admiralty report- history

7/25/2019 Admiralty Report- History

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AdmirOR MaLaw

by: RuSancon


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Defnition

Admiralty or maritim

The law of the sea or law applied cases.

It is a corpus of rules,

and legal practices govcentrally important cothe business and carryand passengers by wa


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ORIGI O! MARI"IM# LA$S

Code of Hamurrabi (Old babylonia)

Consolato del are (!isa, Italy or "arcelona, #pain

$aws of Oleron (%ngland, &&') "asis of the %ngmaritime law

aritime $aws of *isby of &+

Ordinance de la arine of $ouis -I

/uidon de la er &01


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%IS"OR& O! '%ILI''I# ADMIRAL"&

2ing !hilip issued the Ordenan3as de "ilbao&114

The #panish Code of Commerce was Issued&5+6 but the same was revised in &55', it the latter that was e7tended in the !hilippi

*hen the 8mericans occupied the !hilippinthese laws were 9ept in force


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(ARIO)S LA$S )D#R'%ILI''I# MARI"IM# LA$

Code of Commerce

Carriage of /oods by #ea 8ct

Overseas #hipping 8ct

#hip ortgage :ecree

#alvage $aw

aritime Conventions Tari; and Customs Code

!:, 8dministrative Orders, and those %nacted byCongress

!hilippine erchant arine


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DIS"IG)IS%IG *%ARA*"#RIS"I* O! MARI"IM#!ROM *I(IL AD M#R*A"IL# LA$

aritime $aw is generally characteri3edby its =limited liability> or so?called realand hypothecary nature of maritime law.

It means, the liability of the agent orshipowner in connection with maritimecontracts is con@ned or limited to theres.


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MARI"IM# LA$ IS 'AR" O! I"#RA"IOLA$

$ord ans@eld in $u9e v. $yde (+ "urr. 55that maritime law is not the law of a partcountry but the general law of nations.


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ORIGI !OR "%# LIMLIA+ILI"&

The real and hypothecary n

the liability of the shipowneagent embodied has its origprevailing conditions of thetrade and sea voyages dur

medieval ages, attended byinnumerable ha3ards and p


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aritime $ienIs a privileged claim or charge upon awhich claim or lien travels with that shsecretively and unconditionally and menforced by an action in rem.


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MARI"IM# LI#S

a.ta7es, e7penses, costs and fees imposed

by the stateAb.The wages of the crewA

c./eneral averageA

d.#alvage including contract salvageA

e.aritime liens arising prior in time to the

recording of the preferred shipmortgagedA

f. :amages arising out of tortA and

g.$ien of preferred ship mortgagedregistered prior in time.


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RIS,S I '%ILI''I#$A"#RS

It is a matter of common

9nowledge that shipping activitiesdo not cease in the country at anytime. #eamen ta9e their chancesin discharging their duties a allseasons.

$osses resulting from accidentcaused by a sudden andune7pected gust of wind haveunder some circumstances held tobe attributable to an act of /od.


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J)DI*IAL O"I*# O! $ORADMIRAL"& AD MARI"IM

Bnder the


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ADMIRAL"& AD MARI"IM#J)RISDI*"IO


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