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No.8 of Ten Model Maritime Trial Cases Published by the Supreme People's Court in 2017: Case about application by the Maritime Safety Administration of Wenzhou City for determining unclaimed property (Case about application by the Maritime Safety Administration of Wenzhou City for determining unclaimed property)
最高人民法院发布2017年度十件海事审判典型案例之八:温州海事局申请认定财产无主案
【法宝引证码】

No.8 of Ten Model Maritime Trial Cases Published by the Supreme People's Court in 2017: Case about application by the Maritime Safety Administration of Wenzhou City for determining unclaimed property 最高人民法院发布2017年度十件海事审判典型案例之八:温州海事局申请认定财产无主案
[Basic Facts] 基本案情
On October 20, 2016, the Maritime Safety Administration of Wenzhou City received a report and found a ship aground in the downstream of Ouyue Bridge. It was found that the ship carried oil and there were no certificate or logo, or crew on board. After the rescue, the Maritime Safety Administration of Wenzhou City refloated the ship on the same day and transferred it to the dock, with the oil carried by the ship transferred for storage. Upon further investigation, neither the ship owner nor its crew were found, the ship in distress had no certificate or identity logo, the ownership of the ship failed to be verified, and no one claimed rights. Therefore, the Maritime Safety Administration of Wenzhou City filed an application with the Ningbo Maritime Court for determining unclaimed property. 2016年10月20日,温州海事局接到报警,在瓯越大桥下游发现一艘船舶搁浅。经查,该船装载有燃料油,无证书或标识,也无船员在船。经救助,温州海事局于当天将船舶脱浅后转移至船坞内,船上油品转驳存放。经进一步调查,未找到该船船东或船员,遇险船舶也无任何证书或身份标识,船舶所有权情况无法证实,也无任何人主张权利。温州海事局遂向宁波海事法院申请认定财产无主。
[Judgment] 裁判结果
After docketing the case on file and accepting it, the Ningbo Maritime Court issued an announcement on property claim. Since the period of the announcement on unclaimed property was one year, if the ship and the oil carried by it were stored for a long term, the storage costs would be incurred steadily and property depreciation would be caused. The Maritime Safety Administration of Wenzhou City filed an application for auctioning the unknown ship and oil carried by it in advance and the proceeds would be retained. The Ningbo Maritime Court ruled to permit such application and the unknown ship and the oil carried by it were auctioned at prices of CNY107,000 and CNY624,000. After the unknown ship involved was bought by the buyer, it was dismantled under the supervision of the Maritime Safety Administration of Wenzhou City. After the period of announcement was expired, since the ship was unclaimed, the Ningbo Maritime Court rendered a judgment according to the law and determined that the ship involved and oil carried by it were unclaimed property and the remaining proceeds from the auction after the deduction of costs incurred from announcement, assessment as well as storage and auction were owned by the state. 宁波海事法院立案受理后,发出财产认领公告。因认定财产无主公告期为1年,船舶及船载油品长期存放,将持续发生保管费用,造成财产贬损,温州海事局申请提前拍卖无名船舶及船载油品,保留所得款项。宁波海事法院裁定予以准许,无名船舶及油品各以人民币10.7万元和62.4万元拍卖成交。涉案无名船舶由买受人买受后,在温州海事局的监督下被拆解处理。公告期满后,因无人认领,宁波海事法院依法作出判决,认定涉案船舶及船载油品为无主财产,拍卖所得价款在扣除公告、评估以及保存、拍卖费用后,余款收归国家所有。
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