Κατεύθυνση Ναυτικό ΔίκαιοLibrary of the School of Law
Λ. Αθανασίου, Καθηγήτρια Νομικής Σχολής Αθηνών
Δ. Χριστοδούλου, Επίκουρος Καθηγητής Νομικής Σχολής Αθηνών
Ν. Βερβεσός, Επίκουρος Καθηγητής Νομικής Σχολής Αθηνών
Το καθεστώς και η ευθύνη του μεσίτη σε ναυτιλιακές συναλλαγές και ναυτασφαλιστικές συμβάσεις
Τhe legal status and the liability regime of the shipbroker and the marine insurance broker
International merchant shipping is formed by shipping professionals, who take part in shipping transactions that are essential for the smooth operation of the shipping industry, aiming at the transport of cargos across the sea. The shipbrokers stand out among the other shipping professionals, as they play a key role in the international shipping. The main categories of shipbroking are the chartering brokers, who are engaged to act either for a shipowner looking for employment for his ship, or a charterer with a cargo to be shipped, seeking to make a deal with the best terms in the charterparty, and the sale & purchase brokers, who handle the buying and selling of existing vessels in the secondhand market or contract new ships from shipbuilding yards.
The contribution of the shipbrokers in the business industry is undoubtedly very important, as shipping transactions are complex, risky for the parties and huge financial interests are at stake. The presence of brokers in shipping transactions is now considered necessary, as they are specialist intermediaries/negotiators and the best consultants for the shipping entrepreneurs, in order to guide them in their business activities, as they are constantly informed about maritime economics, and they have specialized knowledge in many relevant and necessary sectors. However, in practice, business relationships are easily broken up and damages may be claimed in result from the non-performance or improper performance of the contractual obligations of the parties.
The main purpose of this thesis is to define the scope of work and to enlighten the liability regime of the shipbroker, as well as to create a legislative framework outlining the above. Furthermore, the case law developed internationally and in Greece for the issues in question, will be analyzed. In addition, the broker of marine insurance contracts is also analysed, as it is an important and necessary profession for the shipping industry.
Main subject category:
Law and Legislation
Other subject categories:
maritime law, broker, shipbroker, manine insurance broker, liability regime, legislative framework
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