ANGOLA Law and Practice Contributed by: José Miguel Oliveira, António Caxito Marques, Caio de Mello Ferreira and João Saiago Canjeque, VdA
If the sale is ordered, the judge will decide on how it will take place, and then appoint an auctioneer. The vessel is sold “as is and where is” and free from any charges or encumbrances. This notwithstanding, the debtor may still recover the vessel until completion of the judicial sale, provided it deposits the amount being claimed plus court fees and expenses. Ship Maintenance Once the vessel is arrested and until it is sold in the enforcement proceedings, an agent appointed by the court will be liable for supervising its maintenance, whenever the Master and their crew are absent or urgent decisions are to be taken. Claim Priority The order of priority of claims is established under Article 578 of the Commercial Code, as mentioned in 5.2 Maritime Liens . 5.11 Insolvency Laws Applied by Maritime Courts On 10 May 2021, Angola enacted Law No 13/21 (“Law 13/21”) on the Legal Framework for Corporate Restructuring and Insolvency. The purpose of Law 13/21 is to regulate: • the legal regime of extrajudicial and judicial recov - ery of natural and legal persons in economic dis - tress or “imminent insolvency”, provided that the recovery is viable; and • the legal regime of insolvency proceedings of natu - ral and legal persons. Pursuant to Law 13/21, once recovery and insolven - cy proceedings are put in motion, all suits pending against the debtor are suspended, which means that the Maritime Court shall be barred from ordering the arrest or judicial sale of a vessel owned by companies undergoing such proceedings. 5.12 Damages in the Event of Wrongful Arrest of a Vessel In the event of wrongful arrest of a vessel or where the arrest is lifted for reasons imputable to the applicant, the applicant is liable for the damages caused to the arrestee, provided that the applicant has not acted
with normal prudence or due care, as set out by Article 621 of the Civil Code.
6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims In addition to the individual terms of the relevant con - tract, the carriage of passengers is governed in gen - eral by Angola’s Civil and Commercial Codes and the Consumer Law. Angola has not ratified the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea. In accordance with the domestic laws, a passenger has the right to be compensated for any losses or damages caused by an action attributed to the car - rier, regardless of its wilful misconduct, and for any expenses incurred by the passenger deriving from the delay, interruption or change of route undertaken by the carrier. The time bar applicable will vary depending on wheth - er the claim arises from a breach of contract, where the general time bar of 20 years applies, or from tort, where a three-year time bar will apply. Indemnities for personal injury of a passenger are rec - ognised as maritime claims pursuant to Article 1 (b) of the Brussels Convention. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Choice of Law Clauses Notwithstanding the provisions set out by the Brus - sels Convention or the Hague Rules, the parties may choose the law that governs the obligations arising from a contract (including bills of lading), as estab - lished by Article 41 (1) of the Civil Code. However, that choice must correspond to a serious interest of the parties or be connected to a relevant element of the contract (eg, the place where the parties are domi -
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