Imágenes de páginas
PDF
EPUB

For accidents occurring during the sojourn of a vessel in port, the valuation shall be according to the condition of the vessel at that port after the accident.

2. If it is a question of claims relating to the cargo, or arising on a bill of lading, not being claims provided for in the preceding paragraphs, the valuation shall be according to the condition of the vessel at the port of destination of the cargo, or at the place where the voyage is abandoned.

If the cargo is destined to more than one port, and the damage is connected with one and the same cause, the valuation shall be according to the condition of the vessel at the first of those ports.

3. In all the other cases referred to in article 1 the valuation shall be according to the condition of the vessel at the end of the voyage.

ARTICLE 4.

The freight referred to in article 1 (including passage money) is deemed, as respects vessels of every description, to be a lump sum fixed at all events at ten per cent of the value of the vessel at the commencement of the voyage.

ARTICLE 5.

The accessories referred to in article 1 mean

1. Compensation of material damage sustained by the vessel since the beginning of the voyage, and not repaired;

2. General average contributions in respect of material damage sustained by the vessel since the beginning of the voyage, and not repaired.

Payments on policies of insurance, as well as bounties, subventions, and other national subsidies, are not deemed to be accessories.

ARTICLE 6.

The various claims connected with a single accident, or in respect of which, in the absence of an accident, the value of a vessel is ascertained at a single port, rank with one another against the amount representing the extent of the owner's liability, regard being had to the order of the liens.

In proceedings with respect to the distribution of this sum the decisions given by the competent courts of the contracting States shall be evidence of a claim.

ARTICLE 7.

Where death or bodily injury is caused by the acts or faults of the captain, crew, pilot, or any other person in the service of the vessel, the owner of the vessel is liable to the victims or their representatives in an amount exceeding the limit of liability provided for in the preceding articles up to 8l. per ton of the vessel's tonnage. The victims of a single accident or their representatives rank together against the sum constituting the extent of liability.

If the victims or their representatives are not fully compensated by this amount, they rank, as regards the balance of their claims,

with the other claimants against the amounts mentioned in the preceding articles, regard being had to the order of the liens.

The same limitation of liability applies to passengers as respects the carrying vessel but does not apply to the crew or other persons in the service of that vessel whose right of action in the case of death or bodily injury remains governed by the national law of the vessel.2

ARTICLE 8.

Where a vessel is arrested and security is given for an amount equal to the full limit of liability, it shall accrue to the benefit of all creditors whose claims are subject to this limit.

Where the vessel is subsequently again arrested, the court may order its release, if the owner, while submitting to the jurisdiction of the court, proves that he has already given security for an amount equal to the full limit of his liability, that the security so given is satisfactory, and that the creditor is assured of receiving the benefit thereof.

If the security is given for a smaller amount or if security is required on several successive occasions, the effect will be regulated by agreement between the parties, or by the court, so as to ensure that the limit of liability be not exceeded.

If different creditors take proceedings in the courts of different States, the owner may, before each court, require account to be taken of the whole of the claims and debts so as to ensure that the limit of liability be not exceeded.

The national laws shall determine questions of procedure and time limits for the purpose of applying the preceding rules.

ARTICLE 9.

In the event of any action or proceeding being taken on one of the grounds enumerated in article 1 or article 7, the court may, on the application of the owner of the vessel, order that proceedings against the property of the owner other than the vessel, its freight and accessories shall be stayed for a period sufficient to permit of the sale of the vessel and distribution of the proceeds amongst the creditors.

ARTICLE 10.

Where the person who operates the vessel without owning it or the principal charterer is liable under one of the heads enumerated in article 1 or article 7, the provisions of this convention are applicable to him.

ARTICLE 11.

For the purposes of the provisions of the present convention, "tonnage" is calculated as follows:

In the case of steamers and other mechanically propelled vessels, net tonnage, with the addition of the amount deducted from the

? The protocol will contain an article authorising the contracting Powers to reserve to themselves the right of deciding that the owner of a vessel not used for carrying passengers and not exceeding 300 tons is liable for damage due to death or bodily injury, in accordance with the general terms of the convention, but without the necessity of applying to this liability the provisions of the first paragraph of this article.

38790—23-47

gross tonnage on account of engine-room space for the purpose of ascertaining the net tonnage.

In the case of sailing vessels, net tonnage.

ARTICLE 12.

The provisions of this convention shall be applied in each contracting State in cases in which one of the parties interested is a national of another contracting State, as well as in any other cases provided for by the national laws.

Nevertheless the principle formulated in the preceding paragraph does not affect the right of the contracting States not to apply the provisions of this convention in favor of the nationals of a noncontracting State.

ARTICLE 13.

This convention does not apply to vessels of war, nor to Government vessels appropriated exclusively to the public service.

ARTICLE 14.

Nothing in the foregoing provisions shall be deemed to affect in any way the competence of tribunals, modes of procedure, or methods of execution authorized by the national laws.

ARTICLE 15.

