ACT

of 18 September 2001

Maritime Code

• Metric
• Codified text

Title I

General provisions

Article 1. [ Regulatory scope] § 1. The Maritime Code regulates the legal relations associated with maritime shipping.

§ 2. In civil-law relations related to maritime shipping, the provisions of civil law shall apply in the absence of relevant provisions of the Maritime Code.

§ 3. Labour relations on seagoing vessels, matters of maritime safety, the prevention of pollution of the sea by ships and other matters concerning unregulated provisions of the Maritime Code shall be governed by separate regulations.

Article 2. [ Maritime ship] § 1. The maritime vessel is any floating or used craft for sea shipping , hereinafter referred to as "the ship".

§ 2. The ship's ship is a ship whose keel is laid or made equivalent to the construction work at the point of launching, until the construction is completed.

Article 3. [ Sea merchant ship] § 1. The Maritime Code shall apply to maritime commercial vessels.

§ 2. The maritime merchant vessel is a vessel designed or used to carry out an economic activity, and in particular to: the carriage of cargo or passengers, sea fishing or the acquisition of other sea resources, towing, rescue the sea, the extraction of submerged property in the sea, the acquisition of mineral resources of the seabed, and the resources of the inside of the Earth.

Article 4. [ Ships for scientific and research purposes] Marine vessels used solely for scientific, sport or recreational purposes shall be used by the Maritime Code, with the exception of the provisions on the carriage of cargo or passengers and the provisions on common accidents.

Article 5. [ Ships with a special state service] § 1. Maritime vessels with a special state service shall apply the Maritime Code, with the exception of the provisions on the carriage of cargo or passengers, of a common failure and of the privileges of the vessel.

§ 2. The vessels of special state service include in particular ships: hydrographic, caretaker, fire, telecommunications, customs, sanitary, school, pilot, vessels used solely to save lives at sea or to break ice cream.

Article 6. [ Naval vessels, Border Guard and Police] § 1. Subject to the exceptions provided for in the Act, the Maritime Code shall not apply to the vessels of the Naval, Border Guard and Police vessels.

§ 2 The provisions of the Maritime Code on the carriage of cargo or passengers shall not apply to military transport by sea of commercial vessels, unless the parties to the maritime transport contract agree otherwise.

Article 7. [ Armator] The shipowner is the one who, on his own behalf, is cultivating shipping by his own or other ship's ship.

Article 8. [ Deadlines for Claims] § 1. The time limits for the limitation of claims on the relations governed by the Maritime Code may be extended by the agreement of the parties concluded in writing after the occurrence of the event from which the claim is based.

§ 2. The provision of § 1 shall not apply to claims established by a final judgment or judgment of an amicable court, as well as a settlement concluded before those courts.

Title II

Sea vessel

SECTION I

Polish vessel affiliation

Article 9. [ Shipping under the Polish flag] § 1. Sailing under the Polish flag can only cultivate a vessel of Polish affiliation.

§ 2. (repealed).

§ 3. The field authority of the maritime administration where the port of departure is located may, where justified, permit the carrying out of a marked journey between ports of the sea by a lifting vessel, where appropriate the flag of a State other than the Member State of the European Union.

Article 10. [ Ship of Polish affiliation] § 1. The vessel of Polish affiliation is:

1) a vessel constituting the Polish property referred to in art. 73 (1) and (2);

2) a vessel considered to be a Polish property referred to in art. § 3;

2a) a vessel not constituting a Polish property which has acquired a Polish affiliation in accordance with Regulation No 613/91 (EEC) of 4 March 1991. on the transfer of ships from one register to another within the Community (Dz. Urz. EC L 68 of 15.03.1991, with late. zm.);

3) a vessel not constituting the Polish property, which has temporarily obtained the Polish affiliation referred to in art. 13 § 1.

§ 2. The provisions of this chapter concerning a ship constituting the Polish property shall apply to ships deemed to constitute Polish property.

Article 11. [ Obligation to raise Polish flag] § 1. A ship of Polish affiliation is obliged to lift the Polish flag.

§ 2. The Minister responsible for maritime affairs may, by way of regulation, exempt certain types of vessels of Polish affiliation from the obligation to lift the flag. The exemption shall not apply to vessels engaged in shipping outside the territory of the Republic of Poland.

Article 12. [ Determination of ship] § 1. A ship with a Polish affiliation means a name on the bow, from each side of the board and on the stern. Under the name on the stern, the name of the ship's home port should be exposed.

§ 2. The owner gives the ship a name and indicates the seaport as the port of the ship's home. The name shall be subject to approval by the Director of the Maritime Office competent for the port of the ship's home, by administrative decision, subject to § 2a.

§ 2a. The name of the seagoing vessel used exclusively for sports or recreational purposes with the hull length of up to 24 m shall be subject to approval, by administrative decision, by the Management Board of the Polish sporting association referred to in art. 23 § 3.

§ 3. The Minister responsible for maritime affairs shall determine, by means of a regulation, the procedure for the procedure for granting and approving the name of the vessel, taking into account the necessity of its individualisation.

§ 4. The Minister responsible for maritime affairs may define, by means of a regulation, other than those indicated in paragraph 1, the manner in which certain ships are designated, with a view to their nature, destination and type of navigation.

Article 13. [ Obtaining the Polish membership for the time marked] § 1. A vessel not constituting a Polish property may obtain a Polish nationality for a period of time marked if the applicant together fulfils the following requirements:

1) is a legal person having in the Republic of Poland a seat or a branch or is a natural person residing in the Republic of Poland or having a branch in the Republic of Poland;

2) present a contract for the lease or lease of a ship or any other contract under which it will be able to cultivate shipping by boat on its own behalf;

3) undertake that he will conduct shipowners ' activities in the Republic of Poland;

4. an officially certified copy or extract from the permanent register of vessels, including the description of the vessel, the designation of the owner and other data from that register, and in particular the rights of the pledging and the restrictions on the disposal of the vessel;

5) present the written consent of the competent authorities of the State of the permanent register of vessels, the owner of the vessel and all the mortgage creditors to grant the vessel the Polish affiliation and to provide the competent authorities of the state of the permanent register of the vessel, that in Whereas the duration of the Polish affiliation of the vessel will not be entitled to lift its flag;

6) indicate the home port of the vessel in the Republic of Poland.

§ 2. A ship which does not constitute a Polish property shall obtain temporary Polish membership by an entry in the ship register, on the basis of the provisions of the maritime chamber stating the period of belonging.

Article 14. [ Subordinate to the Polish law] The shipowner in the Republic of Poland operations through the branch shall be subject, in respect of matters relating to the cultivation of sailing by a vessel which obtained the time Polish membership, Polish law and jurisdiction of the Polish courts in such the extent to which they are subject to a person established in the Republic of Poland or a place of residence.

Article 15. [ Obligations of the shipowner] The shipowner, whose vessel has obtained temporary Polish affiliation, is obliged to cast a ship crew in accordance with Polish regulations and subject the vessel to Polish regulations, in particular in the scope of: measurement, maritime safety, ship documents and environmental protection.

Article 16. [ Renaming of vessel] The name of the vessel which has obtained temporary Polish affiliation may be amended only with the agreement of the competent authorities of the State of the permanent register of the vessel and of its owner and of the mortgage creditors.

Article 17. [ Time loss for membership] § 1. A vessel which does not form a Polish property shall lose its temporary Polish affiliation if:

1) cease to be fulfilled any of the requirements listed in art. 13 § 1;

(2) the period for which it has been obtained shall end, and this period shall not be extended;

3) will bring about this ship's operator;

4) the ship's owner does not comply with the provisions of this chapter;

5) a decision will be issued in art mode. 18.

§ 2. The loss by the time vessel of the Polish affiliation takes place on the day of the drawing of the vessel from the Polish ship register, on the basis of the provisions of the maritime chamber.

Article 18. [ Decision on the temporary affiliation] The Minister responsible for maritime affairs may issue a decision on the temporary loss of the Polish vessel's affiliation, if the interest of the state is required, and in particular the interest of the Polish maritime economy. For the same reasons, the Minister responsible for maritime affairs may issue a decision opposed to obtaining the time vessel of the Polish affiliation.

Article 19. [ Suspension of Polish affiliation] § 1. The Polish affiliation of a vessel constituting Polish property may be suspended at the request of the owner.

§ 2. The ship's owner indicates in the application the suspension period, the register to which the vessel will be entered, and presents the written consent of the mortgage creditors to the suspension of the Polish affiliation of the vessel.

§ 3. The decision to suspend shall be issued by the Maritime Chamber, setting the period of suspension.

§ 4. The entry stating the suspension shall take effect as from the date of the notification by the vessel owner of the vessel to obtain a foreign affiliation by the vessel owner.

§ 5. During the period of suspension of the Polish affiliation, the vessel may not lift the Polish flag.

Article 20. [ Renaming during the period of suspension] The name of the vessel constituting the Polish property, whose Polish affiliation has been suspended, cannot be changed during the period of suspension without the consent of its owner and mortgage creditors. The home port of such a vessel should be the port of the time of the vessel's nationality.

Article 21. [ Ustan suspending Polish affiliation] § 1. Suspension of the Polish affiliation of the Polish property shall cease after the expiry of the period of suspension or, at the request of the owner, before the expiry of that period, or as a result of the loss of the temporary affiliation of a foreign state, subject to the § 2.

§ 2. The Minister responsible for maritime affairs may, for the reasons set out in art. 18, issue a decision to cease the suspension of the Polish vessel's affiliation or opposing the suspension.

§ 3. The cessation of the suspension of the Polish affiliation of the Polish property shall take place on the date of deletion in the permanent register of the vessel's suspension alert, on the basis of the provisions of the maritime chamber.

