Admiralty Law Part 10

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Criminal liability for navigational incidents Breach of the COLREGS A failure to comply with the COLREGS can, irrespective of whether a collision is actually…

Admiralty Law Part 9

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Seamanship and the Collision Regulations (COLREGS) The COLREGS The COLREGS are a code of good practice endorsed by law. There are 38 Rules and…

Child Marriage in Malaysia

The issues of child marriage have evolved over the year, which is evident through news and critics comment from academician through publishing articles. Nevertheless, child marriage is still allowed in Malaysia and just last year, as Malay Mail published on 4th December 2020, 543 child marriage cases, including applications were recorded. Section 2 of the…

Admiralty Law Part 8

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship sale and purchase Negotiations stage and binding contract During the negotiations the parties owe no duty to make full disclosure of their position…

Admiralty Law Part 7

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not…

Admiralty Law Part 6

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Mortgages Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is…

Admiralty Law Part 5

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ownership And Management Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This…

Admiralty Law Part 4

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Arrest And Jurisdiction On The Merits Outline Legal Framework For Obtaining Jurisdiction On The Merits The starting point for approaching the question whether…

Admiralty Law Part 3

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Procedure for enforcement of claims in rem Arrest of a ship and the aftermath When the ship is arrested, the defendant may provide security…

Admiralty Law Part 2

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over…