BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados
3.2 International Conventions: Collision and Salvage Brazil has signed the following international conven - tions regarding the liability of ship-owners and carriers in relation to collisions and salvage: • the International Convention of Private Law (Busta - mante Code), executed in 1928; • the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea (Brussels 1910); • the Convention for the Unification of Certain Rules relating to the Immunity of State-owned Vessels (Brussels 1928); • the Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Owners of Seagoing Vessels (Brussels 1924); • the International Convention for the Safety of Life at Sea (SOLAS 1974); • the SOLAS Protocol of 1978; • the International Convention on Regulation for Preventing Collisions at Sea, 1983; • the International Regulations for Preventing Colli - sions at Sea, 1972; • the United Nations Convention on Law of the Sea, 1982; and • the International Convention on Salvage, 1989. However, Brazil is not a signatory of the Hague Rules, the Hague–Visby Rules or the Hamburg Rules. Brazil also has domestic regulations on salvage (Law No 7,203/1984), which relate to liability in the case of accidents. 3.3 Convention on Limitation of Liability for Maritime Claims Brazil is party to the 1924 International Convention for the Unification of Certain Rules Relating to the Limita - tion of the Liability of Owners of Seagoing Vessels and the 1969 International Convention on Civil Liability for Oil Pollution Damage. However, it is not a signatory to more recent and relevant conventions that exclude or minimise the liability of owners, such as the Hague– Visby Rules, the Hamburg Rules and the 1976 Con - vention on Limitation of Liabilities for Maritime Claims.
The general rule in Brazil, as set forth in the Brazil - ian Civil Code, is that anyone who causes damage to another party shall fully compensate the damages caused. As Brazilian law does not provide for puni - tive damages, compensation is generally limited to the direct damages suffered by the party, including the actual losses and loss of profit. Indirect losses are generally excluded, unless otherwise agreed. Moreover, Article 750 of the Brazilian Civil Code estab - lishes that a carrier’s liability is limited to the value inserted in the bill of lading. As a general rule, liability could be limited under a contract. There have been some cases where the limi - tation of liability was tested, and judges accepted the validity of that limitation. Nevertheless, if the contract is considered a contract of adhesion, the limitation clause might be considered null and void by Brazilian courts. In addition, the “knock-for-knock” regime is com - monly adopted in charterparty and offshore contracts, under which each party assumes responsibility for its own losses related to personnel and property, regard - less of fault or negligence. Such clauses are gener - ally enforceable between commercial parties of equal bargaining power, and disputes arising under them are frequently resolved through arbitration. 3.4 Vienna Convention on the Law of Treaties The Vienna Convention is applicable in Brazil. 3.5 Procedure and Requirements for Establishing a Limitation Fund Brazil is not a member of the International Oil Pollution Compensation Funds. 3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention is applicable in Bra - zil, together with domestic labour laws.
4. Cargo Claims 4.1 Bills of Lading
Brazil is not a signatory to the international conven - tions concerning bills of lading. Law No 9,611/98
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