n maritime law, the judicial sale of ships is a fundamental issue, given that it represents an
effective legal tool for real rights protection associated to ships, this type of sale represents an exceptional
legal procedure and includes within its scope the enforcement procedure on assets of a maritime nature,
this is due to the special status that ships occupy in the structure of maritime law, practical reality
highlights the vitality of the judicial sale of ships, in many cases, the judicial sale of ships constitutes an
inevitable solution to end disputes related to maritime debts, the most significant problem is the absence
of internationally unified rules for recognizing the effects of this sale, which has led to a state of legal
uncertainty that has a negative impact on maritime financing. Through study and analysis, the researcher
attempts focused on demonstrating the importance of this sale in achieving legal stability for maritime
trade by clarifying its theoretical dimensions and practical provisions in Egyptian and international
maritime law, the researcher also sought to demonstrate the role of this sale in supporting confidence in
maritime transactions, leading to highlighting its contribution to protecting commercial interests,
facilitating the movement of international trade, considering this sale as a fundamental pillar to ensure
the continued growth of the global maritime economy, This research addresses these topics through two
Sections:The first section discussed " the concept of the judicial sale of ships and its legal nature through:
Egyptian legislation and some international agreements".The second section discussed "the importance
of judicial sale in the stability of maritime trade".At the end of this study, a set of conclusions were
reached, which clarified that the judicial sale of ships is not merely a legal means of enforcement on a
ship, but rather a fundamental pillar for enhancing confidence in the maritime sector, while ensuring the
flow of international maritime trade. This calls for continued legislative and judicial efforts to develop
such a system so that it keeps pace with global commercial developments, while achieving a balance
among the conflicting interests of the relevant parties. |