Article 22. [ Permanent Register of Vessel] Whenever the provisions of this chapter are referred to as a permanent register of a ship, it shall be understood by the register kept in the country to which the affiliation has been suspended, in which the owner of the vessel is entered and the rights of the pledge and the restrictions in respect of the vessel. Disposition of the ship.

SECTION II

Register of ships

Article 23. [ Register of ships] § 1. A vessel constituting the Polish property shall be subject to an entry into the Polish ship register operated by the maritime chamber competent for the port of the ship's home, subject to § 2 and 3.

§ 2. The Minister responsible for Maritime Affairs will determine, by means of a regulation, the types of vessels constituting Polish property not subject to the obligation of entry in the register of ships. The exemption shall not apply to vessels engaged in shipping outside the territory of the Republic of Poland.

§ 3. A maritime vessel constituting a Polish property, used exclusively for sports or recreation purposes, about the length of the hull to 24 m, is subject to the obligation of entry to the Polish yacht register maintained by the Polish sports association referred to in the Act of 25 June 2010 o sport (Dz. U. No 127, item. 857, with late. zm.).

§ 4. A ship which is not subject to the obligation of entry in the ship register, as well as the ship under construction, may be entered in the ship register at the request of the owner.

§ 5. [ 1] Vessel referred to in Article 73, shall be entered in the ship's register at the request of the owner or all co-owners, and in the case of vessels changing the foreign belonging to the Polish, length of 24 m or above, additionally after the presentation of the decision of the Director of the Office sea on the fulfilment by the ship of the technical conditions required to obtain the entry in the register.

§ 6. A vessel built in the Republic of Poland may be entered in the ship register if its keel is laid or an equivalent design work at the launching site has been made. This also applies to the ship in a construction which does not constitute a Polish property. The shipbuilding register under construction shall be carried out by a maritime chamber appropriate to the ship's construction site.

Article 24. [ Ships Not of Polish Property] § 1. A vessel not constituting a Polish property or not regarded as constituting a Polish property shall be entered in the ship's register, at the request of the shipowner, after meeting the requirements laid down in the art. 13 § 1 and the presentation of the decision of the Director of the Maritime Office of the fulfilment by the ship of the technical conditions required to obtain the entry in the register, subject to § 2.

§ 2. The registers referred to in Art. 23, may be entered a vessel owned by a citizen of a Member State of the European Union or a legal person established in a Member State of the European Union, subject to Article 73a.

§ 3. The ship register of the vessels referred to in § 1 shall run the maritime chamber competent for the port of Poland indicated by the shipowner as the ship's home port.

Article 25. [ Form of registry] The ship register shall be composed of records kept separately for ships:

1) constituting Polish property and regarded as constituting Polish property (permanent register);

2) which have obtained temporary Polish affiliation (provisional register);

3) under construction (register of ships under construction).

Article 26. [ Registration Fees] § 1. For the registration activities referred to in Article 23 § 1 shall be charged the registration fees, which constitute the revenue of the State budget, and the fees for the activities referred to in art. 23 § 3, constitute the income of the relevant Polish sports association leading the register of yachts.

§ 2. The Minister responsible for Maritime Affairs will determine, by regulation, the manner and mode of conducting the Polish yacht register, the model of registration document and the amount of the registration fees, taking into account the provisions of art accordingly. 29 Act and principles of proportionality of charges.

Article 27. [ Entry of foreign vessel to register] § 1. A vessel entered into a permanent register abroad may be entered into a permanent register in the Republic of Poland only after being removed from the foreign register.

§ 2. The ship entered into the permanent register abroad may be entered into the temporary register in the Republic of Poland only after the suspension of its existing affiliation.

§ 3. An entry in the register of a foreign vessel constituting a Polish property or a ship considered as constituting a Polish property shall have no legal effect prior to the deletion of this vessel from the Polish ship register.

§ 4. The temporary granting of the vessel referred to in § 3, the foreign affiliation shall have no legal effect prior to the registration of the entry suspending the Polish affiliation in the Polish register of the suspending Polish affiliation.

Article 28. [ Explicit principle] The registers referred to in Article 23 and 39 (1), shall be public. The persons concerned may request certified extracts and extracts from the registers.

Article 29. [ Data entered in the register] § 1. The permanent register shall be entered as follows:

1) the next registration number of the vessel and the date of entry;

(2) the name or identification number and the identification number given by the international maritime organisation, the international call sign and the type and destination of the vessel;

3. the previous identification name or identification and the data relating to the previous register and the date of the deletion from that register;

4. the name of the ship's home port;

5) the year, the place of construction and the name of the shipyard, if known, and the determination of the main material of the hull of the ship and the type of vessel propulsion;

(6) the main (registry) dimensions and the capacity of the vessel;

7) the designation and address of the owner or all co-owners of the vessel with the determination of their shares in co-ownership and the basis for the acquisition of the vessel's ownership

(8) the identification and address of the ship-owner;

9) the maritime mortgage and the restriction on the disposition of the ship;

10) statement by the maritime chamber of the Polish affiliation of the vessel;

11) statement by the maritime chamber of suspending the Polish affiliation of the vessel;

12) the basis and date of deletion of the vessel from the register.

§ 2. In the temporary register, in addition to the data listed in § 1 points 1 to 8, 10 and 12, the following shall be entered:

1) the previous affiliation of the vessel and the date of its suspension;

2) the period on which the vessel obtained the Polish affiliation;

3) the designation and address of the representative of the shipowner in the Republic of Poland, if such has been established.

§ 3. In the register of ships under construction, the following shall be entered:

1) the next registration number of the vessel in the construction and the date of the entry;

2. identification of the vessel under construction;

(3) the name of the vessel building the vessel;

4) the designation and address of the owner of the ship under construction;

5) the designation of the ship-building contract;

6) the maritime hypothesis.

§ 4. Any change to the data in the ship register shall be subject to an alert.

Article 30. [ Entry to the ship's register] § 1. The entry in the register shall be made on the basis of the notification of the interested party, unless the law provides for an entry on request or ex officie.

§ 2. The owner of the vessel shall be obliged to notify the changes subject to the entry in relation to the vessels constituting the Polish property and ships deemed to constitute Polish property, entered in the register of the ship.

Article 31. [ Strikethrough from the register] § 1. It shall be deleted from the ship's register, which shall:

1) sank or destroyed;

2) is missing;

3) lost the Polish affiliation;

4) has lost the nature of the maritime vessel.

§ 1a. A vessel which has been detained twice during the last 24 months by port State inspections for reasons attributable to the port State may be removed from the ship register, upon request by the Director of the Maritime Office responsible for the port of the ship's home. The ship owner, the master or the ship's crew.

§ 2. In the cases referred to in paragraphs 1 and 1a, the deletion of the vessel from the ship register shall be subject to the consent of the mortgage creditor expressed in writing.

§ 3. It shall be removed from the register of vessels in the construction of a vessel which:

1) has been destroyed in the course of construction or whose construction has been abandoned;

2) has been entered into the permanent register in the Republic of Poland or abroad.

§ 4. In the cases specified in § 3 the deletion requires the consent of the creditor expressed in writing, unless the ship under construction has been entered into a permanent register in the Republic of Poland, and the pregnancy mortgage on it has been entered in that register ex officio.

Article 32. [ Recognition of the missing vessel] A ship shall be deemed to be missing if, during the double period of time required under normal conditions to switch to the port of destination from the place where the last message of the ship arrived, it has not wrapped up to that port nor has it arrived at any another message about the ship. The period required to recognise the ship as missing shall not be less than one month or more than 3 months from the date of the last communication of the ship, and if the lack of information on the ship remains in connection with the war activities, shorter than that of the vessel, 6 months.

Article 33. [ Submission to the ship register] § 1. A declaration to the ship register shall be made within six weeks of the date on which the application was made aware of the circumstances subject to the entry in the register.

§ 2. In the event of failure to notify the vessel or circumstances subject to entry in the register of the ship, the maritime chamber may, by way of order, impose a fine of between 500 and 10 000 PLN for the purpose of filing a declaration. Fines not paid may be waived in whole or in part in the event of a declaration being made by the obligation.

§ 2a. The order to impose the fine referred to in paragraph 2 shall be entitled to a complaint.

§ 3. If the obligation does not make a notification despite the call, the maritime chamber may, after an inquiry, make an alert from the office, marking it in the terms of the alert.

Article 34. [ Assessment of the proposal] The Maritime Chamber shall examine whether:

1) the notification or request and the documents attached to them correspond in terms of the content and form of the applicable laws;

2. the reported data shall be in accordance with the reality, where there is reasonable doubt in this respect.

Article 35. [ Efficacy to third parties] § 1. The circumstance which is the subject of the entry in the register shall be effective in respect of third parties. Such a circumstance, in the absence of an entry in the register of ships, shall be effective against third parties when they are known to have been registered.

§ 2. For the assessment of the effects of the entry in the ship register, the provisions on public rights in the register shall apply mutatis mutandis.

Article 36. [ Ship Certificate] § 1. After entering the ship's register, the vessel receives a ship certificate and the ship under construction-the ship's certificate under construction.

§ 2. The shipbuilding certificate constitutes proof of the Polish affiliation of the ship.

§ 3. A vessel acquired abroad by the Polish consular office may issue a temporary certificate of the Polish vessel's affiliation (certificate of flag) valid for a period of not more than 6 months. The Polish consular post shall notify the competent maritime chamber of the issue of the certificate.

Article 37. [ Refund Certificate] § 1. In the event of a ship certificate issued by a ship which has obtained temporary Polish membership, the document issued to such ship by the authority carrying out its permanent register should be returned to that body. The ship owner shall notify the maritime chamber of the return of the document within 30 days from the date of receipt of the ship's certificate.

§ 2. In the event of suspension by the maritime chamber of the Polish vessel belonging to the Polish property or regarded as constituting the Polish property, the ship's owner shall be obliged to return the marine certificate by the ship within 30 days, counting from the date of the the issue of a vessel of the relevant document by a foreign registry authority. In the event of non-return of the ship certificate, the following shall apply. 33 § 2 and § 2a.

