Abstract
In this article, the responses of the various national Maritime Law Associations to the fourth group of questions (Recognition of legal effects of foreign judicial sales of ships") of the CMI Questionnaire in respect of recognition of foreign judicial sales of ships are analyzed and commented upon. Aspects discussed include: -"Object of recognition", - "Meaning of 'recognition of legal effects', - "Legal effects of a foreign judicial sale", - "Conditions for recognition o foreign judicial sales", -"Application to competent court in country of recognition", - "Authentic court document evidencingthe judicial sale", - "Scrutiny of court proceedings leading up to the foreign judicial sale", - "Conflicting decisions", -"Public order exception", -"Reciprocity in recognition", - "Finality and binding force", -"Jurisdiciton over challenges of the foreign judicial sale of a ship by interested parties such as the previous ship-owner and holders of maritime liens and mortgages", - "Applicable law to the substantive issues of the dispute in such a challenge of a foreign judicial sale of a ship", -"Deletion of entry in ship's register upon notice of a foreign judicial sale of a ship", -"Entry in a ship's register of a ship sold by foreign judicial sale".
| Original language | English |
|---|---|
| Title of host publication | CMI Yearbook 2010 |
| Place of Publication | Antwerp |
| Pages | 225-234 |
| Publication status | Published - 24 Oct 2010 |
Research programs
- SAI 2005-01 LM