Shipping Law 2025
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 […]
Setting up a corporation in Ecuador
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, […]
Causation in Maritime Insurance: The Cendor MOPU
The Cendor MOPU case law brings a new scenario to insurance law. Causation is a very important part in marine insurance law. The general principle in English Law is that the insurer will only be liable for any loss, which is proximately caused by a peril insured against. (Marine Insurance Act, 1906, section 55). At […]
Overview of maritime law in Ecuador
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 […]
The UK Insurance Act 2015: The Shift in Marine Insurance Warranties Regime
For more than a century the English Marine Insurance Act 1906 has been keeping principles of marine insurance law regarding warranties which according to law commentators became obsolete and out of market. These principles were subject to fundamental changes with The Insurance Act 2015 that will come into force on 12 August 2016. This is […]