BWBV0007174
Artikel 5
Verdrag van de Verenigde Naties inzake de internationale gevolgen van de gerechtelijke verkoop van schepen
1. Upon completion of a judicial sale that conferred clean title to the ship under the law of the State of judicial sale and was conducted in accordance with the requirements of that law and the requirements of this Convention, the court or other public authority that conducted the judicial sale or other competent authority of the State of judicial sale shall, in accordance with its regulations and procedures, issue a certificate of judicial sale to the purchaser.
2. The certificate of judicial sale shall be substantially in the form of the model contained in annex II and contain:
a) A statement that the ship was sold in accordance with the requirements of the law of the State of judicial sale and the requirements of this Convention;
b) A statement that the judicial sale has conferred clean title to the ship on the purchaser;
c) The name of the State of judicial sale;
d) The name, address and the contact details of the authority issuing the certificate;
e) The name of the court or other public authority that conducted the judicial sale and the date of the sale;
f) The name of the ship and registry of ships or equivalent registry with which the ship is registered;
g) The IMO number of the ship or, if not available, other information capable of identifying the ship;
h) The name and address of residence or principal place of business of the owner of the ship immediately prior to the judicial sale;
i) The name and address of residence or principal place of business of the purchaser;
j) The place and date of issuance of the certificate; and
k) The signature or stamp of the authority issuing the certificate or other confirmation of authenticity of the certificate.
3. The State of judicial sale shall require the certificate of judicial sale to be transmitted promptly to the repository referred to in article 11 for publication.
4. The certificate of judicial sale and any translation thereof shall be exempt from legalization or similar formality.
5. Without prejudice to articles 9 and 10, the certificate of judicial sale shall be sufficient evidence of the matters contained therein.
6. The certificate of judicial sale may be in the form of an electronic record provided that:
a) The information contained therein is accessible so as to be usable for subsequent reference;
b) A reliable method is used to identify the authority issuing the certificate; and
c) A reliable method is used to detect any alteration to the record after the time it was generated, apart from the addition of any endorsement and any change that arises in the normal course of communication, storage and display.
7. A certificate of judicial sale shall not be rejected on the sole ground that it is in electronic form.
2. The certificate of judicial sale shall be substantially in the form of the model contained in annex II and contain:
a) A statement that the ship was sold in accordance with the requirements of the law of the State of judicial sale and the requirements of this Convention;
b) A statement that the judicial sale has conferred clean title to the ship on the purchaser;
c) The name of the State of judicial sale;
d) The name, address and the contact details of the authority issuing the certificate;
e) The name of the court or other public authority that conducted the judicial sale and the date of the sale;
f) The name of the ship and registry of ships or equivalent registry with which the ship is registered;
g) The IMO number of the ship or, if not available, other information capable of identifying the ship;
h) The name and address of residence or principal place of business of the owner of the ship immediately prior to the judicial sale;
i) The name and address of residence or principal place of business of the purchaser;
j) The place and date of issuance of the certificate; and
k) The signature or stamp of the authority issuing the certificate or other confirmation of authenticity of the certificate.
3. The State of judicial sale shall require the certificate of judicial sale to be transmitted promptly to the repository referred to in article 11 for publication.
4. The certificate of judicial sale and any translation thereof shall be exempt from legalization or similar formality.
5. Without prejudice to articles 9 and 10, the certificate of judicial sale shall be sufficient evidence of the matters contained therein.
6. The certificate of judicial sale may be in the form of an electronic record provided that:
a) The information contained therein is accessible so as to be usable for subsequent reference;
b) A reliable method is used to identify the authority issuing the certificate; and
c) A reliable method is used to detect any alteration to the record after the time it was generated, apart from the addition of any endorsement and any change that arises in the normal course of communication, storage and display.
7. A certificate of judicial sale shall not be rejected on the sole ground that it is in electronic form.
- Citeren als
- Art. 5
- Status
- Geldend recht
- Identificatie
- BWBV0007174
- Officiële bron
- wetten.overheid.nl