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Article 13 Protocol van 1996 tot wijziging van het Verdrag inzake beperking van aansprakelijkheid voor maritieme vorderingen, 1976

THE LIMITATION FUND

1 Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted.

2 After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:

(a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or

(b) at the port of disembarkation in respect of claims for loss of life or personal injury, or

(c) at the port of discharge in respect of damage to cargo; or

(d) in the State where the arrest is made.

3 The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.

Regeling
Protocol van 1996 tot wijziging van het Verdrag inzake beperking van aansprakelijkheid voor maritieme vorderingen, 1976
Soort
Verdrag
Geldend vanaf
08-06-2015
BWB-id
BWBV0005123
Versie
2015-06-08_0

In de hele regeling · Officiële tekst op wetten.overheid.nl