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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 742EJurisdiction in rem against aircraft.

Sub-title III

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(1) Save as otherwise provided by law, the civil courts of

Malta shall have jurisdiction against aircraft in the following in rem claims:

(a) any claim to the ownership, or 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;

(d) any claim giving rise to a special privilege in terms of article 42(1) of the Aircraft Registration Act;

(e) any claim based on a registered non-consensual right or interest registered in the International Registry in terms of the First Schedule and article 42(2) of the Aircraft Registration Act for which the owner of the aircraft would be liable in personam;

(f) any claim in the nature of salvage in respect of an aircraft;

(g) any claim in the nature of towage in respect of an aircraft;

(h) any claim in the nature of pilotage in respect of an aircraft.

(2) The reference in sub-article (1)(f) to claims in the nature of salvage includes a reference to such claims for services rendered 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.

(3) For the purposes of sub-article (1)(g) and (h), "towage" and "pilotage" mean towage and pilotage while the aircraft is waterborne.

Wijzigingsgeschiedenis
  • Amended by LII.2016.30