Golden Fishery
v2 Chapter 1701: .Clash before the court (thanks to oujun
Thank you for your support. I am really grateful for the cartridge case. I did not expect that we will return to the sales list. Brothers and sisters are so awesome! ****
The venue of the hearing was chosen in the Supreme Court of Canada. This is the most serious place in Canada for dealing with international legal disputes. The court is generous and magnificent. The front of the court is full of judges. The decoration style is more solemn and solemn, and the color is mainly dark. After entering the court People subconsciously admire it.
Facing the judge, there are two horns. Naturally, one is the defendant and the other is the plaintiff. Qin Shiou stood in the dock. Auerbach took four lawyers and sat behind him. He turned his head and looked to the side. A middle-aged Spanish man was standing. In the dock, five lawyers followed.
After the court session, although the international legal disputes were handled in the Supreme Law, the process is no different from those cases that Qin Shiou participated in in St. John's before. He also hopes to be accompanied by a court comfort dog. It is a pity that the Supreme Court did not adopt the comfort dog system. Think that obstruction of justice...
Qin Shiou thought that Spain would arrange their Minister of Culture to be the plaintiff, but only a person in charge of a historical and cultural protection organization came, which made him feel contemptuous, and turned back to Auerbach and whispered: "Daddy, they This is looking down on us and **** them fiercely!"
The old man was drinking water to moisturize his throat, preparing for the tough battle to begin later. After listening to Qin Shiou's words, he almost sprayed out the water he drank, but he was reluctant to criticize Qin Shiou, so he used a stern look to signal him not to speak.
After the judge read out the facts of the case, the plaintiffs followed up their submissions, but they did not directly say the ownership of the sunken treasure, but attacked the inaction of the Canadian court. Asked why the court did not detain the shipwreck treasure, but arranged for the small fish deep-sea shipwreck salvage company to supervise it.
The lawyers over there are also very powerful, and they said: "We have the right to believe that the court's actions in this international affairs are subject to discussion. According to the law, after the litigant initiates a rem suit, the court should first issue an issue to the litigant. Seizure order to ensure that the subject of the lawsuit is under the control of the court."
The laws of all countries are the same, when it comes to rem litigation. It is necessary for the judge to issue a pre-litigation seizure order. Only in this way, the subsequent proceedings in rem will be meaningful. Otherwise, as the defendant's property is in a state of flow, the goal of the rem litigation will not be achieved.
This matter has nothing to do with Qin Shiou's side. The Spanish sued the court, so the judge answered slowly: "Only when the court can exercise exclusive control over the property involved can it have the power to make a judgment on the ownership of the property to the world. In this case, the court was unable to determine the nature of the work of the black axe pirate ship. Therefore, there was no legal basis for the arrest of the sunken ship."
Qin Shiou feels that these people in Spain are stupid. Why are you attacking the court when you are free? Is this intended to criticize the Canadian judicial system?
So he felt that this was an opportunity to attack the Spaniard, and turned around and asked Auerbach in a low voice: "The Spaniard is skeptical of justice, should you give him a break?"
Auerbach’s face was solemn, and he leaned forward and replied in a low voice: “This is not an obstruction of justice, but a trick in court confrontation. It is to warn the court to keep the punishment fair. Leave him alone.”
Spanish lawyers also want to bite into this point to question the judicial justice of the Supreme Court of Canada. Auerbach began to take action at this time. He said: "According to the maritime law and the salvage law, the objects of litigation include but are not limited to ships and their In both cases of loading cargo, to seize the litigation object, the litigation object needs to be either actually located within the jurisdiction of the court or pushed to be located within the jurisdiction of the court. The black axe pirate shipwreck, whether actual or presumed, is not located in a Canadian court Within the jurisdiction, so they do not have the power to seize."
According to Canadian laws and regulations. The rem litigation depends on the state's jurisdiction over a certain property. But when the property is located outside the territory, this kind of national jurisdiction based on territorial sovereignty does not exist. Neither people nor property can exercise exclusive and exclusive jurisdiction. In other words, at this time, the state's jurisdiction over people and property located abroad is restricted. Therefore. If you want to implement the jurisdiction of rem litigation on property, you have to bring the property into the national territory.
The shipwreck of the Mercedes salvaged by Oside originally suffered this loss. Because the Mercedes is a large warship with many treasures on board, the Ossed company salvaged it in stages and sent it back to the United States while salvaging it.
In this way, when Spain filed a lawsuit against Osside, in accordance with the presumption of jurisdiction, the U.S. Supreme Court could directly seize the shipwreck.
According to the principle of presumption of jurisdiction, as long as the salvager transports part of the salvage to the jurisdiction of the court, it can be presumed that the salvaged object as a whole is within the jurisdiction of the court.
This presumptive jurisdiction principle is a legal provision specially formulated for the salvage of a sunken ship, which was born in the incident of the sinking of the Titanic. At that time, it was thought that it was almost unthinkable for a sunken ship like the Titanic to completely salvage it and transport it to the United States, but the salvager's right to salvage the leftovers cannot be ignored by the judicial system. In this case, the transportation of part of the salvaged property to the United States to establish an inseparable connection with the remaining salvaged property and use it as a common object of rem litigation is recognized by the US courts.
In other words, in the shipwreck treasure case, as long as part of the sunken treasure is transported to the jurisdiction of the court, the court considers that they have jurisdiction over all the sunken treasures.
Following this rule, when Odyssey Company shipped some components of the sunken ship to US territory, it meant that the entire Mercedes shipwreck was under the presumption of jurisdiction of the US court.
In this case, the Tampa Federal District Court, where the sunken ship was placed, not only issued a seizure order on the items that have been salvaged and sent to the United States, but also imposed a seizure order on the Mercedes and the USS which are still located in the international seabed area. A seizure order was also issued for its accessories. Once these seabed items are salvaged into the United States, the U.S. court will directly seize them.
This is not the case with the black axe pirate shipwreck salvage. The treasures in the shipwreck are not too much. The reason why the value is high is that it is well preserved. So Billy and Little Black chose to deal with it carefully at the time, and did not salvage part of it and transport part of it.
Of course, some of the sunken treasures were actually transported to the shore. Qin Shiou and Xiao Blake brought them back when they visited the shipwreck salvage site, but at that time they only brought samples and a set of British longbows. It was brought back secretly, and no one knew. Billy didn't explain this when he held the shipwreck salvage press conference, and the court could not take advantage of this. (To be continued~^~)