§ 3. The Maritime Chamber shall notify the competent authorities of the State of the permanent register of the temporary establishment of the Polish vessel.

Article 38. [ Delegation] The Minister for Maritime Affairs will determine, by means of a regulation, the means of carrying out the ship register and the mode of registration, the model books, the design of the ship's certificate, the certificate of the ship under construction and the certificate of flags, their mode of issue and the amount of registration fees, having regard to the purpose of the ship register .

Article 39. [ Vessels not registered in the Register] § 1. A vessel constituting a Polish property which is not subject to an entry in the register of a vessel or the Polish register of yachts and has not been entered in any of these registers, shall be registered in the maritime office competent for its port parent. This obligation does not apply to vessels used for sports or leisure purposes, up to 5 metres in length, not engaged in international navigation.

§ 2. Registration document issued by the maritime office constitutes a proof of the Polish affiliation of the ship not entered in the register of the ship.

§ 3. The maritime office shall charge a fee for the issue of the registration document. The fee is the income of the state budget

§ 4. The Minister for Maritime Affairs shall determine, by means of a regulation, the means of registration of the maritime vessels referred to in paragraph 1, the mode of registration of the ships, the model of the registration document and the mode for determining and the amount of the registration fees, Having regard to the capacity and destination of the vessel.

SECTION III

Vessel measurement

Article 40. [ Ship Measurement] § 1. The measurement of the vessel is to determine its gross and net tonnage and the main dimensions (logbooks).

§ 2. The measurement shall be carried out by the measuring authority by issuing a measuring certificate on its basis.

Article 41. [ Measurement Principles] § 1. For the measurement of ships, the provisions of the International Convention on the Capacity of Ships, drawn up in London on 23 June 1969, shall apply. (Dz. U. 1983 r. Nr 56, pos. 247), hereinafter referred to as the "Convention on the Convenance", together with the amendments in force from the date of their entry into force in relation to the Republic of Poland, made public in the appropriate manner, and the provisions of this chapter.

§ 2. The International Measurement Certificate, within the meaning of the provisions of the Maritime Code, is a measurement certificate issued on the basis of the Convention on the Pomernity or any other international agreement in this respect, to which the Republic of Poland is a party.

Article 42. [ obligatorio] § 1. A vessel of Polish affiliation is subject to mandatory measurement.

§ 2. The Minister responsible for maritime affairs may release, by way of regulation, certain types of vessels of Polish belonging with mandatory measurement. This does not apply to vessels engaged in shipping outside the territory of the Republic of Poland.

§ 3. A vessel with a foreign affiliation to a port of Poland, not holding a certificate of measurement referred to in art. 41 (2) may, by decision of the Director of the competent maritime office, be subject to a measurement.

Article 43. [ Optional metric] § 1. Each vessel may be subjected to a measurement at the request of the owner, owner or master.

§ 2. The entry in the ship register of the ship's capacity and register dimensions shall be made only on the basis of a measurement certificate issued by the Polish measuring authority or a measurement certificate referred to in art. 41 § 2.

Article 44. [ Measuring certificate] § 1. The measurement certificate shall be issued without specifying the period of validity of the certificate, unless otherwise specified in specific provisions.

§ 2. The measuring certificate shall cease to be valid if the vessel to which it has been issued:

1) shall be so amended that it does not correspond to the particulars in the certificate in respect of the capacity and the size of the records;

2) the sinking or destruction, the disappearance or the loss of the nature of the seagoing vessel;

3) will change the affiliation, subject to the exceptions provided for in the international agreements, of which the Republic of Poland is a party.

Article 45. [ Rehearsal metric] A vessel which is subject to compulsory measurement may, for control purposes, be remeasured.

Article 46. [ Control of the ship calling to the Polish port] § 1. Control of a ship calling at a port of Poland under the flag of a State which is a party to the Convention on the Pomeranisation or any other international agreement on the mutual recognition of measurement documents, to which the Republic of Poland is a party, shall be limited to checks:

1) whether the vessel has an important measurement certificate corresponding to the provisions of the international agreement on the basis of which it was issued;

(2) whether the essential characteristics of the vessel are the same as those contained in that certificate.

§ 2. The check referred to in paragraph 1 shall not result in the holding of the vessel.

Article 47. [ Measurement Charges] § 1. Measurement fees shall be charged for the measurement of the vessel.

§ 2. The measurement fees for the control measurement shall not be collected if the result of the measurement proves to be in accordance with the data contained in the measuring certificate.

Article 48. [ Measurement bodies] § 1. The bodies of the maritime authorities shall be the directors of the maritime authorities.

§ 2. The tasks of the measuring body may be entrusted in accordance with the provisions on maritime safety.

Article 49. [ Delegation] The Minister responsible for Maritime Affairs will determine, by way of regulation:

1) the scope of operation of the measuring body,

2. the way of the veneers, including ships to which the provisions of the Convention on the Pomeruation are not applicable,

3) the procedure of measuring and control procedures,

4) models of measurement certificates and the amount of measurement fees,

having regard to the principles of international practice in this field.

SECTION IV

Vessel documents

Article 50. [ Ship's documents] § 1. A vessel of Polish affiliation is required to conduct journals and have documents of law foreseen.

§ 2. The documents referred to in paragraph 1 which are required for a ship engaged in international voyages should bear indications in English as well.

Article 51. [ Record keeping] § 1. All documents required for the vessel shall be kept on board and presented at the request of the authorised authorities.

§ 2. The completeness and timeliness of the documents and the correctness of the entries in the logs correspond to the captain.

Article 52. [ Delegation] The Minister for Maritime Affairs will determine, by means of the Regulation, the types, patterns and methods of keeping the logs and other documents of the vessel, taking into account the types of ships and documents on those vessels, and will determine how to store these documents.

Title III

Master of vessel

SECTION I

General provisions

Article 53. [ Captain of the ship] § 1. The master shall exercise the ship's management and perform other functions prescribed by the ship.

§ 2. All persons on board shall be obliged to submit to the master's orders issued to ensure the safety and order of the ship.

Article 54. [ Statutory reinforcement of the master of the vessel] § 1. The master of the vessel shall be, under the law, the shipowner's representative and the cargo concerned as regards the usual matters relating to the performance of the navigation and the ordinary management of the ship and the cargo. Within these limits, the master may, on behalf of the shipowner and interested in the cargo, carry out legal acts outside the port and replace them before the court.

§ 2. The limitation of the statutory fortification of the master by the shipowner or interested in the cargo has legal effect between those persons and the captain, and to third parties, if the restriction was known to them.

Article 55. [ Opposition law] The master of the vessel may object to the shipowner in respect of the composition and professional qualifications of the persons entered on the crew list.

SECTION II

Master's duties

Article 56. [ Care of due diligence] The master shall be obliged to exercise the diligence of the conscientious master of the vessel for all activities.

Article 57. [ Preparation of the vessel for navigation] The master shall be obliged, before commencing and during the journey, to make due diligence in order for the vessel to be seaworthy and, in particular, to comply with the requirements of the rules and principles of good maritime practice as to safety, the appropriate crew, equitable equipment and supplies.

Article 58. [ Prohibition of leaving the vessel] The master shall not be allowed to leave the vessel at sea, except in the case of a reed or anchorage, or endangered any danger, unless it requires an absolute necessity.

Article 59. [ Personal conduct of the vessel] § 1. The master shall personally conduct the ship when entering the ports, canals and rivers, leaving them and within the ports, as well as in any case of particular difficulties or dangers.

§ 2. The captain is obliged to use the services of the pilot or the tug when required by the regulations or the safety of the ship. The master may also use these services when he deems it advisable; the use of pilot services shall not relieve the master from the obligation mentioned in § 1.

Article 60. [ Provision of assistance] § 1. The master shall be obliged to carry all assistance to the people at sea in distress if the assistance of this assistance does not endanger the serious danger of his ship and of the persons on the sea.

§ 2. The Armator shall not be liable for the breach by the master of the obligation specified in § 1.

Article 61. [ Disaster procedure] § 1. The master shall be obliged to take all measures to protect the ship and its occupants and the cargo to the detriment of the ship.

§ 2. If the vessel threatens to be destroyed, the master shall first apply all means available to him for the surviving of the passengers and then to the crew. The master shall leave the ship as the last, vigil over the saving, if possible, of the logs, documents, maps, valuables and coffers of the vessel.

Article 62. [ Liability for carrying cargo] § 1. The master shall be obliged to take due care in order to ensure that the cargo is properly loaded and secured and landed, even though these operations are entrusted to persons who are professionally involved in such activities.

§ 2. During the journey the master shall be obliged to make due diligence in order to ensure that the cargo is not damaged or lost. It is also required to take the measures necessary to safeguard the interests of the persons concerned and, where possible, inform them of specific events relating to the cargo.

Article 63. [ War risk and port blockade] In the event of a war or blockade of destination, the master shall be obliged to take to the nearest secure port, as far as possible, to the port of the friend, and take all measures necessary to prevent the vessel from being depledged; and of persons, property and documents before being taken up by the enemy or before any other war danger.

Article 64. [ Maritime Protest] § 1. If the vessel, the person on the vessel or the cargo has suffered material damage or is likely to have occurred, the master shall be obliged within twenty-four hours of the arrival of the vessel to the the first port, or within twenty-four hours after the accident that occurred at the port, to report a maritime protest:

(1) in a country, a maritime chamber, and in a port where there is no maritime chamber, the district court;

2) abroad-Polish consular office. If this is not possible, the master shall take the necessary steps to determine the circumstances of the accident and to secure the evidence under the local law.

§ 2. The captain is required to submit a protest to the protest , the ship log and the certified copy of the ship log with a detailed description of the accident and, in the event of the disappearance of the ship logbook, a detailed description of all the circumstances of the accident.

