Πτώχευση ναυτιλιακής εταιρείας: ιδιαίτερα ζητήματα ναυτικού δικαίου που επηρεάζουν τους ναυτικούς δανειστές – Η περίπτωση της Hanjin Shipping Co, Ltd.
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Keywords
Πτώχευση ; Ναυτικά προνόμια ; Hanjin ; Ναυτικοί πιστωτές ; Πρότυπος νόμος UNCITRALAbstract
The purpose of this study is to analyze the insolvency of the shipping company and of all the subsequences of the bankruptcy both for the company and to the parties entering into contracts with the company. In order to justify the separate study of the bankruptcy of the shipping company specifically, the analysis focuses on the special conditions of maritime law, according to which the enforcement of maritime claims is based on autonomous mechanisms that eventually conflict with insolvency law. This study focuses on the protection of maritime creditors, the determination of their rights and their ranking, especially in the case of cross-border insolvency, which has been the center of legal interest the past few years, due to the internationalization of the shipping company, but also triggered by an important event that shook the international shipping community: the filing for bankruptcy of Hanjin Shipping Co. Ltd., Korea's largest container carrier in August 2016. We will then attempt to analyze this particular case of bankruptcy, which led to a number of unresolved problems; for example, in relation to the determination of the jurisdiction regarding the enforcement of maritime claims. Finally, we will make an attempt to answer the question of how creditors contractually connected with shipping companies can be protected, in order to avoid similar incidents in the future.