Persons Who Take Part in Maritime Commerce

April 16, 2018 | Author: Omar Kareem Mauricio | Category: Sea Captain, Law Of Agency, Negligence, Indemnity, Common Law
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Persons who take part in Maritime Commerce...


MAURICIO, OMAR KAREEM V. PERSONS WHO TAKE PART IN MARITIME COMMERECE A. Ship Agent A person entrusted with provisioning of the vessel, or who represents her in the port in • which she happens to e •

Elected ! the ship owner"s to represent the#$ thus, revocale %Art. &'( Code of Co##erce of the )hilippines *CC)+ )owers. Enter into contracts on ehalf of ship owners %Art, &'(, CC) /. Represent vessel in an! action in a court or triunal %Art, &'(, CC) 0. 1ischarge the ship captain or crew"s of his"their duties %Art. &'2, CC) Exception- If contract of captain"crew is for a specific period Exception to exception- If discharged ! reason of insuordination, roer!, theft, haitual drun3enness, da#age caused to the vessel through #alice or negligence (. Ma3e captain accountale under Art. 2/ and 24, CC) %Art. &45, CC) 6i#itations to )owers- %Art. &'4, CC) . Cannot order new vo!age /. Cannot #a3e contracts for new charters 0. Cannot insure vessel %without authori7ation Exception- If such powers are granted in the certificate of appoint#ent 6iailities of the 8hip Agent. 8hip Owner and 8hip Agent 9ointl! and civill! liale for da#ages arising fro# % reach of contract and %/ e:tra contractual oligations %i.e. tort %Art. &42, /. ;ointl! and Civill! liale for inde#nities to third persons %Art. &45, CC) Exception to 1 &2- Captain acts in e:cess of authorit! Exception to exception- a. A#ounts clai#ed invested to the enefit of the ship . Art. /52
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