§ 3. The authority receiving the protest shall, as far as possible, notify the person concerned of the date of acceptance of the protest.

§ 4. The authority receiving the protest shall draw up a protocol in which it shall include the statements made by the master and the crew members designated by the master. Where necessary after their statements, other members of the crew shall, at the discretion of the authority receiving the protest at the request of the persons concerned, include the testimony of other crew members. When a protest is adopted, the authority drawing up the protest shall mention the mention in the logbook.

§ 5. A fee which constitutes the revenue of the State budget shall be charged for the adoption of a maritime protest.

§ 6. The Minister for Maritime Affairs, in consultation with the Minister of Justice and the Minister for Foreign Affairs, will determine, by way of regulation, the amount of the fees charged for the adoption of the maritime protest, taking into account the amount of other charges of this kind.

Article 65. [ Opportunity and lifting of the flag] § 1. The master shall:

1. present the flag of the vessel to the vessels of the Naval and Border Guard vessels;

2) raise the flag when entering the vessel into port .

§ 2. The Minister responsible for maritime affairs will determine, by regulation, the manner and conditions for displaying the flag of the vessel to the vessels of the Naval and Border Guard and to give honour by ships, taking into account the customs of the vessel International.

Article 66. [ Notification of a marine casuof] § 1. The master shall immediately notify the marine casualties of the State Commission of the Marine Accident Investigation, taking into account the provisions of the Act of 31 August 2012. of the State Commission for the Study of Marine Casualties (Dz. U. Entry 1068).

§ 2. The master shall be obliged, at the request of the maritime chamber or the port master, to provide explanations of any maritime accident.

SECTION III

Master's authority

Article 67. [ Request for assistance] The master of a vessel in distress, after agreement with the vessels having responded to his request for assistance, shall have the right to request that the vessel or vessels designated by him give him the assistance of the vessel.

Article 68. [ Detention of a security-threatening person] § 1. The master may, during the journey, retain in a separate room the person whose behaviour on the ship threatens the safety of the ship, men or property. The detention may take the longest until the arrival of the vessel to the nearest Polish port or to the port of the State of which the person is detained.

§ 2. In the event of a vessel's call to a port other than that referred to in paragraph 1, the master shall notify the Polish consular post and the competent local authorities of the detention of the Polish vessel.

Article 69. [ Commitment and disposal of shipowners] § 1. The master of a ship outside the home port shall be entitled to borrow on behalf of the shipowner and to act on his behalf on credit only within the limits of the necessary need to repair the ship, to complete the crew, to supply the ship. or continue your journey.

§ 2. Within the limits of the powers laid down in paragraph 1, the master may even sell unnecessary belonging to a vessel or an unnecessary part of the food, if the waiting for the shipowner's order or for the funds from him is not possible or uncertain.

§ 3. If, during the voyage, no other means of obtaining the necessary resources were to be obtained, the master, after prior, if possible, in consultation with the freighter and the shipowner, may establish a pledge, or even sell part of the pledge, on the charge. cargo.

§ 4. In the selection of funds to obtain the funds needed for the completion of the journey, the master shall be obliged to ensure that the loss resulting from the shipowner and the cargo concerned is as low as possible.

Article 70. [ Cargo revisit] § 1. If the vessel on the voyage has exhausted the supply of food, the master shall have the right to order, for an equitable chapter, a prop on the cargo vessel which is fit for consumption.

§ 2. The value of the proclaimed cargo is obliged to return the owner.

SECTION IV

Public-law functions of the master

Article 71. [ Proceeding in case of birth or death on board] § 1. In any case of birth or death on board a ship during the voyage, the master shall mention in the logbook and the protocol, and in the event of death, he shall also protect the property remaining after the deceased.

§ 2. The captain reports the birth or death on the ship officially the civil status of the first Polish port to which the ship has wrapped, and abroad the Polish consular office.

§ 3. The testament of the person who died on the ship and the act of securing the property of the ship the master shall transfer to the district court competent for the first Polish port to which the ship has wrapped, and abroad, to the Polish consular office.

Article 72. [ Committing a crime on a ship] § 1. In the event of a criminal offence, the master must draw up a detailed notification of the commission of the offence, take appropriate measures to prevent the person suspected of having committed a criminal offence from being committed. criminal liability, to secure evidence and in accordance with the circumstances to convey a person suspected of committing a criminal offence together with a notification of a criminal offence to the competent authority in the first Polish port to which the ship has wrapped up, or of the Polish Naval, Border Guard, or Police Department.

§ 2. The Minister responsible for maritime affairs, in consultation with the Minister of Justice and the Minister competent for foreign affairs, will determine, by way of regulation, the procedure of the captain's conduct regarding the persons suspected of committing offences against the security of shipping and means of communication of information and evidence relating to such offences to the authorities of other countries, taking into account international agreements which the Republic of Poland is a party to.

Title IV

Rights in rem

SECTION I

Ownership of vessel

Article 73. [ Ownership of vessel] § 1. The ship is a Polish property, if it is owned by:

1) The Treasury;

2) a legal person established in the Republic of Poland;

3) a Polish citizen residing in the Republic of Poland.

§ 2. The ship constituting the Polish property is also a vessel forming part of the property of a personal company entered into the Polish business register.

§ 3. A ship believed to be a Polish property is a vessel:

1) being at least half the property of the entities mentioned in § 1, if the shipowner of that vessel has in the Republic of Poland the place of residence or the seat of its main establishment or branch, and the vessel, at the request of all co-owners, has been entered in the Polish ship register in the permanent register book;

2) owned by a capital company established abroad, in which one of the entities mentioned in § 1 has a capital share, if the shipowner of that vessel has in the Republic of Poland the place of residence or the seat of its main establishment or a branch, and the ship, at the request of the owner, has been entered into the Polish ship register in the register of the permanent register.

Article 73a. [ Entities from EU territory] For the vessel referred to in art. 24 § 2, the vessel shall also be considered as follows:

1) which is at least half of the property of a citizen of a Member State of the European Union or a legal person established in a Member State of the European Union, if the shipowner of that vessel has a place in the Member State of the European Union residence or the seat of its main establishment or branch, and the vessel, at the request of all co-owners, has been entered in the Polish ship register in the register of permanent register;

2. owned by a capital company established abroad in which a national of a Member State of the European Union or a legal person established in a Member State of the European Union has a capital share, if the shipowner of that vessel has in the Member State of the European Union, the place of residence or the seat of its main establishment or branch, and the vessel, at the request of the owner, has been entered in the Polish ship register in the register of permanent register.

Article 74. [ Agreement for transfer of vessel ownership] The contract for the transfer of ownership of the vessel referred to in Article 73 § 1, subject to the obligation of entry in the register of ships, should be included in writing, with the signatures of the parties notarized. This shall also apply to the vessel referred to in Article 4. 73 § 3, and the ship under construction, entered into the Polish shipbuilding register.

Article 75. [ Transfer of ownership of vessel] The provisions on the transfer of ownership of a vessel shall apply mutatis mutandis to the transfer of ownership of the vessel.

SECTION II

Ship's pledge

Article 76. [ Pledge on board (sea hypothesis)] § 1. A pledge entered in that register (a maritime hypothesis) may be established on a vessel entered in the ship register. The provisions of civil law on the mortgage shall apply mutatis mutandis to the maritime hypothesis, taking into account the provisions of this chapter.

§ 2. In order to create a maritime mortgage, an entry must be entered in the ship register .

Article 77. [ Establishment of a marine hypothesis] A declaration of the will of the owner to establish on his ship a naval mortgage should be made in writing, with a signed notarized signature, subject to Art. 84 § 1.

Article 78. [ Form of the marine hypothesis] § 1. A maritime mortgage may also be expressed in the foreign currency or the calculation units referred to in the Article. 101 § 2.

§ 2. In order to secure the same claim, a maritime hypothesis may be established on more than one vessel.

Article 79. [ Extent of receivables loaded with sea mortgages] § 1. The naval mortgage shall, in addition to the vessel and its affiliation, also charge the claims of the owner of the vessel following the establishment of the mortgage on the following:

1) compensation for damage or loss of the ship, including insurance compensation;

2) compensation for rescue in so far as it compensates for damage to the ship caused by rescue;

3) the share of the vessel in a common accident;

4) charges for the rental or lease of the vessel.

§ 2. The parties may extend the scope of receivables encumbered by sea mortgages.

Article 80. [ Transfer of ownership of the vessel to a foreign person] A contract for the transfer of ownership of a vessel laden with a mortgage on a foreign person within the meaning of the Article. 5 point 2 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672 and 675) requires the prior consent of a mortgage creditor expressed in writing, with a signed notarized signature.

Article 81. [ Mortgage creditor authority] In the case of a conscious, significant increase in the risk associated with the operation of a ship laden with a mortgage, which results in a significant deterioration in the situation of the mortgage creditor, it may demand immediate satisfaction from the subject of the mortgage or additional appropriate security.

Article 82. [ Mortgage on the ship under construction] § 1. A seagoing hypothesis can be established on a ship under construction.

§ 2. The naval mortgage on the ship under construction includes materials, equipment and equipment located on the premises of the shipyards under the mortgages of the ship, which by marking or otherwise have been clearly identified as being intended for construction or equipment of that vessel.

Article 83. [ Principle of priority of satisfaction of claims] § 1. The claim secured by the maritime mortgage shall be satisfied from the subject-matter of the mortgage with the priority of other claims, with the exception of the privileged claims referred to in Article 91, enforcement costs, maintenance fees and pensions for compensation for the invocation of the disease, incapacity for work, disability or death, as well as the costs of the last illness and the habitual burial of the ship's owner.

§ 2. The basis of the mortgage creditor from the subject of the maritime hypothesis shall be effected by means of judicial enforcement proceedings, unless otherwise provided by the provisions of this chapter.

