强制拍卖船舶中各方当事人法律关系分析

In forced sale ships all quarters litigant legal relationship analysis

海事法院在强制拍卖船舶中,涉及多方当事人,只有理顺其中的法律关系,方能明确各方的权利义务。然而,无论在理论还是实践中,有些问题仍争议颇大,如究竟谁是拍卖法律关系中的出卖人,被申请人是否需要承担物的瑕疵担保责任等,各方当事人的法律关系涉及到四个方面。

In the compulsory auction of ship by the admiralty court, several parties are involved, only straighten out the legal relationships among them can we specify all parties＇ rights and duties. However, no matter in the theory or the practice, there are still some greatly debatable problems, such as who is the seller, whether the person who was applied need assume the object＇s flaw assurance obligation, this thesis analyze all parties＇ legal relationships from four aspects.