MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Kenny Laisse and Caio de Mello Ferreira, VdA
• the legal regime of insolvency proceedings of natural and legal persons. Pursuant to Decree-Law No 1/2013, acceptance of a request for the debtor’s judicial recovery protects the debtor’s assets against creditors – ie, once this request is accepted, all suits pend - ing against the debtor are suspended, which means that the maritime court shall be barred from ordering the arrest or judicial sale of a ves - sel owned by companies undergoing such pro - ceedings. The same applies to proceedings in which the debtor is adjudicated as insolvent by the relevant court of law. 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. 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 Mozambique’s Civil Code, the Consumer Protection Law (Law No 22/2009 of 28 September 2009) and Article 434 et seq of Decree-Law 3/2022. Mozambique has not rati - fied the Athens Convention relating to the Car - riage of Passengers and their Luggage by Sea. In accordance with domestic laws, a passenger has the right to be compensated for any losses or damages caused by an action attributed to
the carrier, regardless of its wilful misconduct, and for any expenses incurred by the passenger deriving from the delay, interruption or change of route undertaken by the carrier. Claims for indemnities for personal injury of a passenger are not recognised as a maritime lien or a maritime claim. In accordance with the 1888 Commercial Code and Decree-Law 3/2022, the time bar applicable will vary between one and three years. In addi - tion, under Decree-Law 3/2022, a carrier will also benefit from a time bar of 120 days for loss or damage suffered by the carrier due to inaccurate information on, or false description of, the goods being carried. 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 bills of lading), as established by Article 41(1) of the Civil Code. However, that choice must cor - respond to a serious interest of the parties or be connected to a relevant element of the contract (eg, the place where the parties are domiciled or where the contract shall be performed), as set out by Article 41(2) of the Civil Code. Jurisdiction Clauses As a rule, jurisdiction clauses stated in contracts (including bills of lading) are valid and enforce - able as long as they arise from a written agree -
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