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NOTES ON ABANDONMENT IN MARITIME TRANSPORTATION

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barrister

barrister
Reclusion Perpetua

Only the ship owner and the ship agent can make an abandonment.

However, in cases of co-ownership of a vessel, its part owner may exempt himself from liability by the abandonment of the part of the vessel belonging to him.

A charterer cannot make an abandonment of the ship as the character cannot be regarded as being in the place of the owners or agents in matters relating to the responsibility pertaining to ownership and possession of the vessel.

Abandonment may be made so as to be exempted from liability in the following cases:
a. For civil liability to third persons arising from the conduct of the captain in the vigilance over the goods which the vessel carried;
b. For the proportionate contribution of coowners of the vessel to a common fund for the results of the acts of the captain referred to in Art. 587 of the Code of Commerce; and
c. For the civil liability incurred by the ship owner in case of collision.

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