Shipping 2025

CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, Jorquiera & Rozas Abogados

time Authority can order the pertinent proprietor, owner or operator to adopt all necessary meas - ures, at their own cost, to proceed with removal of the wreck within a specified term. In Febru - ary 2018, the Navigation Law was subject to an important amendment to strengthen marine environment preservation and navigation safety (Amended by Law No 21,066, which introduced new wreck removal provisions). 2.2 International Conventions: Collision and Salvage Collisions Articles 1116 to 1125 of the Code of Commerce set out the main regulations applicable to colli - sions. The Navigation Law and the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) also apply. Chilean collision regulations apply to damage that arises, for example, from a collision between two or more vessels or from waves caused by the movement of a vessel resulting in damage to other vessels, cargo or people on board, even if an actual collision does not occur (under Chil - ean law, a “vessel” is a maritime device that can move either on its own or by external means). These rules also apply to events occurring in flu - vial waters, lakes and any other navigable water - way. In addition, Chilean collision regulations apply to collision damage that arises between vessels under the same ownership or adminis - tration. Salvage Salvage is regulated in Articles 1128 to 1157 of the Code of Commerce (services rendered to a vessel or other property in damage). These rules are based on the Comité Maritime International’s draft International Convention (Montreal 1981)

and the International Convention on Salvage 1989. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Tonnage Limitation Chilean regulations that refer to tonnage limita - tion (ie, Articles 889 to 904 of the Code of Com - merce) are inspired by both the International Convention relating to the Limitation of the Lia - bility of Owners of Sea-Going Ships and Proto - col of Signature 1957, and the Convention on Limitation of Liability for Maritime Claims 1976 (the “LLMC Convention 1976”). With respect to the tonnage limitation figures, the Code of Com - merce follows the LLMC Convention 1976. In addition, the Code of Commerce establishes a specific set of procedural provisions in connec - tion with the constitution and distribution of the corresponding limitation fund. The types of claims subject to limitation are as follows: • death or personal injury and damage to prop - erty on board; • death or personal injury caused by any person for whom the owner is responsible, whether on board or on shore (in the latter case, their acts must be related to the opera - tion of the ship or to the loading, discharging or carriage of the relevant goods); • loss or damage to other goods, including the cargo, caused by the same person or people, grounds, places and circumstances as given in the point directly above; and • resulting liability concerning the damage caused by a vessel to harbour works, dry docks, basins and waterways. The people entitled to limit liability pursuant to this regime are as follows:

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