执行程序中扣押船舶法律问题

通过对船舶扣押过程中常见问题的探讨,提出执行中扣押船舶不适用《中华人民共和国海事诉讼特别程序法》;扣押船舶的效力及于船舶整体,包括属具;执行中不宜活扣船舶。同时对查封冻结登记手续与实际扣押船舶之间的效力冲突、挂靠船舶的扣押、已转让未过户船舶的扣押作了研究,对扣押船舶过程中登记部门协助执行事项提出见解。

Legal issues of vessel distrainment in execution

This article discusses the general problems arisen in the practice of vessel distrainment.It is wrong to apply Maritime Procedure Law of the People’s Republic of China in distrainment.The effectiveness of distrainment comes down to the total vessel involving fittings.It isn’t proper to control the vessel just on register in execution.This article also makes a study on the conflict of effectiveness between distrainment in practice with procedures of sequestration and gelation,distrainment of the vessel which belongs to someone on the surface and distrainment of the vessel which has been transferred but hasn’t been registered.In the meantime,this article raises some helpful opinions on assisting distrainment by registration authority.