Journal article 271 views 48 downloads
English conflicts law at sea – the transfer and creation of proprietary interests in ships
Journal of Private International Law, Volume: 21, Issue: 2, Pages: 211 - 227
Swansea University Author:
Andrew Tettenborn
-
PDF | Version of Record
© 2025 The Author(s). This is an Open Access article distributed under the terms of the Creative Commons Attribution License.
Download (601.92KB)
DOI (Published version): 10.1080/17441048.2025.2524917
Abstract
Surprisingly, the law applicable to the creation and transfer of proprietary interests in ships remains remarkably obscure as a matter of the English conflict of laws. In this article an attempt is made to investigate the relevant authorities and to reconcile them. The conclusion is that, subject to...
| Published in: | Journal of Private International Law |
|---|---|
| ISSN: | 1744-1048 1757-8418 |
| Published: |
Informa UK Limited
2025
|
| Online Access: |
Check full text
|
| URI: | https://cronfa.swan.ac.uk/Record/cronfa69831 |
| Abstract: |
Surprisingly, the law applicable to the creation and transfer of proprietary interests in ships remains remarkably obscure as a matter of the English conflict of laws. In this article an attempt is made to investigate the relevant authorities and to reconcile them. The conclusion is that, subject to exceptions, English courts will recognise transfers if they are effective under any one or more of (1) the lex situs, (2) the law of the registry and (3) (in the case of equitable interests) English law. |
|---|---|
| Keywords: |
maritime conflicts; property; ships; English law; lex situs; law of registry; equitable interests |
| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Issue: |
2 |
| Start Page: |
211 |
| End Page: |
227 |