Hypothecary Principle
2
1.A maritime protest should be made when a vessel has gone through a hurricane or the captain believes that the cargo has suffered damage or averages. It shall likewise be done if the vessel having been wrecked, the captain is saved alone or with part of his crew, in which case, he shall appear before the nearest authority and make a sworn statement of the facts. 2. The protest should be made within 24 hours following the arrival if the vessel at the first port. Upon arrival at the place of destination, the captain shall ratify the protest within 24 hours. MARITIME PROTEST � a written statement under oath, made by the master of a vessel, after the occurrence of an accident or disaster in which the vessel or cargo is lost or injured, with respect to the circumstances attending such occurrence. It is usually intended to show that the loss or damage resulted from a peril of the sea, or from some other cause for which neither master nor owner was responsible, and concludes with the protestation against any liability of the owner for such loss or damage. A maritime protest is required in the following: 1. Arrival under stress;- ARRIVAL UNDER STRESS � an arrival of the vessel at a port not of destination on account of (a) lack of provisions; (b) well-founded fear of seizure; (c) by reason of accident of the sea disabling it to navigate 2. Shipwreck; -denotes all types of loss/ wreck of a vessel at sea either by being swallowed up by the waves, by running against another vessel or thing at sea or on coast where the vessel is rendered incapable of navigation 3. Collision;- COLLISION � the impact of two vessels both of which are moving 4. In case the vessel has gone through a hurricane or when the captain believes that the cargo has suffered damages Liabilities of ship owner and ship agent 1. Civil liability for the acts of the captain 2. Civil liability for contracts entered into by the captain to repair, equip and provision the vessel, provided that the amount claimed was invested for the benefit of the vessel 3. Civil liability for indemnities in favor of 3rd persons which may arise from the conduct of the captain in the care of the goods which the vessel carried, as well as for the safety of the passengers transported
description
maritime commerce
Transcript of Hypothecary Principle
1.A maritime protest should be made when a vessel has gone through a hurricane or the captain believes that the cargo has suffered damage or averages. It shall likewise be done if the vessel having been wrecked, the captain is saved alone or with part of his crew, in which case, he shall appear before the nearest authority and make a sworn statement of the facts.2. The protest should be made within 24 hours following the arrival if the vessel at the first port. Upon arrival at the place of destination, the captain shall ratify the protest within 24 hours.
MARITIME PROTEST � a written statement under oath, made by the master of a vessel, after theoccurrence of an accident or disaster in which the vessel or cargo is lost or injured, with respect to thecircumstances attending such occurrence. It is usually intended to show that the loss or damageresulted from a peril of the sea, or from some other cause for which neither master nor owner wasresponsible, and concludes with the protestation against any liability of the owner for such loss ordamage.
A maritime protest is required in the following:1. Arrival under stress;- ARRIVAL UNDER STRESS � an arrival of the vessel at a port not of destination on account of (a) lack ofprovisions; (b) well-founded fear of seizure; (c) by reason of accident of the sea disabling it to navigate
2. Shipwreck; -denotes all types of loss/ wreck of a vessel at sea either by being swallowed up by the waves, by running against another vessel or thing at sea or on coast where the vessel is rendered incapable of navigation3. Collision;- COLLISION � the impact of two vessels both of which are moving4. In case the vessel has gone through a hurricane or when the captain believes that the cargo has suffered damages
Liabilities of ship owner and ship agent
1. Civil liability for the acts of the captain2. Civil liability for contracts entered into by the captain to repair, equip and provision the vessel, provided that the amount claimed was invested for the benefit of the vessel3. Civil liability for indemnities in favor of 3rd persons which may arise from the conduct of the captain in the care of the goods which the vessel carried, as well as for the safety of the passengers transported4. Damages in case of collision by reason of the fault, negligence or lack of skill of captain or any of the complement.
NOTE: Ship owner/agent not liable for the obligations contracted by the captain if the latter exceeds his powers and privileges inherent in his position of those which may have been conferred upon him by the former. However, if the amount claimed were made use of for the benefit of the vessel, the ship owner or ship agent is liable.
