Title 4
in forceOf the judicial enforcement against ships and aircraft
Section 1
Of enforceable seizure of and execution against ships
In this Title, vessels shall also include vessels under construction.
Disputes arising in connection with an execution of ships may, in addition to the court designated in Article 438, paragraph 1, also be brought…
The arrest of ships must be preceded by a bailiff's writ served on the owner or the ship's manager (boekhouder), containing an order to satisfy the…
The seizure of ships shall be effected on board thereof. Article 444 shall apply mutatis mutandis.
The seizure shall be effected by a bailiff's official record (proces-verbaal) which, in addition to the usual formalities, shall contain on pain of…
The official record of the seizure of vessels entered in the public registers, as referred to in Section 2 of Title 1 of Book 3 of the Civil Code…
A seizure of ships that are not registered in the public registers, as referred to in Section 2 of Title 1 of Book 3 of the Civil Code, has the…
If one or more mortgages are encumbering a seized vessel that is registered in the public registers referred to in Section 2 of Title 1 of Book 3 of…
If several creditors have levied an arrest on the same ship, the enforcement shall take place at the instance of the person who levied the earliest…
The sale in execution shall take place before a competent notary, unless the enforcing party makes use of the power granted to him in Article 575 or…
No sale may take place until after the expiration of fourteen days after it has been made known by posting in accordance with local custom, which…
The postings and announcements referred to in Article 571 must contain:
If a sale takes place before a notary of a ship that is not registered in the public registers referred to in Section 2 of Title 1 of Book 3 of the…
In the case referred to in Article 573, Article 525, paragraphs 1 and 2, shall not apply, and the delivery shall be effected with the application of…
If the sale concerns a foreign seagoing vessel, it may also take place before the court in public session. The party seeking enforcement (executant)…
The sale shall be effected in the same manner as that of other movable property, if the attachment has been levied on:
The purchase price shall be deposited into the hands of the notary, the registrar or the bailiff, depending on whether the sale has taken place with…
By payment of the purchase price, or respectively the provision of security or the deposit in accordance with Article 577, paragraph 1, the ship is…
In the event of an execution by a mortgagee of a vessel entered in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil…
Articles 551-552 shall apply mutatis mutandis to the distribution of the proceeds, provided that the petition (verzoek) referred to in Article 552…
In the event that, in a forced sale of a ship for a single price, ship's appurtenances were also sold which, at the time of the sale, belonged to a…
The enforcement for the delivery of a vessel shall commence with an order as referred to in Article 563, which shall apply mutatis mutandis.
Section 2
Of enforceable seizure of and execution against aircraft
The definitions set forth in Article 1300 of Book 8 of the Civil Code shall also apply to the present Section.
The attachment of an aircraft registered in the public registers or in a treaty register must be preceded by a writ of a bailiff served on the party…
The bailiff shall levy the attachment at the place where the aircraft is located by means of a proces-verbaal which, in addition to the usual…
When an arrest has been levied on an aircraft that is registered in the public registers, the proces-verbal of the arrest shall be entered therein.
An alienation, encumbrance, or placing under administration effected after the registration in the public registers cannot be invoked against the…
The seizing creditor shall file with the court within the jurisdiction of which the aircraft is then located a copy of the official record of seizure…
The notifications pursuant to Article 584f, paragraph 3, shall comprise:
At the petition of the executant, the court may, even after the expiry of the period set by it pursuant to Article 584f, paragraph 2 under (c)…
After the expiry of the period set by the court pursuant to Article 584f, paragraph 2, under (c), or Article 584h, the supervisory judge…
The filing and notification referred to in Article 484 shall take place at least two weeks before the day fixed for the sale.
If, prior to the time of the sale, no objection has been made other than against rights and claims that rank after those of the party seeking…
Every creditor whose claim ranks higher on the list established by the delegated judge (rechter-commissaris) than that of the seizing creditor may…
The sale shall take place by way of an ascending-price auction (opbod) and subsequently by way of a descending-price auction (afmijning) before the…
The purchase price shall be paid within two days into the hands of the clerk of the court within whose jurisdiction the sale took place, or to a…
The buyer acquires the ownership of an aircraft registered in the register by the registration of the official record of adjudication (proces-verbaal…
Unless otherwise provided in the auction conditions, upon delivery to the buyer and payment of the purchase price, all rights encumbering an aircraft…
If the attachment and the enforcement have not taken place in accordance with this section, any person who has been prejudiced thereby may, within…
The enforcement for the delivery of an aircraft registered in the register or a treaty register shall commence with an order as referred to in…