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Chapter 1730 1701. Confrontation before court (Thanks to oujun107 and other friends for the reward)

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    Thank you all for your support. Thank you very much. I didn¡¯t expect that we would be back on the sales list. Brothers and sisters, you are so awesome!  ****

    The court was held at the Supreme Court of Canada, which is the most serious place for Canada to handle international legal disputes. The courtroom is spacious and majestic, with a row of judges in front. The decoration style is solemn and solemn, and the colors are mainly dark. After entering the courtroom  People subconsciously showed respect.

    There were two corner areas facing the judge. Naturally, one was the defendant and the other was the plaintiff. Qin Shiou stood on the dock. Auerbach and four lawyers sat behind him. He turned to look to the side. A middle-aged Spanish man stood there.  In the dock, five lawyers followed him.

    Afterwards, the court session was held. Although the Supreme Court handled international legal disputes, the process was no different from the cases Qin Shiou had participated in before in St. John's. He also hoped to be accompanied by a court comfort dog. Unfortunately, the Supreme Court did not adopt the comfort dog system.  considered obstruction of justice

    Qin Shiou thought that Spain would arrange for their Minister of Culture to be the plaintiff, but in the end, only the person in charge of some historical and cultural protection organization came, which made him feel slighted. He turned back to Auerbach and whispered: "Dad, they  This is looking down on us, fuck them hard!"

    The old man was drinking water to moisten his throat, preparing for the tough battle that would begin later. After hearing Qin Shiou's words, he almost spit 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 then made their submissions. However, they did not directly state the ownership of the sunken treasure. Instead, they attacked the inaction of the Canadian court and asked why the court did not seize the sunken treasure and instead arranged for the Xiaoyu Deep Sea to be sunk.  Salvage companies come to regulate.

    The lawyer there was also very powerful. He said immediately: "We have the right to believe that the court's actions in handling this international affairs are open to question. According to the law, after a party files an in rem lawsuit, the court should first issue a  An attachment order to ensure that the subject of the proceedings remains under the control of the court.¡±

    This is the case in the laws of all countries. When litigating in rem, it is a necessary procedure for the judge to issue a pre-litigation seizure order.  Only in this way can the subsequent in rem proceedings be meaningful.  Otherwise, the defendant's property will be in a liquid state and the goal of the in rem litigation will not be achieved.

    This matter has nothing to do with Qin Shiou's side. The Spaniards are suing 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 judgments on the ownership of the property.  In this case, the court was unable to determine the nature of the work of the Black Ax pirate ship, so there was no legal basis for detaining the sunken ship."

    Qin Shiou feels that these people in Spain are idiots. Why are you attacking the court when you have nothing to do?  Is this intended to criticize Canada¡¯s judicial system?

    So he thought this was an opportunity to attack the Spaniards, turned around and asked Auerbach in a low voice: "The Spaniards are doubting the fairness of justice. Do you want to give him a break?"

    Auerbach¡¯s face was solemn. He leaned forward and replied in a low voice: ¡°This is not an obstruction of justice, but a trick in the courtroom confrontation. It is a warning to the court to keep the judgment fair in the future and leave him alone.¡±

    Spanish lawyers also wanted to use this point to question the judicial impartiality of the Supreme Court of Canada. At this time, Auerbach began to take action. He said: "According to the provisions of maritime law and salvage law, the objects of litigation include but are not limited to ships and their  When loading cargo, in order to seize the subject of litigation, the subject of litigation needs to be either actually located within the jurisdiction of the court, or presumed to be within the jurisdiction of the court. The Black Ax Pirate Shipwreck, whether actually or constructively, is not located in a Canadian court.  Within the jurisdiction, so they do not have the power to seize.¡±

    According to Canadian law, in rem litigation relies on the state¡¯s jurisdiction over a certain property. However, when the property is located outside the territory, the state¡¯s jurisdiction based on territorial sovereignty does not exist.  No exclusive, exclusive jurisdiction can be exercised over either persons or property.  In other words, the state's jurisdiction over persons and property located abroad is now limited.  Therefore, if jurisdiction over property is to be enforced in rem proceedings, the property must be brought within the territory of the state.

    The Mercedes sunken ship salvaged by Orside suffered this loss because the Mercedes was a large warship with a lot of treasures on board. Orside salvaged it in stages and sent it back to the United States while salvaging it.

    ¡°In this way, when Spain files a lawsuit against Orside, based on the principle of presumed jurisdiction, the U.S. Supreme Court can directly seize the sunken ship.

    According to the principle of presumed jurisdiction, as long as the salvager transports part of the salvaged objects toWithin the jurisdiction of the court, it can be presumed that the salvage object as a whole is within the jurisdiction of the court.

    This principle of presumptive jurisdiction is a legal provision specially formulated for shipwreck salvage and was born in the Titanic shipwreck salvage incident.  At that time, it was considered almost unthinkable to completely raise a sunken ship like the Titanic from the water and transport it to the United States, but the rights of the salvagers to salvage the remaining remains could not be ignored by the judiciary.  Under such circumstances, transporting part of the salvaged objects to the territory of the United States, thereby establishing an inseparable connection with the remaining salvaged objects, and making them the common object of in rem litigation is recognized by the U.S. courts.

    In other words, in the case of sunken treasure, as long as part of the sunken treasure is transported to the jurisdiction of the court, the court will consider that they have jurisdiction over all the sunken treasure.

    Following this principle, when Odyssey shipped some components of the sunken ship to U.S. territory, it meant that the entire Mercedes sunken ship was under the presumed jurisdiction of the U.S. court.

    In this case, the federal district court in Tampa, where the sunken items were laid, issued a seizure order not only for the items that had been salvaged and sent to the United States, but also for the Mercedes and the Mercedes that had not yet been salvaged and were still in the international seabed area.  A seizure order was also issued for its accessories.  Once these seabed items are salvaged and entered into the United States, the U.S. courts will directly seize them.

    This was not the case with the salvage of the Black Ax Pirate shipwreck. There were not many treasures in the shipwreck. The value was high because it was well preserved. Therefore, Billy and Little Black chose to handle it cautiously and did not salvage part of the treasure and transport the other part.

    Of course, in fact, some of the sunken treasures were transported to the shore. Qin Shiou and Little Black 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 also did not explain this when he held a press conference on the shipwreck salvage, and the court could not take advantage of this.  (Remember the website address: www.hlnovel.com
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