Limitation of shipowners' liability : a historical survey : the law in Malta and in England

Abstract

As can be readily appreciated from the title, this thesis will deal with two main topics, namely the law on the limitation of liability of shipowners as is obtaining in Malta and in England: in each case a historical survey of the previous legislation on the subject is premised. The purpose of this thesis is to show when the law has delegated from general principles declaring the unlimited liability of a debtor, by introducing benefits in favour of shipowners in particular and Mercantile trade in general. The scope of the legislation in framing these laws has obviously been to encourage the shipowner to undertake risky adventures, so necessary for the prosperity of a State, without exposing himself to complete ruin through the acts of his servants. When dealing with the law in Malta the discussion is limited to the institute of abandonment of ship and freight in favour of the creditors, which is by far the greatest limitation of liability given to the shipowner. This institute, as will be seen later, has been called from continental legislation and will be discussed throughout with reference to its sources.