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We hereunder briefly explain the time bar system under Japanese law, the basic concepts and the specific time limits for the respective main or ordinary claims in practice and in the shipping field. As you will note, since the...
The lengthy judicial proceedings in the French courts arising out of the sinking and massive oil spill from the tanker ERIKA off the coast of Brittany in December 1999, gave rise to numerous questions regarding the interaction between the international oil pollution liability conventions as incorporated into French law and other French legislation which claimants argued should apply. As a result legislation has been passed by France since the ERIKA judgements in an attempt to codify the Erika jurisprudence.
Under Italian law, limitation periods depend on the type of claim. For the purpose of the time bars examined in this article, the main statutes are the Civil Code and the Code of Navigation. The Civil Code and Code of Navigation time bars are distinguished between prescrizione and decadenza: both cannot be extended or shortened by agreement between the parties, but prescrizione can be protected by a notice of claim which will make a fresh time bar period start to run (which can be once again protected likewise), whilst decadenza can be avoided only by a court action or any other act required by the law or by the contract.
The UK P&I Club was glad to be given to opportunity to take part in the latest Wellness at Sea Conference that took place in Singapore on 17th Jan 2017. The conference organised by the Sailors society was held to raise awareness of the “Wellness at sea”
Statutory time bars are governed by the Statute of Limitations Act 1957 as amended by the Statute of Limitations (Amendment) Act 1991 and 2000. The statutory limitation periods cannot be extended by agreement. The issue of whether a claim is statute-barred is however a defence that must be raised by a Defendant once proceedings are issued. A court will not consider this issue on its own volition. A defendant may be estopped from relying upon the Statute of Limitations as a defence if their conduct renders it unjust to permit them to do so.
In India, the law for the limitation of suits and other proceedings is governed by the Limitation Act, 1963. Indian law statutorily recognises that limitation for institution of a legal action is a limitation on the...
Timebars and prescription of a right to claim in maritime cases are regulated in the provisions of the Greek Civil Code (GCC) and the Code of Private Maritime Law (CPML) except where international conventions and...
The German Civil Code provides a general 3 years time bar period which applies to contractual as well as to statutory claims. If a damage or a personal injury is latent long-stop dates of up to 30 years apply.
UK P&I’s David Nichol joins Greece team as Regional Loss Prevention Executive
Legal Briefing on Time Bars under French Law LawTime BarTransport Law