Professional Documents
Culture Documents
Maritime Commerce Provisions
Maritime Commerce Provisions
MARITIME COMMERCE
VESSELS
A. Meaning; Status; Registration
i. PRESIDENTIAL DECREE No. 474 June
1, 1974: Maritime Industry Decree of
1974
Section 3. xxx
b. "Vessels" or "Watercraft" Any
barge, lighter, bulk carrier,
passenger ship freighter, tanker,
container ship, fishing boats or
other artificial contrivance
utilizing any source of motive
power, designed, used or capable
of being used as a means of
water transportation operating
either as common contract
carrier, including fishing vessels
covered under Presidential
Decree No. 43, except (1) those
owned and/or operated by the
Armed Forces of the Philippines
and by foreign governments for
military purposes, and (ii)
bancas, sailboats and other
waterborne contrivance of less
than three gross tons capacity
and not motorized.
Duties
ARTICLE 612. The following obligations
shall be inherent in the office of captain:
1. To have on board before
starting on a voyage a detailed
inventory of the hull, engines,
rigging, spare-masts, tackle, and
other equipment of the vessel;
the royal or the navigation
certificate; the roll of the persons
who make up the crew of the
vessel, and the contracts entered
into with them; the lists of
passengers; the bill of health; the
certificate of the registry proving
the ownership of the vessel and
all the obligations which
encumber the same up to that
date; the charter parties or
authenticated copies thereof; the
invoices or manifests of the
cargo, and the memorandum of
the visit or inspection by experts,
should it have been made at the
port of departure.
2. To have a copy of this code on
board.
3. To have three folioed and
stamped books, placing at the
beginning of each one a
memorandum of the number of
folios it contains, signed by the
maritime authority, and in his
absence by the competent
authority.
In the first book, which shall be
called "log book," he shall enter
day by day the condition of the
Prohibited Acts
ARTICLE 613. A captain who navigates
for freight in common or on shares may
not make any separate transaction for
his own account; and should he do so,
the profit which may accrue shall belong
to the other persons interested, and the
losses shall be borne by him exclusively.
Liabilities
ARTICLE 614. A captain who, having
made an agreement to make a voyage,
fails to perform his undertaking, without
prevented by fortuitous accident or force
majeure, shall indemnify for all the losses
which he may cause without prejudice to
the criminal penalties which may be
proper.
ARTICLE 615. Without the consent of
the agent, the captain cannot have
himself substituted by another person;
and should he do so, besides being liable
for all the acts of the substitute and
bound to the indemnities mentioned in
the foregoing articles, the captain as well
as the substitute may be discharged by
the ship agent.
ARTICLE 619. The captain shall be liable
for the cargo from the time it is delivered
to him at the dock or afloat alongside the
at the port of loading, until he delivers it
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A. Averages
i.
Definition
ii.
Ordinary or Petty Expenses
iii.
Simple or Particular Average
iv.
General Average
1.
Requisites,
inclusions
2.
Formalities
3.
Jettison
4.
Jason Clause
B. Maritime Protest
i.
When Proper
C. Collision
i.
Doctrine of Inscrutable Fault
ii.
Rules on Collision of Vessels
iii.
Doctrine of Error in Extrimis
D. Salvage Law (see page 277, Chavez)
V. SPECIAL CONTRACTS OF MARITIME
COMMERCE
A. Charter Party
i.
Kinds
ii.
Effects
iii.
Formal and Substantial
Requirements
iv.
Right to Rescind
B. Bill of Lading
i.
Definitions
ii.
Functions or 3-fold character
of BOL
iii.
Kinds of BL
iv.
Period of Bringing a Claim
C. Loans on Bottomry and
Respondentia
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