The notion of possession and control when cause of action arises under Article 742D of the COCP

Abstract

The following study shall focus on the obscure notion of possession and control when cause of action arises under Article 742D of the Code of Organization and Civil Procedure. The notion has been understood differently throughout varying jurisdictions. This term paper aims to discover the principle interpretation of the concept of possession and control as referred to under Article 742D. The term paper examines Article 742D, while focusing on the true understanding of the action in rem and the requisites of Article 742D in order for the arrest of a vessel to be deemed successful. The analysis will further observe the notion of possession and control and the manner it was dealt with in our Courts prior to the introduction of Article 742D in the Code of Organization and Civil Procedure. The term paper inspects the process of lifting the corporate veil when an action in rem is brought against a ship, and how damages may be compensated when an action in rem is taken against a vessel that was in the control or possession of the relevant person. Due to the fact that Maltese Courts haven’t dealt with the notion upon Article 742D’s establishment in Maltese Law, reference is made to foreign case law to truly comprehend what route the courts would adopt if the concept where to be brought to light in the Maltese Courts.