Please use this identifier to cite or link to this item:
https://www.um.edu.mt/library/oar/handle/123456789/60893
Full metadata record
DC Field | Value | Language |
---|---|---|
dc.date.accessioned | 2020-09-30T07:28:31Z | - |
dc.date.available | 2020-09-30T07:28:31Z | - |
dc.date.issued | 1983 | - |
dc.identifier.citation | Gabarretta, A.M. (1983). Maritime liens and mortgages under Maltese law (Master's dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/60893 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | The similarity between maritime liens and mortgages resides in the predominantly economic rather than legal premise that both involve the creation of a secured. charge on a vessel. Such a charge is, as a general rule, enforceable against the original owner and any subsequent purchaser. To proceed any further however, would require one to differentiate between the two concepts. Thus, a maritime lien arises solely by operation of law and simultaneously with the cause of action from the moment of the circumstances giving rise to the claim. It represents a charge which accrues independently of agreement “inter partes” and regardless of any antecedent formality. The immediate effect of the lien is to give to the claimant a charge on the “res” which it encumbers into whosoever’s possession the “res” may have passed. The charge is thus, invisible and secret. It is in the “ipsa natura” of the lien as constituting a claim against the property that one must seek the reason for this highly privileged security which gives it preference over the ship – mortgage. Seemingly, liens attach to the vessel itself as an instrument of commerc8 which, in its interests, is personified and subjected to such liabilities without regard to circumstances as questions of title or ownership. Reasons of necessity and general interest dictate the subordination of a mortgage to a maritime lien. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Commercial law -- Malta | en_GB |
dc.subject | Maritime law -- Malta | en_GB |
dc.subject | Liens -- Malta | en_GB |
dc.subject | Mortgages -- Malta | en_GB |
dc.title | Maritime liens and mortgages under Maltese law | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Gabarretta, Adrian Michael | - |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
File | Description | Size | Format | |
---|---|---|---|---|
Gabarretta_Adrian_Michael_MARITIME LIENS AND MORTGAGES UNDER MALTESE LAW.pdf Restricted Access | 8.55 MB | Adobe PDF | View/Open Request a copy |
Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.