Chương 8 Luật hàng hải 1990: Đại lý tầu biển và môi giới hàng hải

Chapter VIII

SHIPS AGENT AND SHIPBROKER

Section A: SHIPS AGENT

Article 143

1. By a contract of agency, the ships agent undertakes for remuneration to act as a permanent representative of the shipowner at a given port or in a certain area.

2. The shipowner concludes with his ships agent a contract of agency for a certain call or for a specific period of time as mutually agreed. The scope of authority given by the shipowner to the ships agent must be clearly described in the contract of agency.

3. The contract of agency shall constitute ground to determine the legal relationship between the two parties and also an evidence of the shipowners authority to his agent in relation to a third party.

Article 144

1. By a contract of agency, the ships agent is authorized to undertake, in the name of the shipowner, to perform routine services connected with shipping trade including arrangement of all necessary formalities in connection with ships operation at the port, to conclude on behalf of the shipowner contracts of carriage, marine insurance contracts, contracts for cargo handling, charter parties, and recruitment agreements, to issue and sign bills of lading or similar documents, to receive and pay all amounts incident to the ships operation, and to pursue, in the name of the shipowner, claims arising from contracts of carriage and or marine accidents.

2. When concluding a contract in the name of the shipowner the ships agent may also act on behalf of the charterer or other contracting party, provided that the shipowner has given his consent thereto.

3. Where the ships agent, while performing a legal act in the name of the shipowner, has gone beyond the limits of his authority, the said the said act is nevertheless binding upon the shipowner unless the latter has, immediately upon receipt of information concerning the act, notified the other party that he does not ratify the act of the ships agent.

Article 145

1. The ships agent should care for the interests of the shipowner; comply with his orders and instructions; render him immediately the necessary information about relevant developments; render accounts for the amount received and spent pertaining to the authorized services.

2. The ships agent is obliged to indemnify the shipowner for losses and or damages resulting from his fault.

Article 146

The shipowner is obliged to instruct his agent to carry out the authorized service when necessary and to give the agent, on demand, adequate advances for meeting the expenses connected with the authorized agency services.

Article 147

The parties to the contract of agency shall mutually agree on the amount of the ships agents remuneration and in the absence of such agreement, it shall be determined by custom.

Article 148

Either contracting parties may rescind the contract in accordance with the provisions thereof.

Article 149

Claims arising from the contract of agency are barred at the expiration of two years from the day of their falling due.

Section B: SHIPBROKER

Article 150

1. The shipbroker undertakes for remuneration to act, on the individual authority of his principal, as an intermediary in concluding contracts of carriage, of marine insurance, of charter, of sale and purchase of vessel, towage contracts, recruitment agreements and contracts of other activities pertaining to maritime shipping activities.

2. The shipbroker is entitled to remuneration for his mediation only when the contract has been concluded as a result of his efforts. The shipbrokers commission is mutually agreed by and between the shipbroker and his principal, in the absence of agreement the shipbroker and his principal, in the absence of agreement the shipbrokers commission is determined by customs.

3. On the authority of his principal, the shipbroker concludes contracts, and or receives payments in the name of the principal, unless the authority contains an express limitation known to other party.

Article 151

The shipbroker may undertake to act on behalf of both contracting parties where such have commissioned him, he is, however, obliged to advise each party of the fact that he is acting also on behalf of the other contracting party, and in acting as an intermediary he should consider the interests of both parties.

Article 152

Claims arising from the relationship between the shipbroker and his principal are barred at the expiration of two years from the day of their falling due.

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