ANGOLA Law and Practice Contributed by: José Miguel Oliveira, António Caxito Marques, Caio de Mello Ferreira and João Saiago Canjeque, VdA
The provisions of the Hague Rules are supplemented by Article 538 et seq of the Commercial Code. 4.2 Title to Sue on a Bill of Lading As a general rule, the right to sue on a bill of lading assists the shipper, the carrier and the consignee. 4.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages In the absence of detailed provisions set out by the parties in the contract, Article 2 of the Hague Rules establishes that the carrier is liable, under every con - tract of carriage of goods by sea, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods. Nevertheless, Articles 7 and 8 of the Hague Rules, as well as Articles 1 (1), 2 and 3 of the 1957 Convention, establish that the ship-owner may limit its liability in respect of claims arising under specific circumstances (eg, personal or property claims), unless the occur - rence resulted from the actual fault or privity of the owner. Limitation of liability requires that a limitation fund has been constituted, as set out by Articles 2 and 3 of the 1957 Convention. 4.4 Misdeclaration of Cargo Pursuant to Article 3 (5) of the Hague Rules, the ship - per shall be deemed to have guaranteed the accuracy of the marks, number, quantity and weight to the car - rier, and shall indemnify the carrier against all loss, damages and expenses arising or resulting from such inaccuracies. To the best of the authors’ knowledge, no relevant judgments are available in this respect. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo According to the relevant Civil Code provisions, the general time bar for filing contractual claims is 20 years, while the time bar for liability in tort claims is three years. Statutes of limitations cannot be extend - ed, but they can be suspended (Articles 318 to 322) or interrupted (Articles 323 to 327) under specific circum - stances (eg, execution of an arbitration agreement, and recognition of the debt).
Still, in this particular case it must be noted that Arti - cle 3 (6) of the Hague Rules establishes that the car - rier and the ship-owner shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been deliv - ered, this being the time bar to be considered in this particular case. 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests The 1952 International Convention Relating to the Arrest of Sea-Going Ships (the “Brussels Conven - tion”) is applicable in Angola. Outside its scope, the claimant must make use of the provisions of the Civil Procedure Code. 5.2 Maritime Liens Maritime liens are recognised in Article 578 of the Commercial Code, which specifies the following cat - egories of claims: (1) court costs incurred in the common interest of the creditors; (2) remuneration for salvage; (3) pilotage and towage expenses; (4) tonnage, lights, anchorage, public health and other harbour dues; (5) expenses incurred in connection with a vessel’s maintenance and storage of her appurtenances; (6) Master and crew wages; (7) costs incurred in connection with the operation and repair of the vessel, her appurtenances and equip - ment; (8) reimbursement of the price of the cargo that the
Master was forced to sell; (9) insurance premiums;
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