Please enable JavaScript.
Coggle requires JavaScript to display documents.
MARITIME LAW - Coggle Diagram
MARITIME LAW
THE SHIP
The ship is considered a movable property, although due to its characteristics it can also be subject to real rights such as the naval mortgage
Legal Status: Establishes the legal framework on the ownership and use of the vessel. It includes registration requirements, documentation and the possibility of being subject to a guarantee.
Related contracts: Construction: It can be on its own account or commissioned to a shipyard (with final delivery of the vessel).
Purchase-Sale: Governed by commercial principles, it can be carried out with special conditions such as credit, leasing, or judicial auction.
Collateral: The vessel can be used as collateral to secure financial obligations (naval mortgage).
MARITIME LAW
Maritime Law is a branch of Law that regulates all activities related to maritime navigation and the legal relationships that derive from it. Its purpose is to organise and harmonise the rules governing transport by sea, the safety of vessels, the responsibilities of the actors involved and the conflicts that may arise in the maritime environment.
Branches of Maritime Law: • Private: Regulates legal relationships between private persons or entities in the maritime context (such as transport contracts, chartering, purchase and sale of ships).
• Public: It covers the rules that govern relations between the State and individuals, including the regulation of maritime space, ports, navigation control and sanctions.
THE SHIP
Responsibilities of the Shipowner: He must register as a merchant and is empowered to represent the ship legally and administratively. You can take command of the boat and hire the Captain and crew, taking responsibility for contracts, insurance and decisions related to the boat.
Key actors: Consignee: Receives the transported goods. Principals and Shipping Agents: They represent the interests of shipping companies, manage documentation and port operations.
The Captain: He is the commander of the ship, responsible for its operation, safety, discipline and compliance with maritime regulations. It also acts as the State's representative on the high seas.
Pilotage: It is a mandatory service in many ports where the pilot (specialized pilot) guides the ship to avoid risks when entering or leaving port areas.
MARITIME ACCIDENTS
-
Main types: • Collision : Collision between ships or with floating objects.
• Shipwreck: Total or partial sinking of the ship.
• Waterways/Total Losses: Water ingress or other events that cause severe damage.
• Rescue: Actions to recover cargo or vessel in distress.
• General Average: Loss or voluntary expense made to save the ship and its cargo in common.
MARITIME CONTRACTS
Contracts in the maritime field are essential to organize the transport of people or goods and services auxiliary to navigation.
Main types: Lease of the Vessel: Assignment of the use of the vessel for a period of time in exchange for rent. Includes financial leasing.
Voyage Charter: A contract where the vessel is chartered for a specific voyage.
Time Charter: A fixed-term lease agreement, where the charterer controls the commercial operation of the vessel.
Maritime Passage: Contract for the transport of people.
Towing and Rescue: Maritime assistance services, differentiated in purpose and remuneration.
PUBLIC MARITIME LAW
It regulates the actions of the State in the maritime field and the relationship with individuals. It also incorporates international law applicable to the seas.
Key areas: • Maritime and Port Administration: State regulation and control of ports and navigation.
• Maritime Public Domain: Use and preservation of coasts, territorial waters and maritime spaces.
• Law of the Sea and International: International rules that regulate sovereignty, navigation, fishing and maritime exploitation.
• Community and Fisheries Law: Regional and sectoral rules.
• Social-Labour Policy: Rights of seafarers.
• Litigation and Arbitration: Dispute resolution through maritime arbitration or judicial instances.