Extinctive Prescription, characteristics
Prescription is a roman law legacy. Comes from the Latin praescriptio, composed word of the terms prae and scribere which means prior to be written (Opala 1971). Charles P. Sherman mentions that under Roman law prescription consisted in a preliminary allegation before addressing the main issue in a trial. He cites that there were many […]
The Constitution of Ecuador, 2008
The current constitutional system in Ecuador is a constitutional state of rights and justice. As a result, there is a special focus in two characteristics: first, the direct application of the fundamental rights and, second, the source of constitutional law beyond the formal text of the constitution which entitles constitutional judges to observe also foreign […]
Civil Law and Common Law
The author writes about the differences between English Law and the Civil Law. Ecuador is under the Civil Law System. The common law system which is applied in England and Wales, and other jurisdictions (some former British colonies as the United States, Singapore, New Zealand, Pakistan, India, Canada, Australia, Belize, Hong Kong, Trinidad and Tobago, […]
Marine Collision Law in Ecuador
Ecuador is not a party of the Brussels Collision Convention. Ecuador is party from 2012 to the United Nations Convention on the Law of the Sea (UNCLOS). This convention includes provisions in regard to collisions on the high seas, determining that in regard to penal or disciplinary matters jurisdiction is subject to the flag State, […]
Goods on Deck – Ecuador
An article related to the Hague Visby Rules and goods on deck. Article 1 of Hague-Visby Rules determines that a cargo which by the contract of carriage is stated as being carried on deck and is so carried is excluded from the application of the Rules. This means that cargo on deck which complies with […]
Resident Visas – Ecuador
General information regarding requirements in order to obtain a resident visa in Ecuador. 1. There are different ways of obtaining a resident visa in Ecuador, as examples: a) A person that represents an Ecuadorian Corporation or a Foreign Corporation domiciled in Ecuador, with a minimum paid capital of US$ 25,000 b) A person who receives […]
Dissertation: Ecuador, marine collision law and prescription
Liabilities in Maritime Law, a case and comparative approach with Ecuador
A marine incident as a collision is able to generate multiple claims that at the time of assessment will consider the applicable law and also different kinds of liabilities and the possibility to limit such liability. As an example, the vessel arriving to the Port of Stockholm suddenly veers to Port and hits a Passenger […]
Basic Information regarding the Process of a Trademark Registration in Ecuador
Liability Cover in Marine Insurance: P&I Perspective
Leonidas Villagran Cover for liabilities not covered by hull and machinery policies in marine insurance is generally provided on a non-profit basis by Protection and Indemnity Associations also known as P&I Clubs which are based on mutuality. The story behind these Clubs comes from the 18th century in England, with The Bubble Act of 1720 which […]