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 […]

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 […]

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 […]

International Sales: Standard Forms and Incoterms

The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms. Standard Form Contracts for use in international sales facilitate international trade and save time and money in negotiating efforts and drafting individual contracts. A Standard Form Contract is a result of experience and legal expertise in the […]

Prescription in Marine Collision Law in Ecuador

In August 2017 during a hearing in a Harbor Master investigation case regarding a collision incident, a very well-known Ecuadorian maritime attorney and former master mariner recalled that collisions happen due to diverse causes. [He said] that no master sails with the aim of such incident, and that even when the master, the pilot or […]

The roots of Maritime Law in Ecuador

The historical origin in the legal system of Hispanic America comes from Roman law, with wide influence throughout Europe as Spain and France, known as countries with a civil system, based on the written law. In contrast, despite the Roman invasion and its influence, the legal system of common law prevailed in England, based on […]

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 […]