The monetary units mentioned in this convention mean their gold value.

Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this convention in terms of pound sterling into terms of their own monetary system in round figures.

The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing at the dates fixed in article 3.

ARTICLE 16.

After an interval of not more than two years from the day on which the convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the convention, with a view to deciding whether it shall be put into force. The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments. The first deposit of ratifications shall be recorded in a procès-verbal signed by the representatives of the Powers which take part therein and by the Belgian Minister for Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Belgian Government, and accompanied by the instrument of ratification.

A duly certified copy of the procès-verbal relating to the first deposit of ratifications, of the notifications referred to in the previous para

graph, and also of the instruments of ratification accompanying them, shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this convention or who have acceded to it. In the cases contemplated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received the notification.

ARTICLE 17.

Nonsignatory States may accede to the present convention whether or not they have been represented at the International Conference at Brussels

A State which desires to accede shall notify its intention in writing to the Belgian Government, forwarding to it the document of accession, which shall be deposited in the archives of the said Government.

The Belgian Government shall immediately forward to all the States which have signed or acceded to the convention a duly certified copy of the notification and of the act of accession, mentioning the date on which it received the notification.

ARTICLE 18.

The High Contracting Parties may at the time of signature, ratification, or accession declare that their acceptance of the present convention does not include any or all of the self-governing dominions, or of the colonies, overseas possessions, protectorates, or territories under their sovereignty or authority, and they may subsequently accede separately on behalf of any self-governing dominion, colony, overseas possession, protectorate, or territory excluded in their declaration. They may also denounce the convention separately in accordance with its provisions in respect of any self-governing dominion, or any colony, overseas possession, protectorate, or territory under their sovereignty or authority.

ARTICLE 19.

The present convention shall take effect, in the case of the States which have taken part in the first deposit of ratifications, one year after the date of the procès-verbal recording such deposit. As respects the States which ratify subsequently or which accede, and also in cases in which the convention is subsequently put into effect in accordance with article 17, it shall take effect six months after the notifications specified in article 16 and article 17 have been received by the Belgian Government.

ARTICLE 20.

In the event of one of the contracting States wishing to denounce the present convention, the denunciation shall be notified in writing to the Belgian Government, which shall immediately communicate a duly certified copy of the notification to all the other States informing them of the date on which it was received.

The denunciation shall only operate in respect of the State which made the notification, and on the expiry of one year after the notification has reached the Belgian Government.

ARTICLE 21.

Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments.

A State which would exercise this right should notify its intention to the other States through the Belgian Government, which would make arrangements for convening the conference.

II.

DRAFT INTERNATIONAL CONVENTION FOR THE UNIFICATION

OF CERTAIN RULES RELATING TO MARITIME MORTGAGES AND LIENS.

ARTICLE 1.

Mortgages, hypothecations, and other similar charges upon vessels, duly effected in accordance with the law of the contracting State to which the vessel belongs, and registered in a public register either at the port of the vessel's registry or at a central office, shall be regarded as valid and respected in all the other contracting countries.

ARTICLE 2.

The following give rise to maritime liens on a vessel, on the freight for the voyage during which the claim giving rise to the lien arises, and on the accessories of the vessel and freight accrued since the commencement of the voyage:

1. Law costs due to the State, and expenses incurred in the common interest of the creditors in order to preserve the vessel or to procure its sale and the distribution of the proceeds of sale; tonnage dues, light or harbor dues, and other public taxes and charges of the same character; pilotage dues; the cost of watching and preservation from the time of the entry of the vessel into the last port.3

2. Claims arising out of the contract of engagement of the master, crew, and other persons in the service of the vessel.

3. Remuneration for assistance and salvage, and the contribution of the vessel in general average.

4. Claims due by reason of the fault of the owner or of a person in the service of the vessel for collision or other accidents of navigation, for bodily injury to passengers or crew, for loss of or damage to cargo, and for damage caused to works forming part of harbors, docks, and navigable ways.

5. Claims arising on contracts entered into or acts done by the master, acting within the scope of his authority, away from the vessel's home port, where such contracts or acts are necessary for the preservation of the vessel or the continuation of its voyage, whether the master is or is not at the same time owner of the vessel,

8 The protocol will contain the following provision: “It is understood that the legislation of each State remains free (1) to establish among the claims mentioned in paragraph 1 of article 2 a definite order of priority, with the view of safeguarding the interests of the Treasury; (2) to confer on the authorities administering harbors, docks, lighthouses, and navigable ways, which have caused to be removed any wreck or other obstruction to navigation, or who are creditors in respect of harbor dues, or for damage caused by the fault of a vessel, the right, in case of nonpayment, to detain the ship, wreck, or other property, to sell the same, and to indemnify themselves out of the proceeds in priority to other creditors; and (3) to settle the ranking of claims för damage done to harbörs, docks, piers, and similar works otherwise than in accordance with the provisions of articles 5 and 6."

« AnteriorContinuar »