pi_circular Compliance & regulationCargo risk West of England
News 02 Mar, 2023 Greece enacts new Code of Private Maritime Law Ian Clarke CEO (Hellas) The Club’s Piraeus legal correspondents, Deucalion Rediadis LP, have advised that there has been a comprehensive revision of the Greek Code of Private Maritime Law, which will come into effect from 1 May 2023. There are some welcome additions which bring the legal framework up to date. A summary of the main provisions is as follows: Download PDF The distinction between ships and other floating craft is being replaced with that between ships and ‘static’ craft, depending on whether the vessel is usually motile or stationary, without regard to size. Certain provisions on ship mortgages previously reserved for vessels over 1,500 g.r.t. have been extended to other classes of Greek-flag ships and craft. Finance leases for ships have been permitted; however, a bareboat charterer may not register a Greek-flag ship with a foreign registry. The buyer of a ship in a transaction with a close connection to Greece will no longer be liable for third-party claims against the selling shipowner, unless these are secured by maritime lien. Liability for wrongful arrest has been extended to cover also detention of a ship by way of a provisional order issued in anticipation of a judgment for her conservative seizure, where such order has been applied for in bad faith and has subsequently been discontinued by the said judgment. Express powers to auction off liened cargoes are being provided, with claims for freight and other amounts due under the charter taking priority and, also, benefiting from a statutory lien over the ship’s bunkers. A right to refuse to enter port, or to proceed with loading or discharging cargo, is also provided for expressly. Owners may, under certain conditions, claim against sub-charterers directly for freight due under the head charter, up to the amount due by the sub-charterer to the charterer. Provision is made for bills of lading, other cargo documents and charterparties
Greece enacts new Code of Private Maritime Law
West of England
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