Professional Documents
Culture Documents
COMMERCIAL LAW
MARITIME COMMERCE
CHARTER PARTIES
CLASSES OF CHARTER PARTY
BAREBOAT OR DEMISE
the charterer provides the crew, food
and fuel.
CHARTER PARTY CONTRACT OF - the charterer is liable for the
AFFREIGHTMENT consequences of the voyage as if he
were the owner
a contract by which owner of a ship or EXE: when the liability arise
an entire ship, or other vessel lets the from the unseaworthiness of
some principal part
thereof is let by the
owner to another
whole or a part of
her to a merchant or
other person for the
the vessel
2 KINDS
payment of freight.
may be either:
for the voyage or service or purpose
stipulated.
governed principally
by their stipulations
governed by rules
for common carriers
the charterer
IN RE: LIABILITY
- it is usual for the parties to provide
that responsibility for cargo loss shall
NOTES:
falls on the one who agreed to perform
where the bill of lading has been issued
covering goods shipped aboard the vessel
under a charter party, and the charterer
the duty involved.
R I G H T S A N D O B L I G AT I O N S O F
remains the holder of bill of lading
CHARTERER
- the bill of lading operates as a receipt of the
1. to pay the agreed charter price
goods and as a document of title passing the
2. to pay freightage on unboarded cargo
property of the goods,
3. to pay losses to others for loading
but not as a contract of carriage in a
uncontracted cargo and illicit cargo
charter of the entire vessel
4. to wait if the vessel needs repair; and
5. to pay expenses for deviation
NOTE: the rights and obligations of the
for the portion of the ship's capacity
the latter contracted for
parties are determined primarily by
stipulations in their contract of private
- but failed to occupy
carriage or charter party. PRIMATE
bonus to be paid to the captain after
IN RE: RISK OF LOSS
GEN RULE:
successful voyage
LAY DAYS
the merchandise shall be transported at the period when vessel will be delayed in port for
risk and venture of the shipper,
loading and unloading
EXE:
if the contrary has not been expressly
RESCISSION OF CHARTER PARTY
stipulated.
DEMURRAGE
GROUNDS
1. at the request of the charterer
2. at the ship owner's request
is the sum fixed in a charter party as a
remuneration as a renumeration to the owner
of the ship for the detention of his vessel
3. fortuitous causes
*available only if expressly stipulated
quick dispatch
for #5
- due diligence should be exercised - if the repairs take less than
according to the customs and usage of 30 days; pay full freightage for
the port or ports of call
demurrage/dispatch: NONE
voyage out
- if exceeds 30 days;
freightage must be paid in
- means as a waiver to claim for proportion to the distance
demurrage
D E L AY I N L O A D I N G A N D
covered.
legal rate: 6%, in the absence
of stipulation
must respect it.
DEADFREIGHT
is the amount paid or recoverable from a
charterer of a ship
NOTE:
4. embargo; and abandonment of the vessel includes
5. inability of the vessel to navigate the ff objects
a. the vessel itself
b. equipments
c. freightage; and
LIABILITIES OF SHIP OWNERS
AND SHIPPING AGENTS
d. insurance
continues.
the smallest.
may be found
including its maritime lien
the cargo
LIMITATION OF AUTHORITY OF A
ren
MARITIME LIEN
SHIP AGENT constitutes a present right of property in the
1. cannot order a new voyage ship, a jus in re, to be afterward enforced in
2. cannot make a contract for a new admiralty process in rem, it relates back to the
charter
3. cannot discharge a captain or a
crew member appointed by him for
period when it first attached
R I G H T S A N D O B L I G AT I O N S O F
a definite period or voyage, exe for SHIPOWNER AND SHIP AGENTS
cause 1. if the vessel is chartered wholly; not to
4. cannot discharge a captain who us accept cargo from others
a co-owner, and who become a 2. to observe represented capacity
captain by virtue of a special 3. to unload cargo clandestinely placed
no vessel, no liability
CONCEPT:
NATURE OF LIABILITY
solidarily liability of the shipowner and ship
agent with the ship captain who is at fault, over
the shipowner's or agent's interest is merely the ff acts
co-extensive with his interest in the vessel 1. damage to vessel and to cargo due to lack
(including the freight) such that a total loss of skill and negligence
thereof results in its extinction.
passenger.
RATION:
this is governed by civil code and not
by code of commerce.
- thus, extraordinary diligence is
mandated of him, and the negligence
of his agent will make him directly
NOTES:
liable.
insure it.
