Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 742D
742D. Save for those claims which a ttract a special privilege in
accordance with article 50 of the Merchant Shipping Act , and
which, in terms of article 37D(3) of the said Act, survive the
voluntary sale of a vessel by up to one year, in the cases ment ioned
in article 742B( d) to ( y), an action in rem may be brought before
the civil courts of Malta against -
(a) that ship or vessel, where the person who would be
liable on the claim for an action in personam (''the
relevant person'') was, when the cause of action arose,
an owner or charterer of, or in possession or in control
of, the ship or vessel, if at the time when the action is
brought the relevant person is either an owner or
beneficial owner of that ship or the bareboat charterer
of it;
(b) any other vessel of which, at the time when the action
i s b r o u g h t , t h e r e l e v a n t p e r s o n i s t h e o w n e r o r
beneficial owner as respects all shares in it.
Jurisdiction in rem
against aircraft.
Added by:
VIII.2010.61.
Amended by:
LII.2016.30.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.