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Maritime Malta – Legal Perspective

 Maritime Malta – Legal Perspective





 The term Maritime Malta perfectly described melta a country which has always had close connection with the sea and Maritime sector malta's position in the center of the Mediterranean equidistant from the Strait of Gibraltar and swiss and the shore of North Africa and Italy means that it has always been considered a highly strategic Trading Post malta's existing Maritime diversity is evidenced by the fact that it has the largest shipping register in Europe as one of the deepest natural airports in the world in home to numerous Mariners which now welcomes some of the world's most glamorous super yacht has a tradition in Ship Repair with numerous yards and dogs one of which is 230 meters long as two fascinating Port of Call theleta and Gozo for the hundred of cruise liners either visiting Malta or using it has a Home Port is equidistant from the Strait of Gibraltar and Zeus and thus an ideal bunkering location both an international Port Malta Freeport which serve as a highly successful transshipment Center and is home to the international maritime law Institute a post-graduate academic institution under the house prices of the international Maritime organization this achievement are a direct result of careful planning a strong Workforce that is prepared to deliver value for money and a can-do attitude in addition Malta has a stable and reliable legal regime and laws which give investors then their financiers a high degree of confidence overview of legal system before Malta became a British colony in 1801 it had a fully developed judicial system based initially on Roman law and later on the Napoleonic Code when the British came to Malta they found a highly developed legal system that said the year under British rule were extremely important.

 In terms of shipping legislation as the number of shipping laws passed in England during this period came into force in Malta following Independence in 1964 a number of important commercial laws passed by berliament were based on the British model this includes several laws in relation to financial services shipping and companies this coupled with the fact that English in the second official language in Malta which means that all legislation is available in English ensure the investor and their financiers are quaranteed a high level of confidence as English is an official language there is often less Uric Rosie compared to the other jurisdiction where everything from a simple power of attorney to the most complex corporate document must be translated into the working language of their respective country notarized an apostille Malta has a diverse body of Maritime laws to sustain its Maritime activities it is universally recognized that having a solid legal base which provide potential investor and their financials with the confidence that their investment are secure is Paramount without it no country can aspire to have good quality high-end investment in addition to the laws passed by the parliament Malta is a signatory to an increasing number of International Convention regarding the maritime sector further as Malta is a member of the European Union it is subject to the entire body of European law international convention.

 Malta is party to a number of both well-known and less established International Convention and this convention are a major part of its body of law the more well-known convention include the safety of Life at Sea convention the prevention of pollution from ship convention and the United Nations conversion of the law of the sea unclosed Malta helped to launch the discussion of the establishment of uncle's on November 1 1967 when Dr arfit Pardo maltes permanent representative to the United Nations made a heartfelt appeal before the general assembly highlighting the need to protect the ocean and take all measures against pollution it was perjured who based on melt a historic position argued that the sea pet on ocean floor should constitute part of the common Heritage of mankind a phrase now contained in article 163 of unclose a local legislation in term of local legislation there are several laws which regulate every aspect of the maritime sector perfect example of Maltese maritime law are the merchant shipping Act and the several pieces of subsidiary legislation promulgated under the act the merchant shipping Act is the Undisputed Authority for the maritime sector it regulates numerous pillars of Mary Tim law including the registration of vessel the registration of mortgage Masters and civil safety at Sea pollution spatial shipping inquiries wreck and Salvage and ship owner liability many other legal notices and subsidiary legislation have been promulgated under the auspicious of the ACT combined these laws established the entire body of law regulating among other things collision at Sea training and certification load line rules the limitation of liability on Maritime claim safe mending and watch keeping shipping organization and the certification of commercial yacht the merchant shipping act has been fine-tuned and constantly updated to the extent that the melted flag is now the European world listed flag of choice 400 of ship owner the reason behind the flex success are mostly operational in nature and include English paying an official language the tonich tax regime and the regulator's ability to offer a continuous service were necessary further as multi-slow offers a great deal of protection to financials it's attractive to investors ships are often financed by Third parties.

 The mortgagee must believe that the law of the flag State properly protect its interests otherwise the financial will refuse the owner's chosen flag as such the choice of flag is an important consideration multi-slow also protect mortgages against defaulting owners one of the reason why the Maltese flag is so successful further under melt is law mortgages are in privileged position because the mortgage itself constitutes an executive title this means that the mortgage is equivalent to adjustment thus in the case of a defaulting owner the mortgage need not commence an action on the merits against the mortgager for defaulting on its payment any other normal creditor would have to commence an action make a case in court obtain a judgment and then enforce the Judgment under mount is low mortgages have number of available option to enforce their right.

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