根据中国最新海事法规提出的“能扣就能卖”的处理原则,无辜船东恐将因租家惹出的纠纷而丢船。
自3月1日开始,债权人根据海事诉请针对光船承租人实施扣船,并申请拍卖船舶用于清偿相关债务的,海事法庭将予以准许。值得注意的是,即便索偿纠纷与船舶的注册船东无关,也同样适用。
这是由最高人民法院颁布的最新法规,官方称之为司法解释,定于3月1日起实施。
详细信息请参阅附件。
Bareboat ships under threat of auction in China
Innocent owners could lose their ships to court auctions over their charterers’ disputes, under China’s new maritime legal doctrine of ‘if you can arrest it, you can auction it’
From 1st March, creditors can arrest ships over maritime claims against bareboat charterers and Chinese courts can order the arrested ships to be auctioned, even if the claims have nothing to do with the registered owner of the vessel.
That is the result of a fresh ruling by China’s highest judicial organ, the Supreme People’s Court (SPC). The ruling, officially known as a judicial interpretation, was issued over the weekend and took effect as of 1 March.
See attached file: Bareboat ships under threat of auction in China.pdf

