从境外购买司法拍卖船舶的法律风险防范和应对措施——以一次意大利法院司法出售的经历为视角

Measures against legal risks in respect of purchasing vessel from foreign judicial sale—From perspective of experience in an Italian juridical sale

在境外购买司法拍卖的二手船舶存在一定风险,买方需要提前了解和防范。借一次境外司法出售的经历并结合有关国内法和国际公约(包括草案)对相关风险作出梳理,并提出应对措施,包括应对交易进行合法性调查,做好各项准备工作,按当地法院程序参加拍卖、成交后及时支付价款而避免违约,尽快完成船舶的解除抵押,避免船舶留置风险,以及提交有关司法出售的证据并完成登记。

There are certain risks when purchasing ships in judicial sale abroad,and thus the buyer needs to know them and take precautions in advance.The author uses the experience of an Italian judicial sale and combines relevant domestic laws and international conventions(including draft convention)to sort out the relevant risks,and propose responsive measures including that the legality of the transaction should be investigated;well preparations should be made;the buyer must participate in the auction in accordance with the procedures of the local court and pay the price in time,so as not to commit of breach the contract;ship mortgage should be lifted as soon as possible;the risk of possessory lien on the ship should avoided;well prepared evidence of judicial sale should be submitted for new ship registration.