Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 чл. 742DAction in rem in cases mentioned in article 742B(d) to (y).
Sub-title III
Save for those claims which attract 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 mentioned in article 742B(d) to (y), an action may be brought before in rem the civil courts of Malta against -
(a) that ship or vessel, where the person who would be liable on the claim for an action (''the in personam 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 is brought, the relevant person is the owner or beneficial owner as respects all shares in it.
История на изменения
- Amended by XIV.2006.78