Article 84. [ Satisfaction by acquisition of possession and sale] § 1. The contract concluded between the owner of the ship and the creditor of the establishment of the commercial mortgage may provide for the mortgage creditor to take over the mortgage vessel, including the authorisation to sell it, in order to satisfy the contract. the secured receivables from the income that the vessel brings, or the price obtained from its sale. The contract should specify the value of the vessel

§ 2. The contract referred to in § 1 shall be drawn up in writing, with the signatures of the parties notarized, and entered in the Register of the ship.

§ 3. The conclusion of the contract referred to in § 1 shall require the prior consent of the other mortgage creditors, expressed in writing, with signed notarized signatures.

Article 85. [ Acquisition of vessel ownership] § 1. Acquisition of a vessel with a maritime mortgage on the basis of an agreement referred to in Article 4 (1) of the Treaty on the European Community (1) 84 § 1, may occur if the owner of the ship does not satisfy the mortgagulated claim or in other cases provided for in the contract.

§ 2. Taking possession of a ship requires the creditor to make a hypothetical statement on the matter, with an appointment as to the circumstances justifying the acquisition of possession.

§ 3. The declaration referred to in § 2 shall be made in writing, with a signed notarized signature; it shall be disclosed in the ship register not earlier than 14 days from the date of notification of the vessel's owner in accordance with the provisions of Article 4 (2). 87 § 1, unless the owner has agreed to an earlier date.

§ 4. The introduction of a mortgage creditor in the possession of a ship may take place, at its request, with the participation of the bailebender. The request shall be accompanied by a provision of the maritime chamber stating the conformity of the declaration referred to in paragraph 2 with the content of the agreement referred to in Article 2. 84 § 1.

§ 5. A mortgage creditor who has taken possession of a ship in accordance with the provisions of § 1 to 4 may either have it in possession of a third party or be leased or leased in order to satisfy the secured claim of the leased or leased charge. ship. The contract referred to in Article 84 § 1 may stipulate that the consent of the owner of the ship is necessary to give the vessel in possession of a third party and to conclude a contract for the lease or rental of the ship.

Article 86. [ Sales of vessel] § 1. The sale of a vessel loaded with a mortgage in accordance with Article 84 § 1 may be made at the request of the mortgage creditor after the expiry of the period of satisfaction of the claim.

§ 2. The sale is carried out by a notary or bailiff within 30 days, counting from the date of submission by the creditor of a hypothetical request for sale. Such a request shall be made in writing, with a notarized signature certified; it shall be disclosed in the ship register not earlier than 14 days from the date of notification of the owner of the ship and the registry authority in accordance with Article 4. 87 § 1, unless the owner has agreed to an earlier date.

§ 3. A mortgage creditor should in writing notify other mortgage creditors of a request for a sale of the vessel in accordance with § 1 at least 7 days before the date of sale. In the absence of a notification, he shall bear the responsibility for the resulting injury.

§ 4. The sale of a vessel made in accordance with paragraphs 1 and 2 shall have the same legal effect as the sale made by judicial enforcement proceedings.

Article 87. [ Procedure for satisfaction of claims] § 1. Before the creditor takes a hypothetical action intended to satisfy his/her vessel referred to in Article 4 (1) of the Regulation. 85 § 1 or art. 86 § 1 shall, in writing, notify the owner of the ship and the registration authority of the intended action to satisfy its claims arising from the maritime hypothesis established on that vessel.

§ 2. The owner of the vessel may, within 14 days of the notification referred to in § 1, satisfy the mortgage creditor or apply to the court with an action to establish that the claim does not exist or is not required in whole or in part. The application of this action shall result in the suspension of the right of the mortgage creditor to be satisfied in accordance with Article 4. 85 § 1 or art. 86 § 1 until the final proceedings are terminated.

§ 3. The application to the court of action referred to in paragraph 2 shall be disclosed in the register of ships.

§ 4. If the mortgage creditor is a foreign bank or a foreign financial institution, its claim may be met in foreign currencies if the mortgage was denominated in these currencies or the calculation units specified in Art. 101 § 2. The application shall be effected through a bank which, on the basis of separate provisions, is authorised to purchase and sell foreign currencies indicated by the mortgage creditor.

Article 88. [ Satisfaction by taking over possession and sale of the ship under construction] Agreement for the establishment of a maritime hypothesis in accordance with art. 84 § 1 may also apply to the ship under construction.

Article 89. [ Application of provisions on pledged pledged] For non-mortgages of a marine pledge on ships, civil law provisions on movable assets shall be applied.

SECTION III

Privileges on board

Article 90. [ Privileges on board ship] § 1. The creditors shall serve to secure the claims of a privileged statutory right of pledge on a vessel with priority over other claims, even if the pledge is secured by a contract or a court decision.

§ 2. The reasons shall be used regardless of the change of the owner or the shipowner and the good faith of the buyer of the vessel.

Article 91. [ Privileged claims] Claims on the following are the favoured claims:

1) payable to the State of the court costs, without excluding the costs of court execution; expenses incurred in the common interest of creditors for the conduct of the vessel or for the sale of the vessel and the distribution of the price obtained; tonnage fees, lanterns or port and other public charges and benefits of that kind; pilot charges and the costs of supervision and behaviour of the ship from the time of its entry into the last port;

2) contracts for the work of the ship concluded with the captain, other crew members and persons employed in the operation of the ship;

3) remuneration for the rescue and the participation of the vessel in a common accident;

4) remuneration of the damage caused by the collision of ships or other maritime accidents, as well as damage caused in port installations, docks and waterways; compensation for death, bodily injury or the outfit of the health of passengers and crew members; compensation for loss of, or damage to, cargo or baggage;

5) agreements concluded or other legal acts undertaken by the master, within the limits of his statutory consolidation, during the presence of the ship outside the home port, for the actual needs of the maintenance of the ship or the continuation of the journey, regardless of the whether the master is at the same time a shipowner or the owner of the ship and whether the claim is granted to him or his suppliers, to the repaiters of the ship, lenders or other counterparties.

Article 92. [ Satisfaction of the creditor] § 1. An application for satisfaction of the creditor from the subject of the privilege may be brought against the owner and the shipowner. The sentence handed down against the ship's shipowner is effective against its owner, and issued against the owner is effective against the ship's shipowner.

§ 2. The reaping of the creditor on the subject of the privilege shall be carried out by means of judicial enforcement proceedings.

§ 3. The preferential claims arising from the same journey shall be satisfied in the order of the categories calculated in the Article. 91.

§ 4. Claims arising on the same journey and belonging to the same category shall be met in proportion to their amount if the sum to be subdivided is not sufficient to satisfy them in their entirety; however, subsequent claims arising from the same category of claim shall be satisfied. listed in art. 91 points 3 and 5 shall be met in each category before the previous one.

§ 5. Receivables arising from the same event shall be deemed to have been incurred at the same time.

Article 93. [ Satisfaction order of receivables] § 1. The privileges of the last trip shall take precedence over the privileges of previous travel.

§ 2. Claims from the same contract of employment relating to several journeys shall be met on an equal basis with the receivables of the last journey.

Article 94. [ Stretching of privilege] § 1. The privilege shall also extend to:

(1) freight and the payment of passengers and their luggage on the journey during which the privileged claim arose and in respect of the claims resulting from the contracts of employment referred to in Article 1, shall be paid to the freight and their luggage. 91 point 2, of all journeys made during the course of the same contract of employment;

2) damages due to the vessel for the incurred, and unrepaired damage to the ship, as well as for the losses on the freight;

(3) the share of the failure of the joint, provided that the damage to the vessel or the loss on the freight is made up of unrepaired damage;

4) due to the ship's rescue, which occurred during the journey, after deducting, however, the sums of the capital and other persons employed in the operation of the vessel.

§ 2. The allowance does not extend to receivable indemnity insurance claims.

Article 95. [ Expiry of privilege] § 1. The privileges shall expire on the expiry of the year, however, the privileges mentioned in the Article. Article 91 (5) shall expire within 6 months.

§ 2. The expiry date of the privilege shall run for the claim on:

1) compensation for rescue-from the day of the termination of the rescue;

2. damage to the collision of ships or other marine casuality or resulting from death, damage to the body or health of health, from the day on which the damage was caused;

3) compensation for loss of or damage to the cargo or luggage-from the day of the release of the cargo or luggage or from the day on which they should be issued;

(4) receivables arising from actions referred to in Article 4 91 point 5-from the date on which the claim was incurred;

5) other events-from the date of the receivables.

§ 3. The privilege on the claims referred to in art. 94 § 1 shall expire on the moment of their payment, however, the privilege shall remain in force until the amount paid is in the hand of the master or any other person who has taken that amount to the shipowner or the owner of the ship.

Article 96. [ Special expiry dates] If the vessel on which the privilege of pregnancy could not be occupied in the Polish internal waters or the Polish territorial sea in favour of the creditor having in the Republic of Poland the place of residence or seat, the terms set out in Art. 95 shall not end earlier than with the expiry of one month from the date on which the vessel entered the Polish port, but not later than with the expiry of the 3 years from the date of the claim.

Title V

Limitation of liability for maritime claims and the insurance of shipowners for maritime claims

Article 97. [ Limitation of liability for maritime claims] § 1. The liability of the debtor for maritime claims may be limited in accordance with the provisions of the Convention on Limitability of Liability for Maritime Claims, 1976, drawn up in London on 19 November 1976. (Dz. U. of 1986. Nr 35, pos. 175), as amended by the Protocol, drawn up in London on 2 May 1996. (Dz. U. 2012 r. items 146), hereinafter referred to as the "Convention on Limitability of Liability", together with the amendments in force from the date of their entry into force in relation to the Republic of Poland, made public in the right way.

§ 2. To a foreign creditor at the time of filing a claim a permanent place of residence or principal place of residence in the State which established for such a claim a limit of liability lower than determined in accordance with the provisions The convention on limitation of liability, the debtor is responsible only to that lower limit.

