1701. Confrontation before court (thanks to friends such as oujun107
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The courtroom was chosen in the Supreme Court of Canada, which is the most serious place for Canada to handle international legal disputes. The courtroom scene is grand and magnificent, with a row of judges on the front. The decoration style is solemn and dignified, with dark colors. After entering the court, people subconsciously respect them.
There were two areas of judges, naturally one was the defendant and the other was the plaintiff. Qin Shiou stood on the dock, Auerbach sat behind him with four lawyers. He turned his head and a middle-aged Spanish man stood on the dock, and five lawyers followed him.
The court was held later. Although it was handled by the Supreme Court in international legal disputes, the process was no different from the cases Qin Shiou had participated in before in St. Johns. He also hoped that a court comfort dog would accompany him. Unfortunately, the Supreme Court did not adopt the comfort dog system, and believed that it was hindering judicial justice...
Qin Shiou thought Spain would arrange for their Cultural Minister to be the plaintiff, but in the end, a person in charge of a historical and cultural recognition protection organization came, which made him feel very despised. He turned around and whispered to Auerbach: "Dad, they look down on us, fuck them hard!"
The old man was drinking water to moisten his throat, preparing for the tough battle to start later. After hearing Qin Shiou's words, he almost sprayed out the water he drank, but he was reluctant to criticize Qin Shiou, so he signaled him not to speak with a stern look.
After the judge read out the case, the plaintiff then made a statement. However, they did not directly talk about the ownership of the shipwreck treasure, but instead attacked the Canadian Court of Justice, asking why the court did not reduce the shipwreck treasure, and arranged for Xiaoyu Deep Sea Shipwreck salvage company to supervise.
The lawyers there were also very good, and said, "We have the right to believe that the court's actions in this international affairs are subject to debate. According to the law, after the parties file a lawsuit against the object, the court should first issue a refusal order to ensure that the object of the action is placed under the control of the court."
This is true in the laws of all countries. When litigating against objects, a judge issued a pre-trial order is a necessary procedure. Only in this way, the next litigation procedure for litigation against objects is meaningful. Otherwise, the object as the defendant is in a state of flow and the goal of litigation against objects will not be achieved.
This matter has nothing to do with Qin Shiou's side. The Spaniards accused the court, so the judge slowly answered: "Only when the court can implement exclusive control over the property involved, they have the power to judge the ownership of the property. In this case, the court cannot determine the nature of the work of the Black Axe Pirate Ship. Therefore, the legal basis for the sunken ship is lacking."
Qin Shiou feels that these people in Spain are idiots. Why are you attacking the court when you are idle? Are you planning to criticize Canada's judicial system?
So he felt that this was an opportunity to attack the Spaniards, so he turned around and asked Auerbach in a low voice: "The Spaniards are doubting judicial justice. Should I give him a moment?"
Auerbach looked solemn, and he leaned forward and replied in a low voice: "This is not an obstacle to justice, but the zinc in the court's confrontation. He is warning the court to keep the punishment fair and ignore him."
Spanish lawyers also wanted to question the judicial justice of the Supreme Court of Canada, and at this time Auerbach began to take action. He said: "According to the provisions of the Maritime Law and the Salvation Law, the litigation object includes but is not limited to two situations: ships and their loading of goods, the litigation object needs to be either actually within the jurisdiction of the court or presumed to be within the jurisdiction of the court. The black axe pirate shipwreck, whether it is actually or presumed, is not within the jurisdiction of the Canadian Court. Therefore, they do not have the power to be positive."
According to Canadian law, litigation of property depends on the state's jurisdiction over a certain property, but when the property is located outside the territory, this jurisdiction based on territorial sovereignty of the state does not exist. Exclusive exclusive jurisdiction cannot be implemented on both persons and property. In other words, the state's jurisdiction over people and property located abroad is restricted at this time. Therefore, if the jurisdiction over property litigation of property is to be implemented on the property, the property must be brought into the territory of the state.
The Mercedes wrecked ship that Osside salvaged was a loss because the Mercedes was a large warship and had many treasures on the ship. The Osside Company salvaged it in grades and sent it back to the United States while salvaging it.
In this way, when Spain filed a lawsuit against Osside, according to the presumptive jurisdiction principle, the US Supreme Court could directly overestimate the shipwreck.
According to the principle of presumptive jurisdiction, as long as the salvager transports part of the salvaged goods 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 shipwreck salvage. It was born in the Titanic shipwreck salvage incident. At that time, it was believed that it was almost unimaginable to completely salvage it out of water and transport it to the United States, but the salvager's right to salvage the remaining items cannot be ignored by the judiciary. In this case, part of the salvage was transported to US territory to establish an inseparable connection with the remaining items and to use it as a common object of litigation, which was recognized by the US court.
In other words, in the case of shipwreck treasure, as long as part of Shenbao is transported to the jurisdiction of the court, the court believes that they have jurisdiction over all Shenbaos.
Following this principle, when Odyssey transported some components of the shipwreck to US territory, it means that the Mercedes shipwreck as a whole is under the presumptive jurisdiction of the US court.
In this case, the Tampa Federal District Court where the shipwreck belongs to the shelves not only issued a kong order for items that have been salvaged and sent to the United States, but also issued a kong order for the Mercedes and its attachments that have not yet been salvaged out of the water and are still located in the international seabed area. Once these basin items are salvaged into the United States, the U.S. court will directly give kong orders.
This is not the case for the Black Axe Pirate's shipwreck. There are not many treasures in the shipwreck. The reason why it is valuable is because it is well preserved, so Billy and Blake Jr. chose to handle it carefully at that time and did not salvage part and transport part.
Of course, in fact, some of the treasures of Shen 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. This was taken back secretly and no one knew about it. Billy did not explain this when the shipwreck salvage press conference was held, and the court could not take advantage of this. (To be continued.)
Chapter completed!