Shipping 2026

MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Kenny Laisse and Caio de Mello Ferreira, VdA

4. Cargo Claims 4.1 Bills of Lading

Decree-Law 3/2022 further provides, in Articles 473 to 487, for different liabilities of the carrier in relation to the cargo, exceptions to such liability, the period of liability and specific obligations of the carrier during the carriage, which, where applicable, may comple - ment the Hague Rules. 4.4 Misdeclaration of Cargo Pursuant to Article 3 (5) of the Hague Rules (and like - wise Article 489 of Decree-Law 3/2022), the shipper should be deemed to have guaranteed the accuracy of the marks, number, quantity and weight to the car - rier, and should indemnify the carrier against all loss, damages and expenses arising or resulting from any inaccuracies thereof. 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 of the Civil Code) or interrupted (Articles 323 to 327) under specific circumstances (eg, execution of an arbitration agreement, recognition of the debt). Still, it must be noted that by reference to Article 3 (6) of the Hague Rules and Article 445 of Decree-Law 3/2022, the carrier and the ship-owner shall be dis - charged from all liability in respect of loss or damage of cargo unless a lawsuit is brought within one year after delivery of the goods or the date when the goods should have been delivered. 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests The 1952 International Convention Relating to the Arrest of Sea-Going Ships (the “Brussels Convention”) is applicable to ship arrests. Outside its scope, the claimant must make use of the provisions of Mozam - bique’s Civil Procedure Code and of Law 10/2022.

The provisions of the 1924 International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”) are applicable in Mozambique. Mozambique is not a signatory of the Hague–Visby Rules, the Hamburg Rules or the Rot - terdam Rules. The provisions of the Hague Rules are supplemented by Article 538 et seq of the 1888 Commercial Code and, to a certain extent, by Articles 473 to 491 of the recently enacted Decree-Law No 3/2022 of 25 May 2022 (“Decree-Law 3/2022”), which approved the new Legal Regime of Commercial Contracts (and applies to the carriage of goods by sea). The latter incorpo - rates into domestic law some of the provisions and principles enshrined in the Rotterdam Rules. 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 to 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. Carriers may also take advantage of Article 125 of Decree-Law 3/2022 to limit or exclude indemnity pay - ments to third parties.

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