Draft Convention on the Judicial Sale of Ships: A Chance for the Revolutionary Use of the Internet for Notification and other Issues
Draft Convention on the Judicial Sale of Ships: A Chance for the Revolutionary Use of the Internet for Notification and other Issues
Author(s): Petar KragićSubject(s): Law, Constitution, Jurisprudence, Communication studies, Theory of Communication, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: Convention on judicial sale of ships; notification; claims by public authorities; legal remedies; balance of interests;
Summary/Abstract: The article gives an overview of the current draft of the Convention on the judicial sale of ships, which since the beginning of drafting has struggled to reach a compromise between, on the one hand, protection of the purchaser’s interest for undisturbed ownership of the ship and, on the other hand, protection of the creditors’ interests through a fair judicial sale process respecting basic legal principles.The matters under scrutiny are notification and the status of public and legal remedies available to the aggrieved parties. The article deals with proposals which, had they been accepted, might have achieved a more suitable balance of interests.
Journal: Poredbeno pomorsko pravo
- Issue Year: 61/2022
- Issue No: 176
- Page Range: 745-776
- Page Count: 32
- Language: English