Shipping 2025

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

5. Passenger Claims 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims In addition to the individual terms of the relevant contract, the carriage of passengers is governed in general 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 pas - senger has the right to be compensated for any losses or damages caused by an action attrib - uted to the carrier, regardless of its wilful mis - conduct, 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 whether the claim arises from a breach of con - tract, 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 recognised as maritime claims pursuant to Article 1(b) of the Brussels Convention. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Choice of Law Clauses Notwithstanding the provisions set out by the Brussels Convention or the Hague Rules, the parties may choose the law that governs the obligations arising from a contract (including

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 4.2 Maritime Liens . 4.11 Insolvency Laws Applied by Maritime Courts Back in 2021, Angola enacted Law No 13/21 (“Law 13/21”) on the Legal Framework for Cor - porate Restructuring and Insolvency. The pur - pose of Law 13/21 is to regulate: • the legal regime of extrajudicial and judi - cial recovery of natural and legal persons in economic distress or “imminent insolvency”, provided that the recovery is viable; and • the legal regime of insolvency proceedings of natural and legal persons. Pursuant to Law 13/21, once recovery and insol - vency 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. 4.12 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 dam - ages 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.

CHAMBERS.COM