lennart Hagberg, the Chairman of the part on enterprise Law's Committee on Maritime and delivery legislation. either he, and the individuals to the sequence who're all individuals of that Committee, are busy practicing attorneys, and it's only via making sacrifices that they've been capable of upload this extra job to their already heavy commitments. particularly, Lennart Hagberg's job as editor has concerned a huge quantity of labor and i'm such a lot thankful to him and bis fellow-contributors for all that they've performed. may perhaps I want this e-book and people following it each success.
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Additional info for Maritime Law Volume II Enforced Sales of Vessels
It must, however, be noted in this context that the creditors in such a situation are jointly liable to other creditors who have duly filed their claims and who were not present and who did not participate in that decision. Appeal Proceedings An appeal can be made to the Courts in respect of the decisions made by the authority in charge of the sale. International Conventions Finland has ratified the 1967 Convention. Jacques Villeneau France Grounds for an enforced Safe A judgment from the Tribunal de Grande Instance is necessary to obtain an enforced sale of a vessel (Article 36 decret of the 27th October 1967).
327) provides for a special procedure for enforcement in respect of ships. Such procedure differs in some ways from the normal one following the Code of Civil Procedure. The enforced sale of a ship is a stage of that procedure, and must be preceded by many formalities, which are a condition precedent. ) is necessary for proceeding to the enforcement, contrary to the 'arrest' of the ship, which can be, and is normally given before such an enforceable title is in existence. When a ship is under arrest, the Creditor can ask for her sale after obtaining an enforceable title.
Within eight (8) days from the service of the above invitation every interested party can file a caveat against the Iist of classification copy of which is served within the sametime on the Notary and is directed against the creditors whose classification is disputed, as to the class, amount and validity of claim etc. b. Doctrine of priorities All claims have not the same rank. The types of claim may be distinguished according to their ranking. I. Maritime privileges or Liens According to the Greek Code of Private Maritime Law certain claims are privileged or give a right to what we can call a 'statutory maritime lien' attaching to the ship and the freight and rank as follows irrespective of the time they were created: (i) Legal costs incurred in the common interest of the creditors, dues and charges to which the ship is subject, the taxes relevant to the navigation as well as the expenses for the custody and maintenance of the ship from her arrival at the last port.
Maritime Law Volume II Enforced Sales of Vessels by J. P. M. de Koning (auth.), Lennart Hagberg (eds.)