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Admiralty Jurisdiction and Practice


Page 349

10

Ship mortgages

Introduction

Ownership

10.1 Ships are chattels and questions relating to their ownership are decided according to the principles applicable under the law of personal property, in particular the provisions as to passing of property and conveying of title contained in the Sale of Goods Act 1979, but as a general rule title to a ship will not pass by delivery, nor will it be proven by possession. The classic statement of this proposition is to be found in the judgment of Turner LJ in Hooper v Gumm1 where he said2:

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