United Nations Convention on the International Effects of Judicial Sales of Ships. Judicial Sale of Ships on Course to Legal Certainty.

By Peter Laurijssen FICS

Publicado por elDial.com

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“Clearly, the certificate of judicial sale is the key to the Beijing Convention as it certifies the clean title that has been conferred by a judicial sale conducted in accordance with the provisions of the Convention and, where applicable, the law of the state of the judicial sale. Pursuant to Article 6, the judicial sale for which a certificate of judicial sale has been issued under the Convention, shall have effect in every other State Party. Thus, it could be said that the certificate acts as a passport for the ship to trade freely in all parties to the Convention. Gone are the issues of the past, where ship registries refused to recognize the validity, or the international effects of a judicial sale conducted in another state and consequently refused to deregister the ship from its old register. Gone are the complications when flag states refuse to enter a ship in its new registry at the request of a purchaser in a judicial sale saying that they don’t recognize the clean title conferred by the court in the state of the judicial sale. Article 7 sets out the actions to be taken by ship registries in State Parties, be it the ship’s old or new register or, as the case may be, any bareboat register, upon production of the certificate of judicial sale by the purchaser. Article 7 together with Article 8, which provides that, upon production of the certificate of judicial sale, applications brought before a court in a State Party to arrest a ship for a claim arising prior to a judicial sale shall be dismissed and that, if a ship is arrested for such a claim, the ship shall be released, constitute the very core and as a matter of fact the raison d’être of the Convention.”

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Términos mencionados en esta doctrina: judicial, convention, article, certificate, international, conferred, conducted, pursuant, register.