Every water craft usually intended to sea navigation regardless its
kind, and it purpose, and regardless the kind of navigation whether
high sea navigation or internal navigation.
Boats intended for internal navigation or inside
straits and the harbors are not considered as ships.
When the ship loses its seaworthiness or turns into wreck it is not
considered as a ship and the maritime law will not be applied.
Arrest and sale of ship's wreck is according to procedures
applicable to movables.
Every maritime creditor can make a protective arrest on the ship
subject to his credit, regardless the responsible for the credit was
the ship owner or charter.
Chartering a ship for the purpose of carriage of goods or passengers
or any other action of maritime carriage assumed sub-chartering the
ship.
The court has the right to characterize the contract a time charter
party as far as it didn't breach the words and the test of contract.
The addition of a written clause be the parties to the printed
contract in the bill of lading is obliged even if there is a
conflict between it and the printed one.
The bill of lading is a tool of trust which represents the Goods and
can replace it.
The conclusiveness of the bill of proof.
The bill of lading is an absolute prima facie evidence.
Proof to the contrary by the carrier is admissible only in the
relationship between the shipper and the carrier and not admissible
before the third parties including the consignee.
The carrier's exemption clause from liability to the damages or
deterioration caused by the sea risks is valid. As these sea risks
must not be an expecting for a legal exemption to the carrier form
liability. ( force majeure) .
The agreement according to exempting the carrier from liability to
the damage happened to the goods before charging or after discharge
shall not apply if the documents are lack of evidence to appear that
the damage occurred during two periods (before loading and after
discharge).
Taking into consideration the reservation clauses recorded by the
carrier in the bill of lading is an evidence for his ignorance to
the details in the bill of lading.
The carrier shall not be liable for the deficiency to the portions
fixed by the trade usage if the shipper or the consignee can't prove
that the deficiency resultant from carrier's fault or any of his
subordinates.
Regarding the appeal court with its relevance limited authority that
the trade usage estimated the portion of exemption as 2% from the
value of charging corn because of the drought ness which happened to
the goods during the maritime journey.
Letter of guarantee is an evidence to its parties (shipper and the
carrier), not an evidence against the third parties (holder of the
bill of lading) .
It's customary that the carrier and the insurer shall not be liable
for the deficiency not exceeding 1% concerning the carriage of oils
and greases which bulk loaded, as it is incurring shortage because
of stick to tanks and pipes during charging and discharge .
The provisions of the convention (Brussel convention 1910-the
international convention for unification of certain rules of law
relation to maritime collisions) apply on damages which caused by a
vessel against another vessel even if there is no physical collision
happened between them.
