Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 742E

Official PDF on legislation.mt

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.

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