final report transpo

8/18/2019 Final Report Transpo

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LO A N S ON BO T TOMR

A ND RE SPONDEN TB Y: HO SNI A YO A ND J A NEL A


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DEFINITION

• ARTICLE 719 OF THE CODE OF COMMERCE STATES THAT: “A LOAN IN WHICH UNDEWHATEVER, THE REPAYMENT OF THE SUM LOANED AND OF THE PREMIUM STIPSAFE ARRIVAL IN PORT OF THE GOODS ON WHICH IT IS MADE, OR OF THE PRIC

CASE OF ACCIDENT, SHALL BE CONSIDERED A LOAN ON BOTTOMRY OR RESPO


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BOTTOMRY

• IS A CONTRACT WHEREBY THE OWNER OF A SHIP BORROWS FOR THE USE, E!U VESSEL, FOR A DEFINITE TERM, AND PLEDGES THE SHIP AS SECURITY, WITH TSHIP IS LOST DURING THE VOYAGE OR DURING THE LIMITED TIME ON ACCOUNLENDER SHALL LOSE HIS MONEY.


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RE SPONDEN T


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RESPONDENTIA

• IS A LOAN SECURED BY THE OWNER OF THE CARGO PAYABLE UPON SAFE ARRIDESTINATION.


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PARTIES TO THE LOAN

• SHIP OWNER OR SHIP AGENT• OWNER OF THE CARGO• LENDER


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FORMALITIES NEEDED• ARTICLE 7"# OF THE CODE OF COMMERCE STATES THAT: “LOANS ON BOTTOMRY O

MAY BE E$ECUTED:

• 1. BY MEANS OF A PUBLIC INSTRUMENT%

• ". BY MEANS OF A POLICY SIGNED BY THE CONTRACTING PARTIES AND THE BRTHEREIN%

• '. BY MEANS OF A PRIVATE INSTRUMENT.


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EFFECT OF LOSS

• ARTICLE 7'1 OF THE CODE OF COMMERCESTATES THAT: THE ACTIONS PERTAININGSHALL BE E$TINGUISHED BY THE ABSOLUTE LOSS OF THE GOODS ON WHICH THE LOA


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EFFECT OF LOSS

• ENERAL RULE: IF THE PROPERTY THAT WAS COLLATERAL WAS LOSS, THE LOAN

• E$CEPTIONS:1. PERISHED DUE TO INHERENT DEFECTS% ". BROUGHT ABOUT BYTHE SHIP OWNER% '. BARRATRY OF THE CAPTAIN% 4. ENGAGED IN UNLAWFULCARGO LOADED ON THE VESSEL BE DIFFERENT IN FROM THAT AGREED UPON.


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DISTINGUISHED FROM ORDINA)*+,-). L/-, B/00/ ).2R345/,*3,0+-W+06 /) +06/80 / -03)- A 7- 7+06 9/ -03)-

A,. 5)/53)0. -. ;3 843* -4 / -03)- P)/53)0 + + +03* 0/ +404 +, 063 30+ =8+ 63* + 063 3


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CASES WHERE LOAN IS REGARDED AS SI

• THE LOAN MUST BE MADE IN CONNECTION WITH THE MARITIME TRANSACTIOBECOMES A SIMPLE LOAN.

• IF THE LOAN IS BIGGER THAN THE VALUE OF THE COLLATERAL, THE LOAN BEC• IF THE PROPERTY IS NOT E$POSED TO MARITIME PERIL.

• REASONS:• ARTICLES 7"@ 7"9 OF THE CODE OF COMMERCE


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WHERE OODS OR VESSEL IS COVERED BINSURANCE• GENERAL RULE: IF IT IS 1## COVERED BY LOAN, IT CANNOT BE COVERED BY INSU

MORE INSURABLE INTEREST ON THE PART OF THE OWNER

• E$P: INSURANCE AND LOB2LOR MAY CO E$IST BUT THERE SHOULD BE A DETERMIINTEREST.

• ONCE INSURANCE AND LOAN CO E$IST, BOTH SHALL BE LIABLE FOR DAMAGES ININTEREST


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DIFFERENCE OF INSURANCE AND LO

• IN CASE OF LOSS IN INSURANCE, IT MAY BE PAID ANYTIME IN ALL EVENTS EVE

• IN CASE OF LOB2LOR: THERE SHOULD BE THE PRESENCE OF MARINE RIS&, ANE$TINGUISHED.


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CH A R TER P A R TB Y: CL A RI S SE MI


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CHARTER PARTY

• A CONTRACT WHEREBY AN ENTIRE SHIP OR SOME PRINCIPAL PART OF THE SA

• IS LET BY THE OWNER THEREOF TO A MERCHANT OR OTHER PERSON

• FOR A SPECIFIED TIME OR USE FOR THE CONVEYANCE OF GOODS

•

IN CONSIDERATION OF PAYMENT OF FREIGHT


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DOES IT REFER TO A PARTY IN A CON

• NO. IT IS A DOCUMENT IN ITSELF


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RE!UISITES FOR A CHARTER PA

• MUST BE INWRITING,SIGNED, AND WITH CONSENT OF PARTIE

• E$ISTENCE OF THE VESSEL AT THE DISPOSAL OF CHARTERER

• STIPULATION AS TOFREIGHTAGE

• MUST COMPLY WITH APPROPRIATE FORMALITIES


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WHAT ARE THE APPROPRIATE FORMA• &IND

