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    What Should We Pay Attention To When We Sell A Ship?

    2010/10/19 17:08:00 91

    Maritime Court Ruling On Ship Auction

    If an applicant applies for auction of a ship, he shall arrest the ship.

    Maritime court

    Initiate and submit

    Auction of ships

    Application.

    After receiving the application for auction of a ship, the maritime court shall seriously examine the matter and make timely approval or disapproval of the auction.

    Written verdict

    。

    The ruling shall be approved by the president.

    If a party refuses to accept the ruling, he may apply for reconsideration once. During the reconsideration period, the execution of the ruling shall not be suspended.

    The cost of auctioning the ship is paid by the respondent.

    If an applicant applies for auction of a ship, he or she shall pay the ship's charge in advance, and the application shall not be granted without advance payment.


    Procedures for auction of ships


    After the ship is seized, the applicant will bring a lawsuit to the ship, and the arrest of the ship shall be automatically pferred to the litigation preservation before the preservation of the case, and the arrest of the ship shall not be subject to the time limit for the arrest of the ship before litigation.

    If the owner of the ship refuses to provide sufficient and reliable guarantee at the expiration of the statutory period, or if the ship's own parts and equipment are not suitable for further seizure, the maritime court shall auction the seized ship according to the legal procedures of the applicant.

    The owner of the ship that has been auctioned must be the defendant and is indeed responsible for the maritime claim.


    If an applicant applies for auction of a ship, he shall bring a suit to the maritime court that seized the ship and submit an application for auction of the ship.

    After receiving the application for auction of a ship, the maritime court shall conduct a careful examination and make a written order for granting or disapproving the auction in time.

    The ruling shall be approved by the president.

    The applicant is responsible for compensation for the loss caused by an application for auction.

    After the application for auction of the ship is submitted, the applicant again asks for the termination of the auction of the ship, and whether it is permitted or not shall be ordered by the maritime court.

    If the application is terminated, the applicant shall bear all the expenses incurred during the preparatory stage of the auction.

    If no permission is granted, the application shall be rejected.

    The cost of auctioning the ship is paid by the respondent.

    If an applicant applies for auction of a ship, he or she shall pay the ship's charge in advance, and the application shall not be granted without advance payment.

    {page_break}


    Notice of auction of ships


    If a maritime court decides to allow a ship to be auctioned, it shall issue a notice of sale to the registration authority of the ship auction country, the registered maritime lien, the mortgage-holder and the registered ship owner.

    The contents of the notice include the time and place to auction the ship, the reason and basis for auction of the ship, etc., in written form, and with the receipt of the mail or any electronic or other appropriate means that can confirm the receipt, the 30 person before the auction is sent to the known foregoing person.

    The auction of ships by the maritime court shall be announced 3 days in the main newspapers and local newspapers and periodicals published in China.

    The announcement should include the following contents: 1. The reason and basis for auction of the ship; 2. The establishment of the auction ship committee is responsible for selling the ship matters; 3, the time, place and contact method of the auction; 4.


    According to the provisions of the Supreme People's Court on the payment of debts by a maritime court auction of seized ships, the maritime court shall publish a notice in the newspapers and Periodicals after the completion of the auction, indicating that the ship has been publicly sold to the buyer, and the ownership and risks of the ship have been pferred since the handover. The buyer shall not be liable for any debts before the pfer of the ship, and the original owner of the ship shall cancel the registration with the original registration authority.


    How does the buyer handle the handover procedure?


    According to the provisions of the special procedures law of the People's Republic of China on maritime litigation, the buyer shall deliver the price of ship at no less than 20% immediately after signing the confirmation of the auction paction, and the rest of the price shall be paid within 7 days of the date of the paction, except that the ship auction committee and the buyer otherwise have agreed.

    After the buyer has paid the full price, the original shipowner shall pfer the ship to the buyer in the ship's berth within the specified time limit.

    The ship auction committee shall organize and supervise the pfer of the ship, and sign the confirmation of the pfer of the ship with the buyer after the pfer of the ship.

    Upon completion of the pfer of the ship, the maritime court issued the order to remove the ship.

    After the pfer of the ship, the maritime court shall issue a notice through newspapers or other news media, and announce that the ship has been publicly sold and handed over to the buyer.

    After receiving the ship, the buyer shall register with the shipping registration authority with the confirmation of the auction paction and related materials.

    The original shipowner shall handle the cancellation of registration of ship ownership with the original ship registration authority.

    If the original ship owner fails to cancel the registration of ship ownership, it will not affect the pfer of ownership of the ship.

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