If a shipowner transfers a ship, the transferee, after registering the transfer, must issue public notice to the holders of statutory liens on the ship indicating that they must file their claims within a fixed term. In such a case, the term in question may not be made shorter than one month.
A statutory lien on a ship is extinguished if the holder does not file a claim within the term referred to in the preceding paragraph.
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
statutory liens on a ship
「船舶先取特権」
A statutory lien (先取特権) on a ship and its equipment held by a person with one of the claims listed in Article 842 — claims for death or injury in the ship's operation, salvage fees or general average contributions, port and pilotage charges, costs needed to continue the voyage, and crew wages.
Short name set inArticle 843, paragraph (1)· applies only in this chapter
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.