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 •
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Elected ! the ship owner"s to represent the#$ thus, revocale %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 triunal %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 insuordination, roer!, theft, haitual drun3enness, da#age caused to the vessel through #alice or negligence (. Ma3e captain accountale under Art. 2/ and 24, 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 6iailities of the 8hip Agent. 8hip Owner and 8hip Agent 9ointl! and civill! liale for da#ages arising fro# % reach of contract and %/ e:tra contractual oligations %i.e. tort %Art. &42, /. ;ointl! and Civill! liale 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 pri#ar! liailit! of e#plo!er 0. If #anaging for an association- Account the results of each vo!age %Art. &'4, CC)
B. Co-owners Co?ownership @ presu#ed when two or #ore persons are part owners of a #erchant • vessel )owers• . Elect a ship agent /. Issue"Ma3e resolutions regardinga. #aintenance, euip#ent and provisioning of the vessel . dissolution of the partnership c. #atters concerning the sale and #anage#ent of the vessel B Resolutions pro#ulgated ! the #a9orit! shall ind the #inorit! 6iailities• . )roportionate pa!#ent of e:penses through e:ecutor action ! the #anaging agent /. )roportionate 1ivision of profits etween co?owners
0. Inde#nification of the captain for e:penses incurred C. Captain ualifications. Dilipino citi7enship /. 6egal capacit! to contract 0. 83ill, capacit! and ualifications to co##and and direct a vessel •
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B Dinancial ad#inistration if without necessar! ualifications )owers. Appoint or #a3e new contracts with the crew in the asence of the ship agent /. Co##and crew and direct the vessel to the port of its destination 0. I#pose punish#ent upon those who fail to co#pl! with his orders or are wanting in discipline suseuent the holding of a preli#inar! hearing (. Ma3e contracts for the charter of the vessel &. Adopt all proper #easures to 3eep the vessel well supplied and euipped 2. Order repairs on the vessel in urgent cases while on a vo!age Oligations. ave on oard %a an inventor! of vessel parts and euip#ent, % a roll of the crew and their contracts, %c ro!al"navigation certificate, %d list of passengers, %e ill of health, %f certificate of registr!, etc. /. ave on oard three folioed and sta#ped oo3sa. 6ogoo3 . Accounting Foo3 c. Dreight Foo3 0. ave the vessel chec3ed !, at least, two e:perts (. Re#ain constantl! on oard while cargo is eing ta3en on oard and watch towage thereof and not allow loading of dangerous cargo without precautions and which #a! endanger the safet! of the vessel &. 1e#and a pilot when reuired ! the vo!age 2. )resent hi#self when #a3ing a port in distress efore twent! four hours have elapsed to the Mariti#e Authorit! or consul of the Repulic of the )hilippines 5. Re#ain on oard in case the vessel is in danger until all hope to save it is lost 6iailities Captain is liale to the ship agent"owners and third persons in case of. 1a#age to the vessel due to negligence /. Misde#eanor aoard the vessel 0. Ghefts co##ited ! the cew (. 6osses, fines and confiscations i#posed on the vessel due to custo#s, police, health and navigation laws and regulations violations &. 1a#age arising ! reason of going out of course 6iailit! of the captain for a cargo egins fro# the ti#e of deliver! until deliver! to the shore or on the discharging wharf at the port of unloading Captain shall not e liale % for da#ages caused to vessel or cargo ! force #a9eure and %/ for oligations contractd for the repair and provisioning of the vessel
D. Piot ! Master
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)ilot is a person dul! ualified and licensed to conduct a vessel into or out of ports, or in certain waters
