2.2 Entries in the Register
In addition to the information indicated in 2.1, rights in the ship can be registered – which is fundamental in our context. The main rule is in MC Section 20 paragraph one:
“A document can be noted in the Ship Register the purpose of which is to create, modify, assign, pledge, acknowledge or terminate a right in the registered ship. Documents relating to a maritime lien on a ship or lease (1) On registration of bare boat charters, see 4.9 below. or chartering of a ship are exempted.”
Such a right, appearing from a paper document, must comply with a number of rules, which contribute to the authenticity of the right. Of the rules on requirements for registration, MC Section 21 paragraph one should be mentioned. This paragraph defines “title of ownership” as being he who appears as owner in the Register. or who can show that the title passed to him upon the death of the owner, and paragraph two says:
“For a document to convey a title of ownership for the purposes of the Register, the document must show an unconditional transfer of property, or, if the transfer is conditional, the fulfilment of any condition must either be shown by proof duly registered or be a matter of common knowledge.”
Furthermore, the general rule in Section 22 is:
“A document evidencing the voluntary establishment of a right as mentioned in Section 20 paragraph one cannot be noted in the Ship Register unless the issuer has a registered title or the consent of the holder of such title.”
A practical illustration of this is that a mortgage cannot be registered (noted in the Register) without the cooperation of the titled owner. As for an execution lien, the execution authorities have to decide whether the owner of the ship is a debtor for the pursued claim, and if they do so decide, the lien can then be registered.