• Title/Summary/Keyword: Forced Sale by Auction

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The Ship in the New Saudi Commercial Maritime Law

  • BOUZIR, Saoussen
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.175-182
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    • 2022
  • The new commercial maritime law in the Kingdom came comprehensive and detailed for all topics related to commercial maritime navigation, thus responding to most of the problems that arise in the field, specifically regarding the ship as the focus of the rules of maritime law. This system defines the ship in law, regulates its civil status, determines how to name it, determine its domicile, and the conditions for acquiring Saudi nationality. It also contained a regulation of the rights granted to ships by ownership, as well as their lease and mortgage, the mechanism of attachment to them to settle debts and the rights in kind dependent on them and controlling the rights of third parties on ships and the procedures for forcibly selling them from precautionary seizure and executive seizure and then forced sale in public auction. Until this research was an effort to present a clear picture about the legal system of the ship in the new Saudi commercial maritime system and confirming the extent of the success of the Saudi legislator with the ship system in highlighting the legal frameworks for this facility prepared for maritime navigation.

Injunctive Effect of Provisional Seizure and Legal Superficies according to the Custom -Supreme Court Decision 2010Da52140 delivered on October 18, 2012- (가압류의 처분금지효와 관습상 법정지상권 -대법원 전원합의체 2012. 10. 18. 선고 2010다52140 판결-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.223-233
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    • 2013
  • As the injunctive effect on the real estate gets announced in public once the seizure register gets exercised in terms of auction and the action of disposal by the real estate owner afterwards becomes nullified in the relationship with a seizure creditor or a successful bidder, the register performed by the cause of disposal action that cannot confront with the seizure or provisional seizure, becomes cancelled in virtue of a registration officer's office. Accordingly, in case of being a singular successor who relatively loses property in a relationship toward the successful bidder due to the injunctive effect of provisional seizure, the identity with building owner and land owner as the precondition of establishing legal superficies according to the custom must be decided based on the time of provisional seizure. The Supreme Court Decision 2010Da52140 delivered on October 18, 2012 has great significance from the fact that it has settled inconsistency in existing precedent cases with such purpose.