Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2013)
Enforceable sale of ship de lege ferenda
Abstract
The enforcement on the ship, due to the settlement of the monetary claims, is regulated in the Maritime code, section 9 (hereinafter referred to as MC), from the submission of the enforcement proposal to the enforcement of creditor’s liens. Some regulations have been updated and clarified with the entry into force of the latest amendment of the MC (Maritime Code), NN No. 56/13. However, these amendments have not significantly influenced the issues related to the overall enforcement proceedings, so some ambiguities which could create doubts in practice are still visible. Such situations have been presented and systematically analyzed in this thesis. The possible quality solutions, which would satisfy the demands of the modern maritime economy, have also been proposed in the thesis. The difficult position of the enforcement creditor becomes prominent after the enforcement resolution has been passed or received form the court and the enforcement proceedings have begun. This refers particularly to the issues of the unspecified costs which the enforcement creditor has to cover in the phase of the enforcement proceedings. The thesis also deals with the status analysis of the privileged creditor, who does not appear in the procedure as the enforcement creditor. Lack of information about him and his claims in the enforcement records and the problematic process of advertising sales are the circumstances which make his position extremely difficult. It is necessary to establish the inquest register of the ships under the enforcement, which will help interested parties to obtain relevant data. These are the facts that the legislator has to take into consideration in order to bring down the enforcement creditor’s difficult position to the extent of the efficient and fast payment of his undisputed claim based on the enforceable document.