• NAME

• TONNAGE

• FLAG RAISED

• PORT

• REGISTRY

• NAMES AND SURNAME AND DOMICILES OF :• SHIP OWNER• SHIP CAPTAIN• SHIP AGENT

• CAPACITY

• DATES OF LOADING AND UNLOADING

• E$TRA LAYDAYS

• DEMURRAGE

• PRIMAGE


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MUST THE CHARTER PARTY ALWAYS BE IN WSIGNED TO BE VALID

• YES. ACCORDING TO ARITCLE @("

• E$CEPTION : ARTICLE @(' PROVIDES THAT WHEN CARGO IS ALREADY DELIVWITHOUT THE CHARTER PARTY BEING SIGNED, THE STIPULATION SHOULD BE

CONTAINED IN BILL OF LADING


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&INDS OF CHARTER PARTY

• DEMISE OR BAREBOAT

• AFFREIGHTMENT


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DEMISE OR BAREBOAT

• SHIPOWNER LEASES TO THE CHARTERER THE WHOLE VESSEL, TRANSFERRINGCOMMAND, POSSESSION AND CONSE!UENT CONTROL OVER VESSEL S NAVIGA AND CREW, WHO THEREBY BECOMES THE CHARTER S SERVANTS


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• HE IS THE OWNER OF THE VESSEL AND EMPLOYER OF THE CREW


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CAN A SHIP CAPTAIN ENTER INTO A CHARTETHE VESSEL OF THE SHIP OWNER

• YES. A SHIP CAPTAIN WHO ENTERED INTO A CHARTER PARTY EVEN AGAINST WWILL BE CIVILLY LIABLE FOR DAMAGES TO THE OWNER

• STILL CONTRACT, VALID


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IF VESSEL IS NO LONGER SEAWORTHY, CAP

• LOO& FOR ANOTHER VESSEL WITHIN PARAMETER OF 1(#&M FOR THE PURPOSE AND CONTINUE VOYAGE

• IF INDOLENT IN SEARCHING FOR ANOTHER VESSEL THEN HE IS LIABLE FOR WHATOCCUR

• CARGO OWNERS WILL HAVE THE RIGHT TO LOO& FOR ANOTHER VESSEL AT THE EOWNER

• IF HE CANNOT FIND ANOTHER VESSEL, HE MAY DEPOSIT THE VESSEL WHICH I


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CAN CAPTAIN SELL CARGO

• YES

• IF UNDER SPECIAL CIRCUMSTANCES SUCH AS FOR NECESSITY, RPOVISION, FOOTHE CAPTAIN CAN SELL BUT MUST PAY THE OWNER

• IF PRESERVING THE CAARGO IS MORE E$PENSIVE THAN THE VALUE CARGO ITSELF• IF THE CONSIGNEE CANNOT BE FOUND AND THERE IS REFUSAL TO SELL OR RELEA


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OBLIGATIONS IN A CHARTER P

• SHOULD NOT ACCEPT CARGO MORE THAN IT CAN HANDLE

• MUST RESPECT CAPACITY OF VESSEL

• IF NOT DANGEROUS, HE CAN STILL OPT TO DELVER BUT AT A HIGHERFREIGHT

• IN CASE OF E$PIRATION OF LAY DAYS, THE CARGO IS NOT YET READY FOR LOALEAVE WITHOUT THEM


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AFFREIGHTMENT

• VOYAGE THE VESSEL IS LEASED FOR ONE OR SERIES OF VOYAGES USUALLY TRANSPORTING GOODS FOR CHARTERER

• TIME PERIOD VESSEL IS CHARTERED FOR A FI$ED PERIOD OR DURATION OF V


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IMPLICATIONS OF AFFREIGHT

• CHARTERER HIRES THE VESSEL ONLY

• MASTER AND CREW REMAIN IN THE EMPLOY OF THE SHIPOWNER

• CHARTERER AC!UIRES THE RIGHT TO UTILI E THE CARRYING CAPACITY

• SHIPOWNER REMAIN AS THE OWNER OF VESSEL

• SHIPOWNER LIABLE FOR E$PENSES OF VOYAGE


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BAREBOAT VS AFFREIGHTMEN

• AS TO THE LIABILITY :• BAREBOAT : CHARTERE BECOMES LIABLE TO OTHERS CAUSED BY ITS NEGLIGENC• AFFREIGHTMENT : OWNER REMAINS LIABLE AS CARRIER AND MUST ANSWER FOR


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• AS TO THECHARTERER AS OWNER:• BAREBOAT : OWNER• AFFREIGHTMENT : NOT REGARDED AS OWNER


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• AS TO THE POSSESSION AND COMMAND OF VESSEL:• BAREBOAT : OWNER OF VESSEL RELIN!UISHES POSSESSION, COMMAND AND NAVIG• AFFREIGHTMENT : VESSEL OWNER RETAINS POSSESSION, COMMAND AND NAVIGA


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EFFECT OF CHARTER ON CHARTER O

• GENERALLY: THE CHARACTER OF COMMON CARRIER AS SUCH IS NOT AFFECTIF THE SAME IS A CONTRACT OF AFFREIGHTMENT.

• BAREBOAT OR DEMISE CHARTER : CHARTER PARTY TRANSFORMS THE COMMO

PRIVATE CARRIER AND IT LIMITS LIABILITY IN CASE OF NEGLIGENCE OF THE S VALID IN THE CASE OF BAREBOAT

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