§ 3. The right to limit liability under § 1 shall not be granted to a foreign debtor who, at the time of the appointment, is domicially resident or established in a State whose law does not provide for a restriction liability for such a claim; if that law provides for a liability limit higher than that determined in accordance with the Convention on Limitability of Responsibility, this higher limit shall apply.

Article 98. [ Appointment of Limiting Liability] § 1. The debtor may rely on the limitation of liability irrespective of the establishment of the fund of limitation of liability as defined in Article 11 Convention on Limitability of Liability.

§ 2. (repealed).

Article 99. [ Liability range of the debtor] The debtor shall bear the costs of the process related to the investigation of the claim subject to restriction in accordance with the Code of Civil Procedure and shall be liable for the interest on that claim over the limit of liability determined in accordance with the Convention on Limiting liability, however, if the debtor has created a liability limitation fund by means of the deposit of the relevant sum of money to the court, the applicant shall not be liable for any interest arising after the deposit of that sum.

Article 100. [ Claims for damage to equipment and harbour basins] Claims for damage to equipment and harbour basins, waterways and navigational equipment are subject to satisfaction with the priority of other claims, except for claims for death, bodied damage or health.

Article 101. [ Liability limit] § 1. For ships of less than 300 gross tonnage, the liability limit for the obligor shall be:

1) 200 000 units of calculation-in relation to claims for death, damage to the body or health of the health system;

2) 100 000 computing units-in relation to other claims.

§ 2. The calculation unit is the Special Drawing Right (SDR), defined by the International Monetary Fund .

Article 102. [ Liability for action or omisomas] § 1. Where the debtor is a legal person, he or she shall by his own act or omisal referred to in Article 4. The Convention on Limitability of Liability shall mean the act or omismissibility of who performs the functions of the governing body of that legal person.

(2) If the debtor is a shipowner who is engaged in shipping by a permanent administrator, he shall be liable for the action or omisance of the liquidator as for his/her own action or omisance; if the administrator is a legal person, the provision of § 1 shall apply mutatis mutandis.

Art. 102a. [ Insurance of liability for maritime claims] § 1. The shipowner of the vessel of Polish affiliation, with a gross tonnage of 300 and above, is obliged to have insurance or other financial security of liability for the claims of the sea, covering claims subject to limitation on the basis of Convention on Limitability of Liability (liability insurance for maritime claims).

§ 2. The liability insurance for maritime claims shall also be provided by the shipowner of the vessel of foreign affiliation, with a gross tonnage of 300 and above:

1) when this ship enters the Polish port or

2) if this is in accordance with the requirements of international law, when the ship enters the Polish territorial sea.

Article 102b. [ Sum of insurance] The sum of the insurance of each ship from the liability for claims of the sea for claims resulting from each separate event shall be equal to the appropriate maximum limit of liability, as determined in accordance with the Convention on Limiting liability.

Art. 102c. [ Certified proof of insurance] § 1. Having insurance of liability for maritime claims should be confirmed by one or more certificates of liability insurance for maritime claims.

§ 2. The certificate of insurance liability for the claims of the sea shall be issued by the insurer or other entity, which grants financial collateral.

§ 3. The certificate of liability insurance for maritime claims should include:

1. the name of the vessel, its identification number given by the International Maritime Organisation (IMO number) and the name of the host port;

2. the name and principal place of business of the shipowner;

3) the type and period of insurance of liability for maritime claims;

4) the name and principal place of business of the insurer or any other entity providing financial collateral and, when it is different from the place of business, place of establishment of insurance of liability for maritime claims.

§ 4. If the certificate of liability insurance for maritime claims has not been issued in English, French or Spanish, the text of the certificate should contain a translation into one of those languages.

§ 5. The certificate of liability insurance for maritime claims should be kept on board ship.

§ 6. The possession and storage on board of a certificate of insurance of liability for maritime claims shall be checked during the inspection of the ship carried out in the Polish port.

Art. 102d. [ Prohibition of the use of a ship without a certificate of liability for claims of the sea] A vessel of Polish affiliation may not be used in shipping if it does not hold a certificate of liability insurance for maritime claims.

Article 102e. [ Order to leave the port by a vessel with a foreign affiliation, not holding a certificate of liability insurance for maritime claims] § 1. If the certificate of responsibility for claims for maritime claims is not kept on a vessel of foreign affiliation, the Director of the Maritime Office may, by administrative decision, issue a vessel to leave the port, as notified by the Administrative Court. The European Commission, the other Member States of the European Union and the flag State of the vessel. The decision shall be given to the rigor of immediate enforceability

§ 2. If the circumstances allow the removal within a reasonable period of the deficiencies referred to in § 1, before issuing an order to leave the port, the Director of the Maritime Office shall call for the removal of these deficiencies and set a deadline for their removal.

§ 3. A vessel with a foreign affiliation, for which an order has been issued in any Member State of the European Union due to the non-retention on board of a certificate of responsibility for maritime claims, may not enter into the Polish port, pending the presentation of the certificate.

Art. 102f. [ Exemption of provisions] Art. 102a-102e does not apply to ships owned or operated by the State which are used for the provision of non-commercial public services.

Art. 102g. [ Scrutiny of compliance with the provisions on liability insurance for maritime claims] Control of compliance with the rules on liability insurance for maritime claims shall be carried out by the directors of maritime offices.

Title VI

Contracts

SECTION I

Carriage of cargo

Chapter 1

General provisions

Article 103. [ Cargo Carriage Contract] By the cargo transport contract the carrier is undertaking, for the reward, the transport of goods by sea.

Article 104. [ Contract provisions] The cargo transport contract may:

1) provide that the carrier will return all or part of the cargo space of the ship under the cargo for one or more journeys (charter contract), or

2) concern the carriage of individual items or cargo, specified by type, quantity, measure or weight (buking contract).

Article 105. [ The ratio between the carrier and the freight carrier] § 1. The contract of carriage shall determine the relationship between the carrier and the freight carrier (charterer or buckler).

§ 2. Each party may request confirmation of the contract of carriage in writing.

§ 3. In the performance of the freight obligation, the carrier may provide the carrier with another person (the loading). The provisions relating to shippers shall apply to the freight vessel which itself supplies the load to the carrier.

Article 106. [ Withdrawal of rights from the contract] The freight operator may, without the consent of the carrier, withdraw his rights from the contract of carriage to a third party, but shall remain liable for the performance of the contract jointly and severally with the person whose rights he/she has waiving.

Article 107. [ Transhipment to other vessel] § 1. If the cargo is to be carried according to a charter contract carried by a specific vessel, the carrier may only load it on another vessel after the charterer's consent has been obtained.

§ 2. The carrier has the right, in the absence of a clear prohibition on the contract, to replace a ship with another vessel of the same category, which is fit for carriage without delay, in the absence of a clear contract; however, the ship is obliged to substitute the ship with the vessel. a replacement at the time of appointment and inform the buker about the appointment.

Article 108. [ Claims redress] § 1. A claim from the contract of carriage shall expire within 2 years from the date of its requirement.

§ 2. The claims to the carrier related to the cargo, resulting from the bill of lading, expire at the end of the year from the date on which the issue of the cargo took place or was to take place.

§ 3. An action for damages against a third party in the cases referred to in § 2 may be filed even after the expiry of the year within the period specified in the statute of limitations of the claims, not longer than 6 months counting from the date on which the person The claimant has received a claim or has received a lawsuit against her.

Article 109. [ Carriage of postal items] The provisions of this chapter shall not apply to the carriage of postal items.

Chapter 2

Load per vessel

Article 110. [ Preparation for travel] The carrier shall be obliged to make due diligence in order to be seaworthy when commencing the journey, properly equipped, stocked and manned, and, in addition, that it may be loaded, refrigerated and any other premises to which the goods are loaded, were prepared before the start of the journey and brought to a condition suitable for the acceptance, transport and securing of the cargo, as appropriate to its characteristics.

Article 111. [ Substitution of the vessel] The carrier is obliged to put the ship ready for charging at a fixed location and time and leave it there for the prescribed loading period, and when the downtime has been set up-also for the period of downtime.

Article 112. [ Substitution site] § 1. If the charging site has not been set up, the carrier shall place the ship in the customary place of loading or waiting.

§ 2. If the carriage is based on a charter contract, the carrier shall be obliged to substitute the vessel according to the indication of the charterer in a place suitable, safe and accessible without difficulty for the ship's approach, for his stay there and exit from unhinted cargo. If there are a number of charters who have not agreed on the charging site, or if the appropriate charging place has not been given to the carrier, the carrier will do so in accordance with § 1.

§ 3. The charterer may, regardless of whether the place of charging has been established in the contract, require the carrier-for the reimbursement of any associated costs-of towing or dragging a ship from one place to another, unless carriage is a ship that supports a regular line.

§ 4. If the carriage is based on a buccal contract, the buckler shall be entitled to the allowances referred to in § 3 only if it is provided for by the contract or custom adopted in the port in question.

Article 113. [ Notice of Substitution of Vessel] § 1. The carrier shall be obliged to notify in writing to the charterer the ready to commence loading of the vessel in the place referred to in art. 112 § 2, and if such a place has not been indicated to the carrier-in the place referred to in art. 112 § 1 (nota preparedness). If the charterer has indicated the shipper, the carrier shall notify the shipper.

§ 2. The notification, which at the time of receipt does not correspond to the reality, shall be deemed not to have been carried out and the carrier shall be liable for the resulting damage.

§ 3. The customs adopted for this operation in the port concerned shall be used to determine the day and the hours in which the notice is deemed to have been effectively carried out.

Article 114. [ Load interval] § 1. The charging period shall be determined by the charter contract and, if it does not contain a provision on the subject, the custom adopted at the port. This period shall be calculated on working days and hours starting from the day following the day on which the readiness notice has been lodged.

