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Articles for the keyword(s) "In personam link"

"Conflict of Laws and Vessel Ownership"

Paul Myburgh, 2005

In a comment on Tisand (Pty) Ltd v The Owners of the Ship MV Cape Moreton (ex Freya) [2005] FCAFC 68, 29 April 2005, the author analyses the approach of the Court to the issue of foreign vessel ownership within the context of admiralty jurisdiction. The Court characterised the issue as relating to the transfer of property rights and subject to the lex situs, rather than a jurisdictional matter subject to the lex fori. The author supports the Court’s rejection of the lex fori approach and welcomes the Court’s sophisticated analysis of the conflicts issues involved.