Maltese maritime legislation from the enactment of the commercial code to the turn of the 19th century

Abstract

Malta does not have a homogeneous and modern law in regard to Maritime matters. Maltese Maritime Legislation can be traced back to the time of the Phoenicians. Therefore the foundations of maritime legislation under our law date back to a very ancient age. This thesis aims at presenting a detailed historicolegal narrative on the development of Maltese Maritime legislation during a particular period, that is, from the enactment of the Commercial Code to the turn of the 19th Century. This was done by making reference to those institutions, and groups of persons who played a role in enactment of the relevant legislation. By way of introduction, the first Chapter of this thesis gives a brief historical background of the situation of the legislation in regard to maritime matters in Malta prior to the enactment of the Commercial Code. A compressed account of the state of the relevant laws in the previous centuries, starting from the time of the Phoenicians is given. The need for a new Commercial Code, the enactment of the proposed Code and the objections which were raised to this proposed Code were then dealt with in a separate Chapter, Chapter 2. Since the Commercial Code was not enough to regulate the changing circumstances with regard to maritime affairs in these Islands, Chapters 3, 4 and 5 offer a detailed study of the Ordinances which were enacted specifically for the Islands of Malta and Gozo. Chapter 3 deals with Ordinances XV to XIX of 1858. The following Chapter then deals with the Ordinances which were enacted during the period from 1860 to 1873. Finally, the fifth Chapter deals with the Ordinances which were enacted from 1874 to 1892. All these Ordinances were enacted in order to regulate maritime trade in the Maltese Islands.