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ARRIVAL UNDER

STRESS
the arrival of a vessel at the nearest
and most convenient port instead of
the port of destination, if during the
voyage the vessel cannot
continue the trip to the port of
destination on account of:
lack of provisions
well-founded fear of seizure,
privateers, or pirates
any accident of the sea disabling it
to navigate
assemble the the officers
CAPTAIN officers shall
Shall have determine
the call the persons and agree if
deciding interested in there is well-
vote the cargo who founded
may be present reason after
and who may examining
attend the the
meeting circumstance
without the s
tight to vote

Persons interested in agreement


the cargo may make shall be
the objections and drafted and
protests they may the proper
deem proper, which minutes shall
shall likewise be be signed and
entered in the entered into
UNLAWFUL ARRIVAL UNDER
STRESS
Lack of provisions due to
negligence to carry according to
usage and customs

Risk of enemy not well known or


manifest

Defect of vessel due to improper


repair

Malice, negligence, lack of


WHO SHALL BEAR THE
EXPENSES?
If arrival under stress is proper
SHIPOWNER or SHIP AGENT will only be
liable for the expenses of the arrival

If arrival under stress is improper


SHIPOWNER and SHIP AGENT will be liable
for the same expenses and, in addition,
they shall be solidarily liable for the
damages caused to the cargoes by such
arrival under stress
UNLOADING OF CARGOES TO
MAKE REPAIRS
Necessary unloading of cargoes captain must request
authorization from competent judge or court for removal,
and carry it out with the knowledge of the person having
interest over the same
* if in a foreign port Philippine consul

EXPENSES vessel ship owner or agent


cargo owners of the merchandise for whose
benefit the act was performed
both expenses to be divided proportionately
between the value of the vessel and cargo
CUSTODY OF CARGO
-intrusted to the captain (except in cases of force majeure)

If entire cargo or part thereof should appear to


be damaged, or there should be imminent
danger of its being damaged

Captain may request the judge or court of


competent jurisdiction, or of the consul in a
proper case, the sale of all or part of the
former
LIABILITY OF THE CAPTAIN

Damages caused by his delay

If after the cause of arrival has ceased, he


should not continue the voyage

If cause of arrival should have been the fear


of enemies, privateers, or pirates
deliberation and resolution in a meeting of
the officers of the vessel and persons
interested in the cargo shall precede the
departure