Chapter 1730

Thank you for your support. Shell is really grateful. I didn't expect us to return to the sales list. Brothers and sisters were so awesome!

The court was held in the Supreme Court of Canada, which is the most serious place for Canada to deal with international legal disputes. The court site is spacious and magnificent, with a line of judges on the front. The decoration style is solemn and solemn, and the color is mainly dark. After entering the court, people pay homage subconsciously.

Facing the judge, there are two Niujiao districts. Naturally, one is the defendant and the other is the plaintiff. Qin Shiou stood on the dock. Auerbach sat behind him with four lawyers. He turned his head and looked aside. A middle-aged Spanish man stood on the dock, followed by five lawyers.

After the court session, although the international legal disputes were handled in the supreme law, the process was no different from those cases in which Qin Shiou participated in St. Johns before. He also hoped to be accompanied by a court comfort dog. Unfortunately, the Supreme Court did not adopt the comfort dog system and believed that it hindered judicial justice

Qin Shiou thought that Spain would arrange their minister of culture to be the plaintiff. As a result, he just came to the head of a historical and cultural identification protection organization, which made him feel despised. He turned back and whispered to Auerbach: "Dad, they despise us and do them hard!"

The old man was drinking water to moisten his throat and prepare for the hard battle to start later. After listening to Qin Shiou's words, he almost sprayed the water he had drunk. However, he was reluctant to criticize Qin Shiou, so he gave him a stern look to stop talking.

After the judge read out the facts of the case, the plaintiff made a statement. However, they did not directly say the ownership of the sunken treasure, but attacked the inaction of the Canadian court and asked why the court did not seize the sunken treasure, or arranged the small fish deep-sea sunken ship salvage company to supervise it.

The lawyer over there was also very powerful and said, "we have the right to believe that the actions of the court in the handling of international affairs need to be discussed. According to the law, after the parties file an action in rem, the court shall first issue an attachment order to the object of action to ensure that the object of action is under the control of the court. "

This is true in the laws of all countries. When litigation in rem, it is a necessary procedure for the judge to issue a pre litigation attachment order. Only in this way can the following proceedings in rem be meaningful. Otherwise, as the defendant's property is in a state of flow, the goal of property litigation will not be achieved.

This matter has nothing to do with Qin Shiou. The Spaniard 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 judge the ownership of the property in the world. In this case, the court was unable to determine the nature of the work of the black axe pirate ship, so there was no legal basis for arresting the sunken ship. "

Qin Shiou feels that these people in Spain are fools. They have nothing to do. Why do you attack the court? Is this intended to criticize the Canadian judicial system?

So he thought it was an opportunity to attack the Spanish. He turned back and whispered to albach, "the Spanish are doubting judicial justice. Do you want to give him a shot?"

Auerbach's face was dignified. He leaned forward and whispered, "this is not an obstruction of judicial justice, but a small trick in the court confrontation. It is a warning to keep justice behind the court."

Spanish lawyers also want to bite this point to question the judicial justice of the Supreme Court of Canada. At this time, Auerbach began to act. He said: "according to the provisions of maritime law and salvage law, when the objects of litigation include but are not limited to ships and their loaded goods, the objects of litigation need to be seized or actually located within the jurisdiction of the court, It is either presumed to be within the jurisdiction of the court. The sunken ship of black axe pirates, whether actual or presumed, is not within the jurisdiction of Canadian courts, so they do not have the power of seizure. "

According to Canadian law, the action in rem depends on the state's jurisdiction over a property, but when the property is located outside the territory, the state's jurisdiction based on territorial sovereignty does not exist. It is impossible to exercise exclusive and exclusive jurisdiction over people or property. In other words, at this time, the state's jurisdiction over persons and property located abroad is limited. Therefore, if we want to exercise jurisdiction over property litigation in rem, we must bring the property into the territory of the state.

The shipwreck of the Mercedes salvaged by oside suffered this loss, because the Mercedes is a large warship and there are many treasures on board. Oside salvaged it in grades and sent it back to the United States while salvaging it.

In this way, when Spain files a lawsuit against aosaide, according to the principle of constructive jurisdiction, the U.S. Supreme Court can directly seize the sunken ship.

According to the principle of constructive jurisdiction, as long as the salver transports part of the salvaged objects to the jurisdiction of the court, it can be presumed that the salvaged objects as a whole are within the jurisdiction of the court.

This principle of constructive jurisdiction is a legal provision specially formulated for the salvage of sunken ships, which was born in the salvage of the Titanic. At that time, it was almost unthinkable for a sunken ship like the Titanic to completely salvage it and transport it to the United States, but the right of the fishers to salvage the remaining objects could not be ignored by justice. In this case, it is recognized by the U.S. courts to transport part of the salvage to the territory of the United States, so as to establish an inseparable relationship with the remaining salvage and regard it as a common object of action in rem.

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 considers that they have jurisdiction over all the sunken treasure.

Following this criterion, after Odyssey transported some components of the sunken ship to the territory of the United States, it means that the Mercedes sunken ship as a whole is under the constructive jurisdiction of the United States Court.

In this case, the Federal District Court of Tampa, which belongs to the place where the sunken articles are placed, issued an arrest order not only for the articles salvaged and sent to the United States, but also for the Mercedes and its ancillary articles that have not yet been salvaged and are still located in the International Seabed Area. Once these seabed items are salvaged into the United States, the United States courts will directly detain them.

This is not the case with the salvage of the sunken ship of the black axe pirates. There are not many treasures in the sunken ship. The reason for the high value is that it is well preserved. Therefore, Billy and little black chose to handle it carefully at that time and did not salvage some and transport some.

Of course, in fact, some of the Chenbao were transported to the shore. Qin Shiou and little black brought it back when they visited the wreck salvage site, but at that time they only brought samples and a set of British longbow, which was brought back secretly and no one knew. Billy didn't explain the matter when he held a press conference on the salvage of the sunken ship, which the court couldn't take advantage of.