Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 37B
37B. ( 1 ) A s h i p m a y c o n s t i t u t e s e c u r i t y f o r a d e b t o r o t h e r
obligation either by agreement or by operation of the law as
hereinafter provided.
(2) A debt or other obligation may be secured -
(a) by means of a mortgage which is a special charge over
a vessel, or
(aa) by means of a finance charter interest which is a charge
over a vessel which is enforceable erga omnes, or
(b) by a general hypothec which attaches to all the assets
of a debtor including any vessel such debtor may own,
or
(c) by a special privilege upon the vessel:
Provided that special privi leges arise in virtue of
law and no debt or other obligation other than those
specified at law shall be secu red by a special privilege.
Cap. 16.
(3) Subject to the provisions of article 40, separate items upon
a vessel may themselves be subj ect to special privileges in
accordance with the provisions of the Civil Code , in security of the
debts therein specified.
( 4 ) A m o r t g a g e s h a l l a l s o i n c l u d e a m o r t g a g e t h a t h a s b e e n
registered in a foreign jurisdiction but is recognized in Malta and
registered in the Maltese registry.
Priority of claims
on ship over all
other debts of
owner.
Added by:
XXXVII. 1988.19.
Amended by:
VIII. 2010.61;
I.2025.17.
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.