§ 2. The loading period shall include the interruptions caused by the reasons on the freight side or the shippers, as well as the time used for towing or dragging the vessel from one place to the other according to art. 112 § 3.

§ 3. The loading period shall not include the interruption caused by the causes of the carrier, as well as the interruptions caused by force majeure, or by the weather conditions threatening the load or the correctness or safety of the load.

Article 115. [ Ship Downtime] § 1. The parties may provide in the charter agreement that the ship will remain in the port over the charging period (the ship's downtime).

§ 2. If the contract does not determine the period of the ship's downtime, it shall be assumed that the period is 14 days. The downtime period is calculated on current days and hours. However, the outages are not included in the disruption caused by reasons solely on the carrier's side.

§ 3. The remuneration to be paid to the carrier for the downtime (downtime) shall be determined by the contract and, if it does not contain a provision on the subject, the custom. In the absence of normal rates of downtime, the sum of the carrier's expenses for the maintenance of the ship and crew shall be determined over the period of the outage.

§ 4. If no outage is provided in the contract and the ship is held at the end of the loading period on the freight side of the freight or shippers, the carrier shall have the right to pay compensation for the damage caused by the vessel's retention.

§ 5. For the compensation provided for in § 4, the carrier shall also have the right if the ship for reasons occurring on the freight side or the shippers is detained in port over the period of downtime.

Article 116. [ Carriage by a Buking Agreement] On the basis of the Buking Agreement, the carrier shall notify the freight vessel at the appropriate time and place of the ship's loading. Such notification shall be unnecessary when it comes to a vessel operating on a regular basis, unless the time limit set in the distribution of the voyages cannot be complied with.

Article 117. [ Right of delivery of other appropriate cargo] The freight vessel shall have the right to deliver, in the place of the cargo, a specific contract-another suitable cargo, the carriage of which will not worsen the position of the carrier and other freight freight. Freight due to the carrier for transporting such cargo may not be lower than the freight agreed.

Article 118. [ Dead Fracht] § 1. After the expiry of the period of loading and downtime provided for in the charter contract or after the expiry of the deadline set in the contract for delivery of the cargo, the carrier may, at its discretion, start the journey, even if an agreed load has not been completed. delivered. The carrier retains the right to a freight that is also from unloaded cargo (dead freight).

§ 2. The carrier's claim on the dead freight shall be reduced by the sum of the freight received by the carrier for the other cargo accepted for carriage in the place of the undelivered cargo.

Article 119. [ Obligations of the carrier] If, according to the agreement chartering the entire space of the ship, the carrier, while retaining the right to the entire freight, shall be obliged to:

1) to start the journey even before the agreed deadline, even though the cargo has not yet been fully loaded;

2) accept to carry the cargo delivered to him before the end of the charging period or downtime, even though even the acceptance and loading of the cargo may have caused a delay in the commencment of the journey, not longer than 14 days; it does not violate the provisions of art. 115 § 4 and § 5.

Article 120. [ Receipt of cargo acceptance] If, according to the contract, the charterer dispose of the part of the ship's space, the carrier may refuse to accept the load, which would have to cause the charterer to ship the vessel after the prescribed period of loading after the prescribed period of loading. Despite the refusal to accept the cargo, the carrier should be all freight.

Article 121. [ Charterer Privileges] § 1. The charterer, even though he has a contract to dispose of the entire surface of the ship, must occupy only spaces and spaces for this purpose.

§ 2. The charterer may request the appropriate reduction of the freight and the remuneration of the damage if the carrier does not depart to its regulation as defined in the contract of the space of the vessel.

Article 122. [ Freight Obligations] § 1. The freight vessel shall be obliged to deliver the cargo to the ship along its sideboard in such a way as to allow the correct and appropriate loading.

§ 2. On goods which are easily flammable, explosive or otherwise dangerous, the flag shall be marked as dangerous and shall be given to the transporter with the necessary information on the characteristics of the goods.

§ 3. In order to carry out the carriage of goods which are to be circumvated in a special way, the freight must be marked and notified to the carrier of the characteristics of the freight operator.

Article 123. [ Delivering documents by the freight vessel] § 1. The freight vessel is obliged to provide the carrier in due time with the cargo documents needed for its transport.

§ 2. The freighter shall be liable for the damage resulting from the delay in delivery and from the irregularities or inaccuracies of the documents provided for in § 1.

Article 124. [ Liability of freight and shippers] § 1. The freight corresponds to the carrier, as well as to the passengers, crew and owners of other cargo for damages caused by inaccurate or untrue statement of the type or characteristics of the cargo.

§ 2. The liability referred to in § 1 shall also be borne by the shipper if the submission of an inaccurate or untrue declaration concerning the type or characteristics of the load has been made by his or her fault.

Article 125. [ Exclusion of freighting liability] The freight vessel is free of liability for damage caused by a cargo carrier or vessel for any reason without his fault.

Article 126. [ Loading and securing of the load] § 1. The carrier shall be obliged to make due diligence in loading the cargo on the ship and to provide the appropriate decks, divisions, mats and other material necessary for the correct and proper loading and stowage and security (stowage) of the load.

§ 2. The cargo shall be placed on board at the discretion of the carrier; the placement of the cargo on board requires the consent of the shippers, unless it is a cargo carried in closed containers, admitted to the ship adapted for such carriage, or by Cargo that is customarily carried on board.

§ 3. The costs of loading and stowing the cargo on board shall be borne by the carrier.

Article 127. [ Hazardous cargo] § 1. The carrier, while maintaining the right to the entire freight, may, at its discretion, discharge the cargo from the ship, destroy it or dispose of it without the obligation to pay the damage caused by the resulting cargo, if the cargo contains readily flammable materials, explosive or otherwise dangerous, has been falsely declared, or if the carrier could not, by accepting the load, declare its dangerous properties on the basis of a simple knowledge of the things, and has not been prejudiced about these properties. The loading is liable for damage resulting from the loading and transporting of such cargo.

§ 2. If the carrier was aware of the characteristics of the cargo as referred to in § 1 and the cargo was loaded with his consent, but subsequently threatened the safety of the ship, persons on it or other cargo, the carrier may-according to the its recognition-the hazardous charge landed, destroyed or disposed of. The carrier shall be liable only within the limits of liability for a common failure to the detriter of the damage. The carrier retains the right to distance freight.

Article 128. [ Rudder's Kwity] At the request of the shipper, the carrier must, as the loading progressively progresses, issue the corresponding cargo receipts to the ship's vessel (the sternflower), in which, in addition to the type of cargo, the carrier is required to be used for the loading of the carrier. the measure, quantity or weight and marks and packaging may include reservations concerning the condition of the external cargo and its packaging.

Chapter 3

BOL

Article 129. [ Issue of bill of lading] § 1. The carrier shall be obliged after the cargo has been accepted on the ship to issue the loading at its request of the bill of lading

§ 2. If previously issued for this charge the helmet of the helmet, the carrier may make the issue of the bill of lading dependent on their return.

Article 130. [ Receipt Bill of Receiptions to Load] § 1. The carrier may issue shippers, before accepting the cargo to the ship, a document stating the receipt of the cargo for carriage (the bill of lading of the receipt to be loaded).

§ 2. Upon acceptance of the cargo to the ship, the carrier shall issue, at its request, a bill of lading stating that the cargo is accepted for the return of the document referred to in paragraph 1, or at the latter place an indication of acceptance of the cargo on the vessel, stating vessel name and date of loading.

Article 131. [ Institution of the bill of lading § 1. The bill of lading is the proof of acceptance of the cargo in it marked on the ship for carriage and is a document of the legitimacy to dispose of it and to receive it.

§ 2. The bill issued in accordance with the provisions of this chapter creates a presumption of acceptance on the ship by the carrier of the specified cargo for carriage in such quantity and condition as evidently displayed in the bill of lading. Proof of the contrary shall not be permitted where the bill of lading has been transferred to a third party acting in good faith.

§ 3. The bill of lading is the legal relationship between the carrier and the recipient of the cargo. The provisions of the contract of carriage shall only be bound by the consignee if the bill of lading is referred to them.

Article 132. [ Cargo data] § 1. The data relating to the cargo shall be entered in the bill of lading on the basis of a written declaration of the loading.

§ 2. The carrier shall be liable to the carrier for damages and expenses due to inaccuracy or inaccuracy of the declaration as to the measure, volume, number of pieces, quantity and weight of the cargo and its principal marks; however, this does not exempt the carrier from liability as a result of failure to comply with his obligations under the contract of carriage, in relation to all other persons other than the freighter and the shipper.

Article 133. [ Number of copies of the bill of lading] The carrier is obliged to issue the loading of the bill of lading in as many copies as possible, as requested by the loading operator, showing the number of copies issued on each of them.

Article 134. [ Types of bills of lading] § 1. The bill of lading may be issued:

1) on a registered consignee (name of the bill of lading);

2) on behalf of the shipper or the person designated by him (bill of lading);

3) per bearer.

§ 2. If the bill of lading does not indicate the person on whose order the bill of lading has been issued, it shall be deemed to have been issued for the order of the shipper.

Article 135. [ Move BOL] § 1. The bill of lading may be transferred to another person who, by transfer, acquires the power to dispose of the cargo and to receive it.

§ 2. The Conossant shall be transferred:

1) by transfer of receivables (registered bill of lading);

2) by indos (bill of lading);

3) by the issue of the bill of lading (bill of lading).

