Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 742E
742E. (1) Save as otherwise provided by law, the civil courts of
Malta shall have jurisdiction in rem against aircraft in the following
claims:
(a) any claim to the ownership, o r title to or of an aircraft,
or to the ownership of any share therein;
(b) any claim for possession of the aircraft;
(c) any claim in respect of a mortgage or international
interest registered in terms of the Aircraft Registration
Act;
Cap. 503.
(d) any claim giving rise to a special privilege in terms of
article 42(1) of the Aircraft Registration Act ;
Cap. 503.
(e) any claim based on a regist ered non-consensual right
or interest registered in th e International Registry in
t e r m s o f t h e F i r s t S c h e d u l e a n d a r t i c l e 4 2 ( 2 ) o f t h e
Aircraft Registration Act f o r w h i c h t h e o w n e r o f t h e
aircraft would be liable in personam ;
(f) any claim in the nature of salvage in respect of an
aircraft;
(g) a n y c l a i m i n t h e n a t u r e o f t o w a g e i n r e s p e c t o f a n
aircraft;
(h) a n y c l a i m i n t h e n a t u r e o f p i l o t a g e i n r e s p e c t o f a n
aircraft.
Cap. 232.
(2) The reference in sub-article (1)( f) to claims in the nature of
salvage includes a reference to s uch claims for services render ed in
saving life from an aircraft or in preserving cargo, apparel or wreck
as, under article 14 of the Civil Aviation Act , are authorized to be
made in connection with an aircraft.
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 205
(3) For the purposes of sub-article (1)( g) and ( h), "towage" and
"pilotage" mean towage and pilotage while the aircraft is
waterborne.
Action in rem.
Added by:
VIII.2010.61.
Amended by:
LII.2016.31.
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.