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Mareva Injunction: Designed to Protect Property

Abstract

Disputes between human and litigation adversely affect the utilization and benefits from the property. A property when attached during pendency of a suit or arrested in an action in rem, suffers irreparable losses. Such losses may be due to its losing beneficial value, lacking in maintenance, failing to meet future obligations and commitments etc. Property may be abandoned by the owner in some circumstances adversely affecting the interests of third parties involved in business. Mareva injunctions, if not completely, at least to a considerable extent mitigate the effects and saves the property from perils in proper cases. It evolved from common law and equity in English law, developed with high acceleration and has been hailed in other jurisdictions worldwide. Its development continues and has been recognized by enactments in the civilized world. This article endeavors to introduce Mareva injunction in other jurisdictions to replace direct actions against property in order to protect property and interests ofthird parties in the property

Authors

  • Dr. Qamar Abad
  • Incharge Ph.D Programme, School of Law, University of Karachi, Sindh, Pakistan
  • Ghulam Murtiza
  • Assistant Professor, School of Law, Government College University, Faisalabad, Punjab, Pakistan
  • Dr. Muhammad Mumtaz Ali Khan
  • HOD, Department of Law, NCBA&E, Lahore, Punjab, Pakistan

Keywords

Action in Personam, Action in Rem, Attachment before Judgment, Mareva Injunction, Time Charter, Voyage Charter

DOI Number

10.47205/plhr.2019(3-I)2.3

DOI Link

http://doi.org/10.47205/plhr.2019(3-I)2.3

Page Nos

28-40

Volume & Issue

v3-1

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Pakistan Languages and Humanities Review (PLHR) by Orients Social Research Consultancy (OSRC) is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Based on a work at https://plhr.org.pk/

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