Bratislava Convention of 26.09.1955 on the General Conditions of Carriage of Goods on the Danube was negotiated and signed by leading companies working in the field of transport on the Danube including the Romanian Navigation Company (Navrom). It was not ratified by the states of the mentioned shipping companies. Siofok Convention of 23.09.1989 on the General Conditions of Carriage of Goods in…
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The plaintiff, under the provisions of article 998-999 of the Civil Code, has applied for the obligation of the defendant to pay damages for the illegal detention of the ship by way of presidential ordinance, given the dismissal of the application for an arrest filed by the defendant. In that case, the defendant requested the detention of the ship until the settlement of the application for an…
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Constanta Tribunal – Civil Decision no. 34/MF/06.04.2010 (unpublished). In this decision, The Court has decided, within a tort liability action directed by the shipowner against the ship’s agent requesting damages as a result of the abusive de facto arrest of the ship due to the infringement by the agent of its obligations, that the requirements of tort liability are not fulfilled, since the…
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CONSTANTA COURT OF APPEAL / Civil Decision no. 2/MF/18.02.2010 (unpublished). The arrested ship was forcedly sold at the request of a pursuer creditor. In view of arresting the ship, a bail was submitted by another creditor, the substantive file pending before a foreign court, file non-finalized on the date of the ship’s forced sale. The creditor that arrested the ship submitted an application for…
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Please give an overview of ship arrest practice in your country. Conditions imposed by Romanian law: a) Indicate and provide evidences to the Court that plaintiffs have started the main legal action (Court action or arbitration proceedings according to the provisions of the C/P or B/L) against the defendant. The evidence should be a letter from a Court, apostilled according to Hague Convention…
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Shipping regulations in general in Romania Port State Control in Romania; Ship registration and mortgages; Classification societies; Newbuilding and repairs contracts; Towage and pilotage; Labour on board the vessel. Crewing agents. Limitation of liability; Collision, salvage, wreck removal and pollution; Ship arrest; Judicial sale of vessels and distribution of funds; Carriage of goods by sea…
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The plaintiff vested the court with the action having as object the obligation of the defendant to pay damages caused by the collision of two river ships, the fault for the occurrence of the event devolving exclusively on the defendant. The court was to solve the jurisdiction issue in relation to the provisions of article 157 of Law no. 105/1992 on the regulation of private international law…
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Constanta Court (Minutes no. 271/MF/2001 – unpublished) decided that the requirement of article 908 (3) of the Commercial Code was met, given that the shipowner, in order to remove the arrest set on its ship, submitted a letter of guarantee issued by the insuring P&I Club. We hereby state that the plaintiff agreed with the submission of the letter of guarantee in this form. Otherwise it is…
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Constanta Court (Civil Decision no. 471/MF/01.11.2002 – unpublished) with good reason decided within a tort liability action aiming at the obligation of the defendant to pay exchange rate differences arising from the repair of the ship damaged due to the ship property of the defendant, that the upholding of the action in respect of the provisions of article 1084 of the Civil Code is necessary. The…
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Minutes no. 16/20.08.2009 of Constanta Court – unpublished. In that case that the Court misapplied the provisions of article 3 of the 1952 Convention considering that, even if the ship that was alienated, the quality of debtor still belongs to the defendant, pursuant to article 3(1) of the Convention. The conciliation operated by the Convention between the common-law and civil systems, of French…
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Minutes no. 33/MF/2012 of Constanta Court. Decision no. 10/MF/16.08.2012 of Constanta Court of Appeal – unpublished. The ground of the claims of the substantive action in that particular case was represented by an extra-contractual offence. The court held that the plaintiff does not have a maritime claim under Article 1(1)(e) of the 1952 Convention (claim arising from contracts relating to the…
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Decision no. 5.990/14.12.2005 of the High Court of Cassation and Justice – unpublished / ALIACMON RIVER case. Upon the loading of the vessel in question, i.e. 1999, the 1924 Hague Rules on the carriage based on bills of lading were in force in Romania, Rules subsequently denounced by Romania by Law no. 9/2002. The reasoning of the Supreme Court highlights the following law issues: The text of…
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Decision no. 3681/05.12.2008 of the High Court of Cassation and Justice – unpublished. “Bills of lading cannot represent a contract of sale, as long as the parties’ agreement for transfer of property does not result. The bill of lading is a contract of carriage which certifies that goods are being transported by sea. It is a title of representation of the goods and in this case, being issued to…
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