By Lief Bleyen

This paintings specializes in a selected point of the enforcement of maritime claims, specifically judicial revenues of ships, a technique collectors as a rule inn to within the occasion of an irreversible default state of affairs. a considerable a part of the ebook ways the subject from a comparative standpoint, the target being to evaluate the similarities and modifications of the judicial sale approach among 3 particular jurisdictions: Belgium, the Netherlands, and England & Wales. during this examine, the comparability is used to extra examine the affects of those adjustments at the effectiveness and reliability of the judicial sale method in every one jurisdiction and likewise varieties the root for assessing the feasibility of harmonising judicial sale methods and fostering their popularity. contemplating the foreign personality usual of judicial revenues of ships, conflict-of-law questions are potentially to come up in the course of those techniques. as a result, the comparative examine, the place applicable, is considered opposed to a personal foreign legislations history.

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Additional info for Judicial Sales of Ships: A Comparative Study

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1. ‘Member states’ in the Regulations includes all Member States except Denmark. 117 Actions or omissions in exercise of state authority. 118 2007 Service Regulation, art. 2. 119 Alder v. Sabina Orlowski and Czeslaw Orlowski (C-325/11) [2012] not yet published (ECJ court reports general) para 22–25. 120 Opinion of Advocate General Bot, delivered on 20 September 2012 in Case C-325/11, para 31. 121 Alder v. Sabina Orlowski and Czeslaw Orlowski (C-325/11) [2012] not yet published (ECJ court reports general), para 32.

Art. 3 (a)–(c). , art. 14. , art. 13. , art. 15. , arts. 5 & 8. , art. 9. , art. 11. 131 In Belgium, for example, the executory arrest, conditions of sale and minutes of adjudication will have to be served on the relevant parties. For the relevant provisions see national report on Belgium. 132 This is true given that the exceptions to the applicability of the Regulation, provided for in art. 1 (2) are not applicable. Different than the Hague Service Convention, the ECJ case law concerning the Service Regulation does not allow fictitious service to replace service abroad.

Art. 15. , art. 16. 58 See infra Chapters 3–5 for national reports. 59 As will be discussed in the national reports, the defendant debtor is not always the ship-owner. 60 Compare for example Brussels I Regulation, art. 45 juncto art. 2. Brussels I Recast, art. 1 (b). ” See also Scania Finance France SA v. ” 55 18 2 Existing International and European Legal Framework for Judicial Sales of Ships of a particular judicial or extrajudicial document is required. Moreover, the Convention does not regulate when exactly international service is needed.

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