Legal Opinion – Marine Insurance – Subrogation

Insured party sustained a damage from a peril insured against and received insurance remuneration.It then sued the guilty party. The latter alleged that claimant was not entitled to sue, since they had received insurance remuneration.According to their view, the underwriters could only sue, applying the doctrine of subrogation.The court examined, under the light of applicable […]

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Legal Opinion – Marine Insurance -Terms Beyond Insurance Request

A yacht was insured pursuant relevant request. Institute Yacht Clauses applied, providing among other terms, that repairs should be effected by maker or his representative or authorized repairer. Insurance remuneration claim having arisen, the Insurers denied payment for breach of above clause. The owner sued alleging that such clause was not within the insurance request. […]

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Legal Opinion – Labour Accident

A seafarer became triplegic [paralysis of three limbs] when he slipped and fell from a ladder onboard the vessel on which he was employed. He sued his employer for failure to observe safety rules, as a result of the accident that had occurred. The owners alleged safety equipment was available, however they had not provided […]

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Newsletter by Manolis Eglezos & Associates Law Firm

Yachts Manning Yachts with a total length of up to twenty-four (24) meters are permitted to be chartered out without a captain or crew. Such yachts are governed by a skipper, who shall be hired by the owner and deemed to be a servant thereof, as provided specifically in the charter party. Registered seafarers being […]

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Legal Opinion – Employment in Coastal Ferries

Where distance between ports is less than 30 miles, a separate collective agreement applies for crew employment on vessels performing such itinerary. Further, the master has the right to terminate the contract of a seafarer at any time. In such a case the seafarer is entitled to dismissal remuneration. On the other hand, the seafarer […]

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Posidonia 2020 is re-scheduled for end of October

In view of the escalating challenges the world faces as a result of the Coronavirus-COVID-19 pandemic, the leading international shipping exhibition Posidonia 2020 has been re-scheduled from the first week of June to the end of October 2020. “The need to safeguard the health and wellbeing of our exhibitors and visitors, while at the same […]

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Legal Opinion – Marine Insurance / Rights of mortgagee

Application of English law in a Marine Insurance contract by virtue of contractual agreement is lawful and avails the parties to a well tested and reliable legal system. Marine Insurance Act 1906 provisions apply. In a case involving loss of a vessel insured under MIA 1906, a mortgagee invoked a provision of Greek Code of […]

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Legal Opinion – Marine Insurance Theft

Α pleasure yacht was insured but an express exception applied for theft without the use of violence and without signs of violation in the yacht or the place of her maintenance. The yacht was chartered to individuals who disappeared with it and the owner sought insurance remuneration. The insurers refused to pay invoking the above […]

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Legal Opinion – Collision

A vessel collided to another one when effecting mooring action. The other vessel, a coastal ferry, was already moored. The collision occurred under good weather conditions. The already moored vessel’s crew was under no duty to look out or to use signals for the avoidance of the collision. Nor was she under the duty to […]

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LEGAL OPINION – Salvage

Three laws rule salvage in Greece, Brussels Convention 1910, Greek Private Maritime Law Code and London Convention 1989. The latter prevails over the other two on issues it deals with. Salvage remuneration can be sought where we have a rendering of assistance to a vessel, risk of loss or damage, successful outcome. Peril can be […]

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Newsletter by Manolis Eglezos & Associates Law Firm – January 2020

Manolis Eglezos & Associates have recently released their latest Firm Newsletter. In this addition, you can read about the following subjects: Forms of hotel room leasing – guarantee booking and allotment Delivery of goods without production of a bill of lading Fresh s.a. law on related party transactions Ιnter Vivos procedure of private company shares transfer or encumbrance Interest rate and αct ordering the enforcement […]

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LEGAL OPINION – Agreement for the management of a vessel belonging to a third party

Modern practice has seen the emergence of various schemes whereby the owner of a vessel entrusts her management to a manager, who undertakes the technical management of her. Such management involves maintenance, supplying and crewing of the vessel. Another alternative is the agreement for technical and commercial management, which also includes chartering of the vessel, […]

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