Poredbena analiza uređenja nekih pitanja ovršne prodaje pomorskog broda
Comparative analysis regulating some questions regarding the enforcement sale of maritime ship

Summary/Abstract: Today’s maritime transport is characterized by a strong international element. Therefore, the court must determine the applicable law that is followed through enforcement on the maritime ship. Civil and common law have different interpretations of the legal nature of liens and court proceedings. This is especially true in the case of naval honours and privileges of their order of priority in the settlement, which also affects the status of other creditors, as it is settled before all other claims. In the world today, there is no global unified document that would regulate this matter. Not even the three international conventions that have dealt with the issues of liens so far, have achieved any greater success. This situation of unequal claims classification criteria creates legal uncertainty among stakeholders, especially among creditors. These facts are supported by numerous examples in international jurisprudence of enforcement courts in cases of settlement claims of creditors by forced sale of maritime ships. This situation points to the reasons for strengthening the tendency to harmonize the enforcement of international law as a reflection of efforts to eliminate the differences in the legislation of some countries. In that direction, the CMI (Comité Maritime International) was launched in order to create a unified document, which should regulate the recognition of foreign judicial sales of ships and certain related issues. The provisions of some states that establish an enforceable sale of a ship offered interesting solutions worth analyzing. Some of those provisions provide fertile ground for a high-quality supplement of provisions in the Maritime Code of the Republic of Croatia. Particularly interesting are those that regulate the auction sale of the ship and sanctions for malicious and illegal actions during execution.

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