By Lief Bleyen
This paintings specializes in a particular point of the enforcement of maritime claims, specifically judicial revenues of ships, a approach collectors often hotel to within the occasion of an irreversible default scenario. a considerable a part of the e-book techniques the subject from a comparative point of view, the aim being to evaluate the similarities and transformations of the judicial sale process among 3 particular jurisdictions: Belgium, the Netherlands, and England & Wales. during this learn, the comparability is used to extra examine the affects of those adjustments at the effectiveness and reliability of the judicial sale method in each one jurisdiction and likewise varieties the foundation for assessing the feasibility of harmonising judicial sale techniques and fostering their attractiveness. contemplating the foreign personality usual of judicial revenues of ships, conflict-of-law questions are probably to come up in the course of those tactics. for this reason, the comparative research, the place acceptable, is considered opposed to a personal foreign legislation heritage.
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Additional resources for Judicial Sales of Ships: A Comparative Study
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44 This allows for fictitious service that aims at avoiding service abroad by inventing different methods of service taking place within the proper boundaries of the state from where the document originates. For example, the ‘remise au parquet’ in France enables the authorities to have the document served by the French prosecutor, avoiding international service. 45 1965 Service Convention, art. 1. , art. 2. , art. 3. This model form consists of three parts: a request for service addressed to the Central Authority, a certificate confirming whether the documents have been served or not, and a summary of the document to be served.
Net -> Conventions -> Service section -> Actes et document de la Dixie`me session (1964), Tome III, Notification, p 391. 40 See for example the 1965 Convention’s predecessor: Convention relative a la proce´dure civile, 17 July 1905, LNTS, Vol. 51, p 2271. net -> Conventions -> Status Charts. 2014. The Member States of the EU, except Austria, are also parties to the Convention but as between the EU 16 2 Existing International and European Legal Framework for Judicial Sales of Ships 2. 49 In comparison to other methods of transmission used, such as letters rogatory,50 this main method of transmission proposed by the Convention simplifies the means to effect service of documents in other contracting states.
15 August 1980 (Special law for the Reform of Institutions) in combination with the contradictory rulings of the legislation section of the Council of State of Belgium and the Constitutional Court of Belgium. 14 E. Van Hooydonk, Schip van staat met slagzij [Antwerp, 2006] 125–129. 15 Ratified by Belgium on 2 June 1930. For a full list of ratifications see CMI Yearbook 2009, Part III Status of ratifications to maritime Conventions, p 450. 2014). This Convention is not further addressed in this research since state-owned ships are excluded from the scope.
