Dreptul maritim
Jurisdicția amiralității, transportul mărfurilor pe mare, salvare și coliziuni.
Introducere
Dreptul maritim reglementează comerțul și navigația pe mare.
In Brief
Maritime law is governed by a combination of statute and international convention. Cargo claims under a bill of lading are subject to the Hague-Visby Rules (Carriage of Goods by Sea Act 1971) and must be brought within one year of delivery or the date when delivery should have occurred. The Admiralty Court in London is a leading forum for maritime disputes.
Principii fundamentale
Admiralty Jurisdiction — The Admiralty Court has jurisdiction over claims relating to ships, cargo, collision, salvage, towage, and maritime liens (Senior Courts Act 1981, s.20).
Carriage of Goods by Sea — The Hague-Visby Rules (Carriage of Goods by Sea Act 1971) govern the carrier's obligations and liabilities for goods carried under a bill of lading.
Bills of Lading — A bill of lading serves as a receipt for goods, evidence of the contract of carriage, and a document of title. The Carriage of Goods by Sea Act 1992 governs the transfer of contractual rights.
Salvage — The law of salvage rewards those who voluntarily save maritime property from peril. Governed by the International Convention on Salvage 1989 (implemented by the Merchant Shipping Act 1995).
Limitation of Liability — Shipowners can limit their liability for maritime claims under the Convention on Limitation of Liability for Maritime Claims 1976 (Merchant Shipping Act 1995, s.185).
Collision — Liability for collision at sea is governed by the Maritime Conventions Act 1911 and the International Regulations for Preventing Collisions at Sea (COLREGs).
Statute cheie
Carriage of Goods by Sea Act 1971
Merchant Shipping Act 1995
Cazuri de referință
The Hague
[1908] P 189
The Achilleas
[2008] UKHL 48
Scenarii comune
Cargo damaged during sea transit
Under the Hague-Visby Rules, the carrier is prima facie liable for loss or damage to goods. The carrier can escape liability by proving one of the excepted perils (e.g., act of God, perils of the sea, inherent vice of the goods). Liability is limited per package or unit.
Ship runs aground and needs rescue
Salvage services rendered voluntarily to a ship in danger entitle the salvor to a reward. The reward is assessed by reference to the value of the property saved, the skill and effort of the salvors, and the degree of danger.
Related Careers
Frequently Asked Questions
What is a bill of lading and why is it important?
A bill of lading is a key shipping document that serves three functions: it is a receipt for the goods loaded, evidence of the contract of carriage, and a document of title. As a document of title, it can be transferred to a buyer who then acquires rights in the goods and rights under the contract of carriage (Carriage of Goods by Sea Act 1992). Whoever holds the original bill of lading can claim the goods from the carrier.
Who is liable if my goods are lost or damaged at sea?
Under the Hague-Visby Rules (incorporated by the Carriage of Goods by Sea Act 1971), the carrier is prima facie liable for loss or damage occurring between loading and discharge. The carrier can escape liability by proving one of the excepted perils listed in the Rules (e.g. act of God, perils of the sea, act of war, inherent vice of the goods). Liability per package is limited under the Rules.
What is a demurrage charge in shipping?
Demurrage is the compensation a charterer pays to a shipowner when the ship is detained at port beyond the agreed free time for loading or discharging ('laytime'). It is calculated at a daily (or hourly) rate specified in the charterparty. Demurrage runs from when laytime expires until the ship is released — it is sometimes described as 'rent for the ship's time'.
What is the limitation of liability in shipping?
Under the Convention on Limitation of Liability for Maritime Claims 1976 (implemented by the Merchant Shipping Act 1995), shipowners can limit their liability for maritime claims to a fund calculated based on the ship's tonnage. Limits can only be broken if it is proved the loss resulted from the shipowner's personal act or omission, committed with intent to cause such loss or recklessly.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Get Professional Help