New PDF release: Judicial Sales of Ships: A Comparative Study

By Lief Bleyen

This paintings specializes in a selected point of the enforcement of maritime claims, particularly judicial revenues of ships, a technique collectors quite often inn to within the occasion of an irreversible default scenario. a considerable a part of the e-book methods the subject from a comparative viewpoint, the objective being to evaluate the similarities and ameliorations of the judicial sale strategy among 3 particular jurisdictions: Belgium, the Netherlands, and England & Wales. during this learn, the comparability is used to additional examine the affects of those modifications 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 attractiveness. contemplating the overseas personality regular of judicial revenues of ships, conflict-of-law questions are in all probability to come up in the course of those systems. therefore, the comparative examine, the place applicable, is considered opposed to a personal foreign legislation historical past.

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2. Brussels I Recast, art. 1(b). The service of documents within the EU must comply with the Council Regulation (EC) No 1393/2007 of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, Official Journal (2007) L 324/79. Compliance is required with the 1965 Hague Service Convention as well. 107 Brussels I Regulation, art. 45 juncto art. 4. Also the existence of earlier foreign non-European decisions on the same matter forms a ground for refusing enforcement, provided of course that the earlier judgment fulfils the conditions necessary for its recognition in the Member State addressed.

Moreover, the Convention does not regulate when exactly international service is needed. 61 Thus, when a certain domestic law lacks provisions on the service of, for example, a court order for judicial sale, the Convention will evidently not come into action. B. European Framework I. 65 The Brussels I Regulation and its recent Recast are the latest generation of efforts in the field of harmonising rules concerning the jurisdiction, recognition and enforcement of judgments in civil and commercial matters in the EU.

I. 19 2. 21 The maritime-law-related content of this Code, largely based on the Ordonnance sur le commerce des mers of 1671, was replaced by the new Belgian Maritime Code in 1879,22 still in force at present. 26 Today, the 18 The Constitution, however, does not explicitly point out that monism prevails. However, Since the Constitution’s amendment to its article 34 on 20 July 1970, transferring certain powers to international and supranational institutions, it can be argued that monism is implied.

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