BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados
2.2 International Conventions: Collision and Salvage Brazil has signed the following international con - ventions regarding the liability of ship-owners and carriers in relation to collisions and salvage: • the International Convention of Private Law (Bustamante Code), executed in 1928; • the Convention for the Unification of Certain Rules of Law relating to Assistance and Sal - vage at Sea (Brussels 1910); • the Convention for the Unification of Certain Rules relating to the Immunity of State-owned Vessels (Brussels 1928); • the Convention for the Unification of Certain Rules relating to the Limitation of the Liabil - ity of Owners of Seagoing Vessels (Brussels 1924); • the International Convention for the Safety of Life at Sea (SOLAS 1974); • the SOLAS Protocol of 1978; • the International Convention on Regulation for Preventing Collisions at Sea, 1983; • the International Regulations for Preventing Collisions at Sea, 1972; • the United Nations Convention on Law of the Sea, 1982; and • the International Convention on Salvage, 1989. However, Brazil is not a signatory of the Hague Rules, the Hague–Visby Rules or the Hamburg Rules. Brazil also has domestic regulations on salvage (Law No 7,203/1984), which relate to liability in the case of accidents. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Brazil is party to the 1924 International Conven - tion for the Unification of Certain Rules Relat -
ing to the Limitation of the Liability of Owners of Seagoing Vessels and the 1969 International Convention on Civil Liability for Oil Pollution Damage. However, it is not a signatory to more recent and relevant conventions that exclude or minimise the liability of owners, such as the Hague–Visby Rules, the Hamburg Rules and the 1976 Convention on Limitation of Liabilities for Maritime Claims. The general rule in Brazil, as set forth in the Brazilian Civil Code, is that anyone who causes damage to another party shall fully compensate the damages caused. As Brazilian law does not provide for punitive damages, compensation is generally limited to the direct damages suffered by the party, including the actual losses and loss of profit. Indirect losses are generally excluded, unless otherwise agreed. Moreover, Article 750 of the Brazilian Civil Code establishes that a carrier’s liability is limited to the value inserted in the bill of lading. As a general rule, liability could be limited under a contract. There have been some cases where the limitation of liability was tested, and judges accepted the validity of that limitation. Neverthe - less, if the contract is considered a contract of adhesion, the limitation clause might be consid - ered null and void by Brazilian courts. 2.4 Procedure and Requirements for Establishing a Limitation Fund Brazil is not a member of the International Oil Pollution Compensation Funds. 2.5 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention is applicable in Brazil, together with domestic labour laws.
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