SEAWORTHY; defined
adequately equipped for the voyage and
manned with sufficient number of competent
officers and crew
prepared by: ronie ablan
AAA - BASTE / ATB
THE AWESOME NOTES 5 of 8
COMMERCIAL LAW
MARITIME COMMERCE
REQUISITES OF GENERAL
incurred during the voyage AVERAGE
- in order to preserve the cargo, the vessel or 1. common danger
both, and all damages or deterioration suffered 2. deliberate sacrifice
by the vessel, 3. success; and
from departure to the port of
destination
- and to the cargo
4. proper formalities and legal steps
TO WHOM HE IS ENTITLED
expenses and damages caused to the FOR REIMBURSEMENT
vessel or cargo 1. to the owner of the
- which have not inured to the common vessel; and
benefit, and 2. the owner of the goods
- borne by their respective owners
ie,
carrier LIABILITY OF THE OWNERS OF THE
CARGO SAVED
will contribute to the reimbursement of
repair cost due to the negligence of the the value of the goods jettisoned and
captain. as a result of which, added to the damage suffered by the vessel.
expense for the provision of the crew,
deterioration expense for the copra
loaded on the vessel, and the towage
- less: his own share in the sacrifice
NOTE:
incident of the delay in the repair of the once the ship master declare for the
vessel. since this expense is as a jettison of cargos after the all the
consequence of the repair, it is requisite condition for general average
therefore a particular average to apply are present,
- the deterioration of value is a - no particular shipper can refuse such
particular average, borne by the copra
owner
- the towage expense is likewise a
declaration
PROCEDURE IN GENERAL
particular average, since it was AVERAGE
incurred as an incident of navigation, 1. before the loss is caused or the
to be borne by the owner.
thereof.
ORDER OF JETTISON OF
2. well-founded fear of seizure,
3. privateers, or
4. by reason of any accident of the sea
CARGOES
1. those on deck, and in the lower
deck
disabling it to navigate
value
vessel afloat a general average?
consequence of an accident
IN RE: CONTRIBUTION TO
foresight, lack of skill of the
captain caused the damage
ANTWERP RULES
contribute to the general average
moving
CONTRA:
IN CASE OF INTER-ISLAND TRADE ALLISION; defined
deck cargo are allowed. is an impact between a moving vessel
- hence, if t is jettisoned, it is entitled to
reimbursement
and a stationary one
average. FIRST ZONE;
covers all the time up to the moment
R AT I O N O F Y O R K -
ANTWERP RULE
an inter-island trade, voyage is
when the risk of collision begins
SECOND ZONE;
usually short and there are the time between the moment when
intervening island and the the risk of collision begins and the
seas are by far generally not moment it becomes a practical
rough
- while overseas trade are
exposed to a greater risk, and
certainty
THIRD ZONE;
deck cargo is dangerous for the time when collision is certain and
navigation, and therefore
prohibited
the time of impact
ERROR IN EXTREMIS
a sudden movement made by a
faultless vessel during the 3rd zone of
collision with another vessel which is
at fault during the 2nd zone.
- i n h e r e , e v e n i f th e s u d d e n
movement was wrong, no
responsibility shall fall on said faultless
vessel
RULES AS TO LIABILITY
MARITIME PROTEST
innocent vessel and to the cargo owners for all - is a written statement made under
of their losses and damages.
bear their own loss
of the cargo.
FAULT UNDETERMINABLE
TIMEFRAME
WITHIN 24 HRS
- before the competent authority at the
apply: doctrine of inscrutable fault
of both vessel
NOTE:
incident took place abroad.
NOTE:
DOCTRINE OF LAST CLEAR CHANCE DOES injuries to persons and damage to
NOT APPLY IN COLLISION OF VESSELS cargo of owners not on board on
- as the law on admiralty states that in case collision time, need not be protested.
collision is due to the fault of both vessel or - dito bale, pag hindi on board yung
when it cannot be determined who is at fault, shipper at the timeof the collision, it
by applying doctrine of inscrutable fault, cannot file a protest even though part
neither can successfully maintain a claim of his cargo was damaged due to the
against each other for the loss or damage to
their respective vessel. nor in case of error in
extremis of a faultless vessel would not make it
said collision.
liable to other vessel. maritime protest is the master or
captain of the vessel involved in the
IF BOTH VESSELS ARE NEGLIGENT
- it doesn't matter which one is the proximate
collision.
cause and which is contributory.
their respective damages
- if the vessel sinks and cannot be salvaged
- the third vessel shall be liable.
stationary object (ie. docks or navigational aid)
TO OVERCOME PRESUMPTION
surrender his vessel to the pilot, and the pilot is
not the master
- the master still commands the vessel
must exhaust every reasonable possibility
which the circumstances admits and show that
in each, they did all the reasonable care
notwithstanding the presence of the pilot.
required.
Philippines
consignee
NOTE:
one year counted from the expiration
of the period within which the arrastre
failure to give a notice will not bar the
filing of the suit
should have filed a claim.
- if such is made within 1 yr
year from receipt of the cargo.
cannot be recovered
- misdelivery
apply to meet its exigencies.
10 YEAR PRESCRIPTIVE
PERIOD
PRESCRIPTIVE PERIOD
1 YEAR
after the delivery of the goods or the date
when the goods should have been delivered.