Chapter15Maritimelaw.ppt

Chapter 15 Maritime law 1 Vessels 2 Mariners 3 Contract for carriage of goods 4 Charter parties 5 Sea towage 6 Collision of vessels 7 Marine salvage General average 1.1 Legal features 1.1.2 Movable property with immovable property treatment 1.1.3 Personality 1.3.2 Acquisition of vessel ownership Primary methods: shipbuilding, appropriation, forfeiture and capture Secondary methods: inheritance, present, subrogation and purchase ? Acquisition, assignment or termination of such ownership: registration with vessel registry office. Else, cannot act against the third party Required documents on vessel: (1) certificate of nationality (2) certificate of seaworthiness (3) tonnage certificate (4) load-line certificate (5) passenger capacity certificate (6) inspection certificate (7) deck log book (8) engine log book (9) wireless book (10) crew list 1.4 Limitation of liability for marine claims Marine claims arising from vessel operations may be limited 3 types of persons may do so: (1) Shipowners including charterers and operators, and salvors (2) Persons for whose act, neglect or default the shipowners or salvors are responsible (3) Insurers of the foregoing persons 2.1 Mariner’s rights and obligations 2.2 Master 2.2.1 Authority of direction and management 2.2.2 Protection from crime 2.2.3 Certification of birth and death 2.2.4 Abandonment of vessel 2.2.5 Period of responsibility 3.1 COA, B/L and C/P B/L and C/P in comparison 3.2.2 Discharge Discharged either by agreement or operation of the law Before sailing from loading port, shipper may propose to discharge the contract. If agreed, shipper shall pay 1/2 freight + loading and unloading expenses and other related charges ? Due to force majeure at loading port or force majeure at discharge port Former situation: either carrier or shipper may propose to discharge the contract and neither party is liable to the other Latter situation: master may disch