SPAIN Law and Practice Contributed by: José Antonio Domínguez, Mikel Garteiz-Goxeaskoa, Enrique Ortiz and Irantzu Sedano Beitia, Aiyon Abogados SLP
tion constitute the primary hermeneutic framework applied by Spanish courts. These rules require treaties to be interpreted in good faith in accordance with the ordinary meaning of their terms, in their context and in light of their object and purpose, allowing them to use supplementary means of interpretation only where the result is ambiguous, dark or manifestly absurd. This methodological approach is particularly signifi - cant in the field of international maritime law, where an autonomous and uniform interpretation of treaty concepts is essential to preserve legal certainty and the predictability of commercial relations. Spanish case law, both at Supreme Court level and in lower courts, has consistently relied on the rules of the Vienna Convention when interpreting international treaties in force in Spain (albeit often implicitly). In this respect, the approach adopted by the UK Supreme Court in the MSC Flaminia case, in expressly relying on the interpretative rules of the Vienna Con - vention to construe the LLMC 76/96, is fully compat - ible with the interpretative methodology applicable in Spain. 3.5 Procedure and Requirements for Establishing a Limitation Fund Articles 403 to 405 of the SSA regulate the own - ers’ right to establish a limitation fund, which must be constituted by placing the amount of the limita - tion (including the interests accrued as of the date of the incident) before the competent court or provid - ing security to the court’s satisfaction. Once the fund has been constituted, claimants cannot pursue their claims against any other asset. The constitution of the fund will also give rise to the release of any ship arrest (for the same claim). The release will be ordered by the court in which the fund has been constituted. 3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention has been in force in Spain since 20 August 2013 with the publication in the Spanish official gazette of the instrument of ratification. Spain has also enacted the 357/2015 Royal Decree, by which Spain incorporates Directive 2013/54/EU of the European Parliament and of the Council, of 20 November 2013, concerning certain
flag state responsibilities for compliance with and enforcement of the Maritime Labour Convention. The Spanish Statute of Workers, which applies to any general worker, is also applicable to seafarers working onboard Spanish-flagged vessels.
4. Cargo Claims 4.1 Bills of Lading
Spain is a member state of the Hague–Visby Rules, which apply to cargo claims under bills of lading. Where the Hague–Visby Rules are not directly appli - cable, the SSA remits the regulation of liability regimes for all cargo claims to the Hague–Visby Rules, irre - spective of whether the carriage is contracted under a bill of lading. Regulation of the carrier’s liability for loss, damage or delay can be found in Articles 277 to 285 of the SSA. It must be noted, however, that the First Final Disposi - tion of the SSA provides that the SSA will adapt to the Rotterdam Rules if these come into force in the future, in which it is expected that all carriage of goods by sea Title to sue under a bill of lading corresponds to the lawful holder of the bill of lading. According to Arti - cle 251 of the SSA, valid transfer of the bill of lad - ing entails the transfer of rights and actions to the transferee, except for the jurisdiction and arbitration clauses. See 7.1 Enforcement of Law and Jurisdic- tion Clauses Stated in Bills of Lading . Spanish law does allow the assignment of rights, including the transfer of title to the goods and/or the right to claim for cargo damages. In this regard, one of the most common cases of assignment occurs when the cargo insurer compensates the cargo interest and subrogates into their position. Subrogation entails the assignment of the title to sue in favour of the insurer. contracts will be subject to their regime. 4.2 Title to Sue on a Bill of Lading
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