Shipping 2025

ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

3.2 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. 3.3 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 contract 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 occurrence resulted from the actual fault or privity of the owner. Limi - tation of liability requires that a limitation fund has been constituted, as set out by Articles 2 Pursuant to Article 3(5) of the Hague Rules, the shipper shall be deemed to have guaranteed the accuracy of the marks, number, quantity and weight to the carrier, 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 rel - evant judgments are available in this respect. 3.5 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 and 3 of the 1957 Convention. 3.4 Misdeclaration of Cargo

• how the fund will be established; • the amount of the reserve; and • the known creditors and the amount of their claims. The application must be filed along with the ves - sel’s documents (eg, a tonnage certificate) sup - porting the calculation of the amount of the fund. The calculation of the limitation fund shall be in accordance with Article 3 of the 1957 Conven - tion. To the best of the authors’ knowledge, limitation funds have not been established in Angola. The authors believe that the courts would most likely insist on a cash deposit or local bank letter of guarantee. 2.5 Seafarers’ Safety and Owners’ Liability Angola is not a party to the Maritime Labour Convention. Seafarers’ rights and safety are generally governed by the Commercial Code, the General Labour Law (Law No 7/2015) and the Merchant Navy Law.

3. Cargo Claims 3.1 Bills of Lading

The provisions of the 1924 International Conven - tion for the Unification of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”) are applicable in Angola. Angola is not a signatory of the Hague–Visby Rules, the Hamburg Rules or the Rotterdam Rules. The provisions of the Hague Rules are supplemented by Article 538 et seq of the Commercial Code.

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