Court-approved private sales of ships  and vessels : an analysis

Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/9427

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DC Field	Value	Language
dc.date.accessioned	2016-04-13T09:00:21Z
dc.date.available	2016-04-13T09:00:21Z
dc.date.issued	2015
dc.identifier.uri	https://www.um.edu.mt/library/oar//handle/123456789/9427
dc.description	LL.D.	en_GB
dc.description.abstract	This thesis provides a detailed analysis of court-approved sale, as an efficient enforcement procedure, since its introduction in 2006. It further seeks to establish the importance of this procedural enforcement mechanism, while comparing it to the parallel mechanism found in common-law jurisdictions. The first chapter seeks to establish the nature of court-approved sale as judicial sale. It provides the reader with an analysis of the characteristic features of a judicial sale, and of its function within the admiralty procedure of providing the purchaser with a free and unencumbered title. The second chapter provides an analysis of judicial sale by auction, the first judicial sale to serve as an enforcement mechanism. This chapter provides a detailed description of the procedural steps involved in a judicial sale by auction. It further seeks to compare the judicial sale by auction of vessels with admiralty judicial sales in the United Kingdom and Singapore, with the aim of deducing possible shortcomings in the judicial auction of vessels in Malta. The third chapter provides an analysis of the equivalent procedure of court- approved sales in the United Kingdom and Singapore, referred to as directed juridical sales. This chapter refers to foreign judgments and legislation with the aim of providing an insight into why these jurisdictions have limited the application of directed judicial sales. The fourth chapter offers a detailed analysis of the procedural mechanism of court- approved sales. This is achieved through the examination of article 358 et sequitur of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta. In addition, this chapter seeks to analyse case law pertaining to the subject matter with the aim of providing insight into how Maltese courts have interpreted this statutory procedure. The final chapter seeks to propose possible amendments with the aim of further strengthening the position of the procedure of court-approved sales in Malta.	en_GB
dc.language.iso	en	en_GB
dc.rights	info:eu-repo/semantics/restrictedAccess	en_GB
dc.subject	Judicial sales -- Malta	en_GB
dc.subject	Auctions -- Malta	en_GB
dc.subject	Maritime law -- Malta	en_GB
dc.title	Court-approved private sales of ships and vessels : an analysis	en_GB
dc.type	masterThesis	en_GB
dc.rights.holder	The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.	en_GB
dc.publisher.institution	University of Malta	en_GB
dc.publisher.department	Faculty of Laws. Department of Commercial Law	en_GB
dc.description.reviewed	N/A	en_GB
dc.contributor.creator	Azzopardi, Angèle
Appears in Collections:	Dissertations - FacLaw - 2015 Dissertations - FacLawCom - 2015

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