BWBV0007174
Artikel 2
Verdrag van de Verenigde Naties inzake de internationale gevolgen van de gerechtelijke verkoop van schepen
For the purposes of this Convention:
a) “Judicial sale” of a ship means any sale of a ship: (i) Which is ordered, approved or confirmed by a court or other public authority either by way of public auction or by private treaty carried out under the supervision and with the approval of a court; and
(ii) For which the proceeds of sale are made available to the creditors;
(i) Which is ordered, approved or confirmed by a court or other public authority either by way of public auction or by private treaty carried out under the supervision and with the approval of a court; and
(ii) For which the proceeds of sale are made available to the creditors;
b) “Ship” means any ship or other vessel registered in a register that is open to public inspection that may be the subject of an arrest or other similar measure capable of leading to a judicial sale under the law of the State of judicial sale;
c) “Clean title” means title free and clear of any mortgage or hypothèque and of any charge;
d) “Mortgage or hypothèque” means any mortgage or hypothèque that is effected on a ship and registered in the State in whose register of ships or equivalent register the ship is registered;
e) “Charge” means any right whatsoever and howsoever arising which may be asserted against a ship, whether by means of arrest, attachment or otherwise, a nd includes a maritime lien, lien, encumbrance, right of use or right of retention but does not include a mortgage or hypothèque;
f) “Registered charge” means any charge that is registered in the register of ships or equivalent register in which the ship is registered or in any different register in which mortgages or hypothèques are registered;
g) “Maritime lien” means any charge that is recognized as a maritime lien or privilège maritime on a ship under applicable law;
h) “Owner” of a ship means any person registered as the owner of the ship in the register of ships or equivalent register in which the ship is registered;
i) “Purchaser” means any person to whom the ship is sold in the judicial sale;
j) “Subsequent purchaser” means the person who purchases the ship from the purchaser named in the certificate of judicial sale referred to in article 5;
k) “State of judicial sale” means the State in which the judicial sale of a ship is conducted.
a) “Judicial sale” of a ship means any sale of a ship: (i) Which is ordered, approved or confirmed by a court or other public authority either by way of public auction or by private treaty carried out under the supervision and with the approval of a court; and
(ii) For which the proceeds of sale are made available to the creditors;
(i) Which is ordered, approved or confirmed by a court or other public authority either by way of public auction or by private treaty carried out under the supervision and with the approval of a court; and
(ii) For which the proceeds of sale are made available to the creditors;
b) “Ship” means any ship or other vessel registered in a register that is open to public inspection that may be the subject of an arrest or other similar measure capable of leading to a judicial sale under the law of the State of judicial sale;
c) “Clean title” means title free and clear of any mortgage or hypothèque and of any charge;
d) “Mortgage or hypothèque” means any mortgage or hypothèque that is effected on a ship and registered in the State in whose register of ships or equivalent register the ship is registered;
e) “Charge” means any right whatsoever and howsoever arising which may be asserted against a ship, whether by means of arrest, attachment or otherwise, a nd includes a maritime lien, lien, encumbrance, right of use or right of retention but does not include a mortgage or hypothèque;
f) “Registered charge” means any charge that is registered in the register of ships or equivalent register in which the ship is registered or in any different register in which mortgages or hypothèques are registered;
g) “Maritime lien” means any charge that is recognized as a maritime lien or privilège maritime on a ship under applicable law;
h) “Owner” of a ship means any person registered as the owner of the ship in the register of ships or equivalent register in which the ship is registered;
i) “Purchaser” means any person to whom the ship is sold in the judicial sale;
j) “Subsequent purchaser” means the person who purchases the ship from the purchaser named in the certificate of judicial sale referred to in article 5;
k) “State of judicial sale” means the State in which the judicial sale of a ship is conducted.
- Citeren als
- Art. 2
- Status
- Geldend recht
- Identificatie
- BWBV0007174
- Officiële bron
- wetten.overheid.nl