Wednesday, December 5, 2012

Legal Terms used in Transportation Law

Provided hereinbelow are some legal terms commonly used in Transportation Law.  May you find it usedful in understanding the intricacies of Transportation Law.


 SHIP

Extends to anything floating in and on the water, built in the form of vessel and used for navigation regardless of form, right or motive power.


Any barge, lighter, bulk carrier, passenger ship, freighter, tanker, container ship, fishing boats or other artificial contrivance utilizing any source of motive power designed, used or capable of being used as a means of water transportation operating either as common contract carrier, including fishing vessels covered under Presidential Decree No. 43 except (1) those owned and/or operated by the Armed Forces of the Philippines and by foreign governments for military purposes, and (2) bancas, sailboats and other waterborne contrivance of less than three gross capacity and not motorized.


MERCHANT VESSELS


Engaged in the transportation of passengers and freight from one port to another or from one place to another


LOAN ON BOTTOMRY


Loan made by ship owner or ship agent guaranteed by vessel itself and repayable upon arrival of vessel at destination


LOAN ON RESPONDENTIA


Loan taken on security of the cargo laden on the vessel and repayable upon safe arrival of cargo at safe destination


SHIP OWNER


Person who has possession control in management of the vessel and the consequent right to direct her navigation and receive freight earned and paid, while his possession continues.


SHIP AGENT


Person entrusted with provisioning and representing the vessel in the port in which it may be found; also includes ship owner


CAPTAIN


One who governs vessels that navigate the high seas or ships of large dimensions and importance, although engaged in the coastwise trade


MASTER OF THE VESSEL


Commands smaller ships engaged exclusively in the coastwise trade


SUPERCARGOES

Person who discharge administrative duties assigned to him by ship agent or shippers, keeping an account and record of transaction as required in the accounting book of the captain




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