ARGENTINA Trends and Developments Contributed by: Jorge Radovich, Liza Pozzi and Matias Bongiorno, Radovich & Asociados
Radovich & Asociados Av. Callao 1564, Floor 4 “A”, Autonomous City of Buenos Aires,
ZIP 1024, Argentina
Email: info@maritimelaw.com.ar Web: www.maritimelaw.com.ar
Introduction In this article, we aim to provide a bird’s-eye view of the Argentine Navigation Law (ANL), which, while clearly falling within the framework of continental law, has some very distinctive characteristics. For exam - ple, maritime law rules also apply to navigation in brown waters, unlike in other nations. International conventions ratified by the Republic take precedence over local maritime law, and jurisprudence plays a very important role. Due to space limitations, we cannot elaborate on every point of interest, but the intention is to mention the most important aspects with practical impact for foreign companies and colleagues, and we remain available to provide further information upon request from them. Characteristics of the Ship-Owner’s Liability The source of liability in ANL damages is always sub - jective, based on the intent or negligence of the owner or disponent owner of the vessel, or of persons for whom they are legally responsible. Joint and several liability can only be imposed by law or an internation - al convention ratified by Argentina, such as the Civil Liability Convention/Fund of 1992 (but not its further versions), which regulates liability for oil spills from tankers. Liability is normally limited, in principle, except in cases of intent or gross negligence. Maritime Liens on Vessels The following claims have priority (Article 485 of the ANL): (a) legal expenses incurred in the common inter - est of the creditors for the preservation of the vessel, or for its sale and the distribution of the
proceeds; (b) claims of the captain and other crew members arising from employment contracts, labour laws and collective bargaining agreements; (c) claims related to the construction of the vessel, whether secured by a mortgage or pledge; (d) duties, taxes, contributions, and fees for services rendered, arising from navigation or the commer - cial operation of the vessel; (e) claims for death or bodily injury occurring on land, on board or at sea, directly related to the operation of the vessel; (f) claims for torts against the owner, operator or vessel, not based on a contractual relationship, for damage to property on land, on board or at sea, directly related to the operation of the ves - sel; and (g) claims for assistance and salvage, removal of shipwrecks, and general average contributions. The following are second-priority claims: (h) claims for damage to cargo and baggage; (i) claims arising from contracts for the lease or chartering of a vessel or from a contract of car - riage; (j) claims for the supply of products or materials to a vessel for its operation or maintenance; (k) claims for the construction, repair or outfitting of the vessel or for dry-docking expenses; (l) claims for disbursements made by the Mas - ter, and those made by shippers, charterers or agents on behalf of the vessel or its owner; and (m) the claim for the price of the vessel’s most recent acquisition and the interest due from the last two years.
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