The ship as a specific chattel  Cover Image
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Корабът като особена движима вещ
The ship as a specific chattel

Author(s): Stoyan Stavru
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: CIVIL LAW / This article considers special features of the ship as a complex chattel, as particular self-dependent legal order and as a part of the detached marine property of its owner. Attention is paid to the legal regime of the ownership over the marine property and its relative independence regarding the responsibility for obligations, concerned the marine trade activities as any damage caused to third parties by the shipmaster or by other members of the ship's complement in execution of their duties; any damage caused to the cargo received for carriage, or to any other property present on board the vessel and etc. The limited liability of the ownership is examined as well as some particular issues of exoneration from such liability. Short analysis of the effect of abandonment and of the relationships regarding recovery, transfer, storage, disposal or destruction of sunken property is made. Despite the ship is proclaimed from the Bulgarian legislation as a chattel the property rights over it are subjected to the specific rules concerning their persecution and disposition. Because of the high value of the ship and its important trade significance there are particular provisions in Bulgarian Merchant Shipping Code from 1970 that assured larger safety and formality at the establishing and transference of the property rights over the ship.

  • Issue Year: XLVII/2006
  • Issue No: 4
  • Page Range: 55-69
  • Page Count: 15
  • Language: Bulgarian