- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
263

(1916) Author: Alfons Heyking - Tema: Russia
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26 3

CHAPTER XVII.—Purchase of Vessels abroad by
Russian Subjects.

According to Russian law, the owner of a vessel is recognised as
the person who has in his possession the Bill of Sale, or the Builder’s
Certificate. The purchase of a vessel can only be made on the strength
of such documents ; the ownership of a vessel passes from one to
another as soon as the Bill of Sale or Builder’s Certificate has been
executed, and has changed hands.1

The bill of sale of a vessel purchased by a Russian subject, or
built to his order abroad, must be attested by a local Notary Public,
according to the principle locus regit actum, except in France, Germany,
Italy and Spain. In these countries, according to conventions signed
with Russia, Russian State Consuls are invested with the powers
and are entitled to perform the functions of Notaries Public in
transactions between their countrymen and local subjects.2 In other
countries, when the bill of sale or builder’s certificate is attested by
a local Notary Public, such attestation requires the legalisation of
the local Russian State Consul.

Finnish subjects are required to produce certificates from the
Governor or Magistrate of their district in Finland, authorising them
to own vessels or shares in such. The Consul is expressly forbidden
to authorise the fictitious sale or purchase of vessels in time of war,
when the object of such transactions is to secure the protection of
the Russian flag to vessels belonging to the belligerent powers.3

The purchaser of a ship is required to give satisfactory proof that
he is entitled to fly the Russian flag.

According to Art. 122 of the Trade Regulations, Continuation 1906,
only Russian subjects are entitled to fly the Russian merchant flag ;
the right being extended to :—

1. Single or joint-proprietors of a ship, if all are of Russian
nationality.

2. Companies limited or without limitation, if all active and
sleeping partners are of Russian nationality.

3. Joint stock companies on shares if all the shares belong to
Russian subjects, the board of directors and head offices of which
are in Russia, and the directors and managers of which are of Russian
nationality.

A Russian ship loses the right to fly the Russian flag :—

i. If a foreign subject inherits the whole or part ownership of a
Russian vessel, and, after the lapse of three years dating from the
time of the decease of the late partner, does not sell his right to the
ship to a Russian subject, or, if the other part-owners of Russian
nationality do not acquire the ship. A part-owner is allowed to sell
his share in the ship with the consent of the other part-owners. If
such consent is not given, the part-owners have the prior right in

1 Decision of the Department of Civil Cassation of the Ruling Senate of 1885,
No. 47.

2 See " Drawing up, Legalising and Attesting Documents."

3 Cons. Reg., Art. 58.

§§ 306. 307.

§ 306. [-Legalisation-]
{+Legalisa-
tion+} ofbfcills
of sale.

§ 307.
Title to fly
the Russian
flag.

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