Maritime Law of 1953.
Country
Type of law
Legislation
Abstract
This Law consists of 385 articles divided into 9 Chapters. Chapter 1 defines a ship as a navigable vessel classified as movable property under specific legal conditions, stipulating that a ship is Libyan if registered in Libya and at least half-owned by Libyan nationals, with possible exceptions by the Minister of Transport. Ships must fly the Libyan flag if captured or confiscated, with coastal navigation reserved for Libyan and authorized foreign ships. Ships must display identification in Arabic and Latin and register ownership with the port authority; unregistered ships face detention and penalties, and all transactions must be registered to be valid. Chapter 2 addresses maritime financial matters: (i) Privileges: Prioritized debts, like judicial expenses, harbor fees, crew wages, salvage rewards, and collision damages, are privileged and apply to the ship, its earnings, and accessories, generally expiring after one year. (ii) Securities: Ships over two tons can be insured by owners or agents through written agreements, recorded in the registry, covering the ship and its parts. (iii) Disposition to Foreigners and Seizure: Owners must notify authorities before selling or dismantling ships to foreigners, with seizures following a process of payment notices, court orders, and public auctions, clearing previous claims, and distributing proceeds legally. Chapter 3 outlines the responsibilities and liabilities of shipowners and equipment providers. Shipowners are accountable for the captain's actions, crew errors, and contractual obligations, with liability capped at the ship's value, freight, and accessories. In cases of death or bodily harm due to errors by the captain or crew, the owner's liability can double, with exceptions. Limited liability does not apply to the owner's errors unless they also serve as the captain. The shipowner must prove the ship's value at specific times, and debts from incidents are combined proportionally. Principal charterers and non-owner equipment providers also benefit from limited liability, with courts able to suspend asset proceedings to prioritize ship sales and debt distribution. Chapter 4 details the captain's responsibilities, including accountability for damages due to fraud or error, delivering cargo with proof of receipt, inspecting the ship, forming the crew, and executing contracts with the shipowner's consent. The captain acts as a public official, documenting births, deaths, and wills, maintaining security, and keeping various records and logs. They must carry specific documents, lead the ship personally, and save valuable cargo in emergencies. The captain can borrow money or sell cargo in urgent needs with authorization but cannot sell the ship without special authorization. Upon arrival, they must authenticate the ship’s log and submit a maritime report in case of incidents, which is audited for validity in court. Their authority remains intact even with a mandatory pilot on board. Chapter 5, concerning Maritime Labor Regulation, details health protection measures for seafarers, including medical compulsory examinations before employment, coverage of treatment costs for duty-related injuries or illnesses, cessation of treatment expenses for untreatable conditions, and entitlements to wages during and after illness or injury, up to four months. Chapter 6 covers ship chartering and transport contracts, detailing the non-replaceability of a named ship, consequences for carrying unauthorized goods, the responsibilities and liabilities of the charterer in a time charter, and definitions for voyage charter and sea transport contracts. Chapter 7 addresses maritime risks, covering collision laws and liabilities, assistance and salvage operations, and the principles of marine loss settlement. Chapters 8 and 9 concern various provisions of contracts.
Attached files
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Date of text
Entry into force notes
This Law enters into force 15 days after its publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
القانون البحري لسنة 1953