Definitions Flashcards
BILL OF LADING
The written acknowledgment of receipt of goods
and agreement to transport them to a specific place
to a person named or to his order.
MARITIME/ADMIRALTY LAW
It is the system of laws which particularly relates
to the affairs and business of the sea, to ships, their
crews and navigation, and to maritime conveyance
of persons and property
Is Arrastre service maritime in character?
Arrastre service is not maritime in character. It
refers to a contract for the unloading of goods from
a vessel.
What is a MERCHANT VESSEL?
Vessel engaged in maritime commerce, whether
foreign or otherwise. (Bar Review Materials in
Commercial Law, Jorge Miravite, 2002 ed.)
Constitutes property which may be acquired and
transferred by any of the means recognized by law.
They shall continue to be considered as personal
property. (Arts. 573, 585)
They are susceptible to maritime liens such as for
the repair, equipping and provisioning of the vessel
in the preparation of a voyage, as well as mortgage
liabilities, in satisfaction of which a vessel may be
validly arrested and sold. (Ship Mortgage Decree of
1978)
What is a Maritime Lien?
MARITIME LIEN
It constitutes a present right of property in the
ship, a jus in re, to be afterward enforced in
admiralty by process in rem. (PNB vs. CA, 337 SCRA
381)
If the maritime lien arose prior to the recording
of a preferred mortgage, it shall have priority over
the said mortgage lien. (PNB vs. CA, 337 SCRA 381)
What is the only instance when abandonment of ship is dispensed with?
When the vessel is entirely lost.
What is meant by interdiction of commerce?
Interdiction of commerce – A governmental
prohibition of commercial intercourse intended
to bring about an entire cessation for the time
being of all trade whatever.
What is meant by blockade?
Blockade – A sort of circumvallation of a place
by which all foreign connection and
correspondence is, as far as human power can
effect it, to be cut off
What is meant by embargo?
Embargo – A proclamation or order of a state,
usually issued in time of war or threatened
hostilities, prohibiting the departure of ships or
goods from some or all the ports of such state
until further order.
What is an Arrastre service?
ARRASTRE SERVICE
A contract for the unloading of goods from a
vessel.
What is a STEVEDORING SERVICE?
The carriage of goods from the warehouse or
pier to the holds of the vessel.
What is CONTAINERIZATION/ “SAID-TO-CONTAIN”/
“SHIPPER’S LOAD AND COUNT” SYSTEM
System whereby the shipper loads his cargoes in
a specially designed container, seals the container
and delivers it to the carrier for transportation. The
carrier does not participate in the counting of the
merchandise for loading into the container, the
actual loading, and the sealing of the container. (US
Lines v. Comm. Of Customs, ICTSI v. Prudential
Guarantee)