试论光船租赁船舶执行评估拍卖的可行性——兼论《最高人民法院就船舶扣押与拍卖司法解释公开征求意见稿》第三条

在最近公布的《最高人民法院就船舶扣押与拍卖司法解释公开征求意见稿》中,针对海事司法中船舶扣押与拍卖中的突出问题提出了众多大胆的想法,将光船承租人租赁的船舶纳入拍卖的标的,无疑是一项重大的突破,光船承租运输在现今海运当中比比皆是,船东的外延越来越大,光船承租人独立于船舶出租人成为托运人而与承运人签订海运合同,对推动海运发展和繁荣意义重大。但是,光船承租人往往由于自身经济实力所限,在面临航运纠纷和船员劳务纠纷时,往往面临资不抵债的局面,将光船承租人承租的船舶纳入承租人的偿债财产范围内,对维护承运人的合法权益,保障海事司法的效果,推动海运行业健康发展意义重大。

On the Possibility of Implementing Evaluation and Auction to Bareboat-Chartered Ships

The recently announced Public Draft of Judicial Interpretations on the Arrest and Auction of Ships by the Supreme People＇s Court has put forward some b reakthrough ideas as to the tough issues of the arrest and auction of ships occurring in maritime justice and taking the bareboat - chartered ships as the subject matter of auction is no doubt one of the biggest breakthroughs. Bareboat charter is common in ocean transportation. The extension of ship - owners tends to become larger and larger. The renter of bareboat is independent of the ship - owner and becomes the consigner to sign contract of ocean carriage with the assignee, which is of great significance to accelerate the development and prosperity of ocean transportation. However, the renter of bareboat is often faced with the situation of insolvency and economic disputes due to the render＇s poor economic scope of renter＇s property can help to maintain the legal rights of the assignee, tice and accelerate the sound development of ocean transportation. strength. Taking the bareboat as the guarantee the effect of maritime justice and accelerate the sound development of ocean transportation.