论光租船舶被扣押后的拍卖及拍卖价款的分配

On the auction of bareboat chartered ships after arrest and the allocation of auction proceeds

海事请求人因船舶产生了针对光船承租人的债权,其能否申请海事法院扣押和拍卖船舶以清偿其债权,是否会侵害到船舶所有人的财产权?通过深入分析国内外不同时期法律间的不同规定的利弊,以及比较研究海事法律界对此的不同看法,结合海事司法界的审判实践,提出光租船舶被扣押后可以被拍卖及分配,但拍卖价款仅限于对具有船舶优先权、船舶抵押权和船舶留置权的债权进行分配,不得对扣船申请人针对光船承租人的普通债权进行分配的结论,并据此提出对相关法律条款的修改建议。

The paper discussed the issue whether or not the maritime claimant, who has creditor＇ s rights against the bareboat charterer in respect of the ship, has the right to apply to the maritime court for arrest and auction of the ship so as to realize its creditor＇s rights. If so, would filing such an application infringe upon the shipowner＇ s property rights？ In analyzing the merits and drawbacks of the legislation and different provisions provided by laws in different periods both domestically and in- ternationally, comparing the different points of view held by the maritime law circle, and taking into account maritime judicial practice, the paper draws the conclusion that the bareboat chartered ship could, after being arrested, be sold at auction and the proceeds could be allocated. However, the auction proceeds could only be allocated for the realization of the creditor＇ s rights related to an admiralty lien, ship mortgage and possessory lien on the ship, but not for the realization of ordinary credi- tor＇ s rights enjoyed by the applicant for the arrest of ship against the bareboat charterer. Based on such conclusion, the pa- per puts forward some recommendations on the amendments to relevant laws and regulations.