The notion of juridical personality of a ship with special reference to the position under Maltese law

Abstract

A ship, having its own name, a domicile and a nationality, being possibly sued and being able to set up a counter-claim, being possibly arrested, and having rights and duties under national laws as well as under International law, cannot be simply regarded as a simple man-made object intended for transportation on water. This is because a ship, being capable of validly entering into juridical relations, of effecting and also of being affected by the acts of others, can be safely regarded as an active juridical participant at law. The main topics of discussion in this thesis are those juridical acts which the ship can enter into. Importance is especially given to the action in rem, an action whereby the ship is sued and features as the proper defendant in the case. The main question sought to be answered here is, whether the fact that the ship can be validly proceeded against as a juridical person in in rem actions, is enough to find the ship liable irrespective of its user's responsibility in personam. After the research carried out, the writer suggests that the juridical personality of the ship cannot be regarded in a vacuum without giving regard to who might be liable on the claim in personam since it is always the owner who will end up suffering in a successful action in rem; an owner who might have had nothing to do with the debt subject of the claim. This thesis therefore focuses on the juridical personality of the ship and the role the ship plays in the law. It seeks to determine if the ship's legal status and capacity, really endow the ship with a proper juridical personality or whether this is just a mere legal machinery intended to facilitate the application of the Jaw; mainly that of stopping ship owners escape their legal responsibility. When compared to a physical or to a moral person, a ship is also, at least prima facie a legal person, perhaps the main difference being that the ship is a more limited kind of juristic person. This is justifiable in view of the fact that shipping law is a very special branch of the law.