The requisites for proceeding in rem against ships and vessels under Maltese law arising from article 742D of the code of organisation and civil procedure

Abstract

The primary aim of this thesis is to examine the requisites under Maltese law to proceed in rem, which are provided for under Artcile 742D of the Code of Organisation and Civil Procedure. The text also makes reference to the underlying requisites for jurisdiction in rem, ahered to by the Maltese courts and to the claims to which the action in rem refers, presented under Article 742B of the aforementioned Code. Along with demonstrating analogous provision for requisites in international legislation, the text shall also present the evolution of the legislation pertaining to these requisites under local legislation. Commentary on what has indeed been improved by the amendments and what could have been further implemented will also be added. In the initial two chapters a historic-legal review approach shall be undertaken, while later on in the thesis a critical-analytical and comparative approach will be the predominant methodology employed. As an academic contribution, this thesis aims at reinvigorating the continuous line of writing regarding the admiralty law action in rem. Even though the frequency of contemporary local caselaw relevant to the issue has been dramatically less than that occurring at the time of the 2006 amendments, further changes in view of improvement are always an appreciable option.