Marine insurance law in Malta

Abstract

What I really mean to accomplish in this thesis is to first of all establish the existing position under Maltese law. But this I will do simply as a starting point. I will then endeavour to make a comparative study with various other foreign laws relating to marine insurance. Finally I will address those areas which are either missing under local legislation or else our law needs to be either amended or updated or else completely overhauled. Therefore I intend to develop my thesis in the following manner : in the first chapter I will give a general introduction to marine insurance law, including a historical background, basically focusing on the British tradition - the background behind the Lloyds and the ILU. I will also introduce certain fundamental concepts related to marine insurance, which need not necessarily bear the same meaning as under other branches of insurance law. In chapters two to four I will deal with Maltese marine insurance legislation, dedicating one chapter to each major subdivision found under Title 3 of the Commercial Code. I will analyse the sections of that particular subtitle and compare them to foreign laws, rules and international treaties, outlining the variances in approach and submitting my theories, where appropriate, where these may be modified updated or substituted. In the final chapter I will identify concepts which could be introduced or amended under Maltese law and give those recommendations which in my opinion could be useful for updating our law.