Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2014)
The jurisdiction and proceedings of the court in the process of forced sale of the ship – delege lata and solutions de lefe ferenda
Abstract
The jurisdiction and proceedings of the court in the process of forced sale of the ship are regulated by the provisions of articles 844.-847. of the Maritime Law of Croatia. Part of these provisions do not benefit to efficiency and the basic purpose of the procedure so there is a need for providing additional powers to the court by the legislature. It refers to the moment when the court should start with the implementation process of enforcement, which represents an important part of the whole process. This moment is the time for submission of proposals to the competent court for enforcement. Current legal legislations by which the court begins with the process of enforcement with the adoption of the receipt of the eviction order unnecessarily increases costs especially those who must endure the bailiff and the length of the procedure it self. Power of the court to begin with the implementation process of execution by filing an application for enforcement rather than adoption or receipt of a writ of execution in accordance with the currently applicable provisions raises the possibility that the costs of the procedure and the duration of the procedure are reduced to the reasonable framework. Enforcement court in practise only rarely rejects proposal for enforcement, so there is no valid reason that the legislator does not provide the implementation and enforcement in an earlier stage than it is specified in the provisions. The main goal of any enforcement proceeding, including the one on the boat, is fast and efficient collection of bailiff's undisputed claims, based on enforcement or authentic document whereby should take the account of elimination of unnecessary costs and debtor's rights. These costs in addition to court costs may occur from bailiff's application to find out the location of the ship, which is under enforcement, hence the court of competent jurisdiction for legal action. The effectiveness of the procedure contributed to the additional provisions governing the sanctions in certain cases for the participants and the process of the court in such a case.
