E. Transfer of obligations after transfer of ship
Under the previous code, the transfer of a ship could be considered as a transfer of business, with the seller and buyer being jointly and severally liable for any existing liabilities in connection with the ship. This is now to be abolished and the buyer will no longer liable for any such debt of the previous owner. However, creditors’ rights are still protected to a certain extent as:
a. this new rule does not apply in connection with maritime liens which are transferred to the new owner of a ship; and
b. the general provisions of Greek law for creditors’ protection against fraudulent transfers of assets also offer sufficient protection.
F. Ship operation
The legal regime for ship operation (efoplismos) is redefined in line with international conventions:
- the New Code clarifies that the cessation of a ship’s operations may either be declared by a common statement of the shipowner and ship operator or, in the event of dispute, following a court order; and - the New Code provides that the applicable law governing the liability of a shipowner for claims arising from the operation of a ship is the law which is the most appropriate taking into account the relevant circumstances (i.e. flag of ship, jurisdiction of the parties, place where the relevant agreements was concluded and/or performed, and any choice of law agreed between shipowner and ship operator).
“The concept of ship arrests as interim measures to be used on an emergency basis will be governed by the Brussels 1952 International Convention and the Greek Code of Civil Procedure.”
G. Administration and marine agency
The concepts of ship administrator and ship agent are introduced.
H. Pollution liability
The New Code cross-refers to international conventions in relation to oil pollution liability, diesel fuel pollution liability, third party liability arising from diesel fuel
About Watson Farley & Williams Watson Farley & Williams is an international law firm advising on complex transactions and disputes through local knowledge and an integrated international network. They have a strong sector focus, combining their technical excellence with deep industry knowledge across energy, transport and associated infrastructure.
Website:
https://www.wfw.com/
pollution and hazardous and noxious substances liability.
I. Modernisation of chartering provisions
- A broader definition is given to the concept of a “charterparty”, which now also includes the use of a ship or floating craft as permanent or temporary storage of oil and other petroleum products, or the chartering of drilling vessels;
- emphasis is given to the primacy of contractual freedom doctrine in line with international shipping practice; - bareboat charters and contracts of affreightment are officially introduced as types of chartering. The list is non-exhaustive however since the constantly evolving nature of shipping industry practice is creating hybrid conventional forms to meet ever-changing transport needs; and
- the rules of governing carriage of goods by sea are reformed in accordance with the Hague-Visby Rules.
J. Enforcement
- The concept of ship arrests as interim measures to be used on an emergency basis will be governed by the Brussels 1952 International Convention (to the extent applicable) and the Greek Code of Civil Procedure; - the New Code also provides for payment of damages in the event of detention or arrest of a ship when a plaintiff requesting the imposition thereof as interim measures has acted in bad faith;
- a time limit of five days from the service of an enforcement order has been set for the commencement of the enforcement proceedings, following which a ship’s sailing may no longer be prohibited; - English law concept of “court approved sale” is introduced; and
- the legal consequences of the registration of an auction sale effected abroad are made equivalent to those for auction sales effected in Greece.
62 | The Report • June 2023 • Issue 104
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144
