Marine vessel in bankruptcy proceedings Cover Image

Statek morski w postępowaniu upadłościowym
Marine vessel in bankruptcy proceedings

Author(s): Joanna Kruczalak-Jankowska
Subject(s): National Economy, Penal Policy
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: marine; vessel; bankruptcy; register; ships;

Summary/Abstract: The article is devoted to the legal situation of a marine vessel in the bankruptcy proceedings. Similar to the enforcement proceedings, the situation of a vessel depends largely on its legal status, for example whether it is registered in the register of ships or not. The bankruptcy and restructuring law provides a different mode of sale in the liquidation of the bankruptcy estate with respect to a ship entered in the register of ships than in case of other movable properties. The act also repeatedly uses the term “maritime mortgage". Bankruptcy does not deprive the mortgage (including, of course, maritime mortgage) of its protective function. In this respect, however, distinct features of maritime mortgage can be noticed, as marine vessels can also be burdened with a lien or marine privileges.

  • Issue Year: 2014
  • Issue No: XXXII
  • Page Range: 185-196
  • Page Count: 12
  • Language: Polish