Article 136. [ Bill Of Lading] § 1. The bill of lading contains

1) designation of the carrier;

2. the marking of the shippers;

(3) the designation of the consignee or the statement that the bill of lading has been issued for the purposes of order or for the bearer;

4. the name of the vessel;

5. the determination of the cargo, stating its nature and, according to the circumstances, its measures, volume, number of pieces, quantities or weight;

6) determination of the external state of the cargo and its packaging;

7) the main characters necessary for the determination of the identity of the cargo, given by the shipper in writing before the start of the load, if printed or otherwise persisted on the individual pieces of the cargo or its packaging;

8) the indication of the freight and other claims of the carrier or the mention that their payment in full has already taken place or should be made in accordance with the provisions of another document;

9) the name of the place of load

10) the name of the place of discharge, or the indication of when or where the indication of the place of discharge will occur;

11) the number of copies of the bill of lading issued;

12) the date and place of the issue of the bill of lading;

13) signature of the carrier or captain of the vessel or other representative of the carrier.

§ 2. If the carrier is not mentioned in the bill of lading, it is considered that the carrier is a shipowner. If the bill of lading issued in accordance with paragraph 1 lists the carrier inaccurately or falsely, the shipowner of the ship on which the cargo is loaded shall be liable to the consignee of the cargo for the resulting damage, and shall serve him with a return to the carrier.

Article 137. [ Carrier Privileges] § 1. The carrier may place due consideration in the bill of lading if the external condition of the cargo or its packaging is of concern.

§ 2. The carrier may refuse to enter into the bill of lading declared to him by the loading of data concerning the quantity, measure, weight and marking of the load, if it has a serious basis for suspecting that the data does not correspond exactly to the actual in the time of loading, or if it is not possible to check this data.

§ 3. The carrier may refuse to enter into the bill of lading the data relating to the cargo marks, if those signs are not fixed on the individual items of the cargo or its packaging in such a way that it is normally to remain legible to the end of the journey.

§ 4. If the cargo has been delivered in the package, the carrier may refer to the bill of lading that the contents are not known to him.

Article 138. [ Direct bill of lading] § 1. Subject to the exceptions provided for in the Act, the provisions on the bill of lading shall apply mutatis mutandis to the direct bill of lading issued by the shipping carrier which is to be carried out on the part of the route by another carrier (sea, river, land or air).

§ 2. For carriage on parts of the route which do not constitute a sea route, the law applicable to the type of carriage in question shall apply. If it is not possible to determine which part of the route the event has occurred, the provisions of the Maritime Code shall be used for the assessment of its effects.

Article 139. [ Carrier Liability] § 1. The carrier which issued the direct bill of lading shall be responsible for the proper performance of the carrier's obligations on the entire route covered by the bill of lading until the release of the cargo to the authorised consignee. Each of the other carriers shall be responsible for the performance of those duties on a part of the route operated jointly and severally with the carrier which issued the direct bill of lading.

§ 2. The carrier which has issued a direct bill of lading may limit its liability to a part of the route operated by it; it shall not exempt it from the obligation to exercise due diligence so that the subsequent carriage can be properly carried out.

§ 3. The carrier which, on the basis of its joint liability of the direct bill of lading, has paid compensation, has the right to demand from each of the other carriers the liability of the lading of the bill of lading, the reimbursement in proportion to the It's a freighter. It is free from the obligation to return the carrier, which will prove that it has duly completed its obligations on the carrier.

§ 4. The last carrier should carry out the rights of previous carriers known to him, in particular their right of pledge.

Chapter 4

Carry out

Article 140. [ Carry out] § 1. The ship should carry out the carriage with due speed, the contractual route, and in the absence of the contract the normal route.

§ 2. A route from a route for rescuing or attempting to save life or property at sea or for another reasonable cause does not constitute a breach of the contract of carriage; the carrier shall not be liable for the damage caused thereby.

Article 141. [ Piecza nad payload] The carrier is obliged to exercise a charge of cargo from its acceptance to the issue and to take care of the interests of the persons interested in the cargo.

Article 142. [ The obstacle and impossibility of executing the command] § 1. If the ship cannot arrive at the port of destination due to an unbehaving obstacle which cannot be expected within a reasonable period of time, the carrier shall direct the ship to the nearest secure port. The carrier should inform the freight operator about the obstacles.

§ 2. If the carriage takes place on the basis of a charter contract, the master should, as far as possible, apply to the charterer's orders. If the charterer's command is not possible or cannot be executed within a reasonable period of time, the master may either unload the charge or return to the port of load, depending on what is more favourable to the charterer, according to his assessment.

§ 3. The charterer is obliged in each case to pay the distance freight.

Chapter 5

Load and Receive Load

Article 143. [ Right of disposal] § 1. The freight operator shall have the right to dispose of the cargo until the authorised consignee is issued. It may, in particular, prior to the commencement of the journey, demand the return of the cargo in the port of loading, as well as even after the commencement of the journey change the original indications concerning the person of the recipient and the place of discharge- the losses and costs. If the cargo is carried on the basis of the bill of lading, the right to dispose of the cargo shall be entitled to any valid holder of the bill of lading, and the carrier must comply with his/her instructions only for the return of all the bills issued. copies of the bill of lading.

§ 2. The rights referred to in § 1 do not serve, if their performance would result in a significant delay in the commencying of the journey, unless the carrier agrees.

Article 144. [ Issuing of cargo] § 1. In the absence of any disparate orders granted pursuant to Article 143 cargo appears at the port of destination.

§ 2. The carrier is obliged to issue cargo at the port of destination to the holder of only one copy of the lading of the bill of lading. After the carrier has issued the cargo on the basis of a single copy, the remaining copies of the bill of lading shall be repealed.

§ 3. The identity card holder of the bill of lading is:

1) from the name of the bill of lading, the consignee indicated in the bill of lading;

2) from the bill of lading for the order-the one for whose order the bill of lading is not transferred by the indos or the holder of the bill of lading showing his right to a continuous number of indos, even the last indos were in blanco;

3) from the bill of lading for the bearer-the bearer of the bill of lading.

§ 4. If the bill of lading has not been issued, the charge shall be issued at the destination of the consignee indicated by the freight operator or by the person authorised by him.

Article 145. [ Application of provisions of the Act] The loading provisions shall apply mutatis mutandis to the determination of the way and the period of discharge and the maintenance of the ship, as well as the costs related thereto. The cost of discharge from the ship along the board shall be borne by the carrier and all other take-off costs shall be borne by the consignee

Article 146. [ Receipt of cargo] § 1. By accepting the cargo, the consignee undertakes to pay the carrier his charges for freight, outage, compensation for the retention of the vessel and any other charges for the carriage of the cargo.

§ 2. If the cargo is carried on the basis of the bill of lading, the consignee is obliged to pay only the receivables resulting from the bill of lading or from the contract of carriage, to which the provisions on the bill of lading referred to.

§ 3. On the basis of the transport of the cargo under the bill of lading, the carrier must not claim compensation for the transfer or compensation for the retention of the ship in the port of loading, unless the time of the bill of lading has been shown in the bill of lading or the retention of the ship's hold ship. Where the charging and discharge period has been specified by a total of one or more days or hours, the carrier shall not be able to rely on the consignee to take an excessive loss of time at the time of loading, unless it has been exposed in the bill of lading.

Article 147. [ Oględzin] § 1. The consignee or the carrier may request that his inspection be carried out by the consignor before the cargo is taken.

§ 2. The costs associated with the visual inspection shall be borne by the person who requests the visual inspection. However, if the visual inspection carried out at the request of the consignee has shown any loss or damage to the cargo, the costs of the visual inspection shall be borne by the carrier, unless it is not liable for the damage found to have been found by the operator.

Article 148. [ Presumption of receipt of the load according to the contents of the bill of lading] § 1. The consignee shall be presumed to have received the charge in accordance with the contents of the bill of lading if he has not notified the carrier in writing of the deficiencies or damage at the latest at the time of removal and, in the case of externally imperceptible damage, not later than three days from the time of receipt of the load. Written notice shall not be required if, at the time of removal, the carrier and the consignee have determined the condition of the cargo

§ 2. The contractual provisions that are cumbersome for the consignee of the cargo than are provided for in paragraph 1 shall be invalid.

Article 149. [ Refusal to Release Load] § 1. The carrier may refuse to issue the cargo and keep it until payment or protection by the payee of its charges for the carriage of the load in question, and also due to the cargo of the share in the common accident and the remuneration for rescue.

§ 2. The carrier which issued the charge of the consignee loses the right of investigation from the freight of the claims mentioned in § 1.

Article 150. [ Unloading at the expense and danger of the recipient] § 1. If the consignee does not report or refuses to accept the cargo or delay the landing so that the landing of the ship cannot be completed in due time, the carrier at the expense and danger of the consignee shall discharge the cargo and shall give it away for storage at home. a component or other appropriate place.

§ 2. In the same way, the carrier will do so if it is reported after it is received from several of the owners of the bill of lading.

§ 3. The carrier shall immediately inform the recipient of the cases referred to in paragraphs 1 and 2, if known, and the loading of the consignor.

§ 4. For the retention of the vessel due to the loading of the cargo for storage, the carrier shall be compensated for the retention of the vessel at the time of loading.

Article 151. [ Unload] § 1. If, within two months of the date of arrival of the ship in the port of discharge, the cargo has not been put into storage and the carrier has not been paid to the carrier of all the debts owed to it by the consignee in connection with the transport in question, the carrier may sell the cargo.

§ 2. The unundertaken cargo may also be sold prior to the handing over to the storage and before the expiry of the two-month period if it is exposed to corruption or if its storage requires costs the amount of which exceeds the value of the cargo.

§ 3. The carrier shall notify the consignee and the freer 7 days prior to the day of sale of the intention to sell the cargo in accordance with the provisions of the provisions of paragraph 1.

Article 152. [ Amount obtained from the sale of the cargo] § 1. From the amount obtained from the sale of the cargo, the carrier covers the charges paid to him by the consignee in connection with the transport in question and the expenses associated with the storage of the cargo, as well as the costs of carrying out the sale and the rest to the court deposit at the place of sale for the purpose of issuing this sum to the entional.

(2) If the amount obtained from the sale of the cargo is not sufficient to satisfy the requirements of the carrier referred to in paragraph 1, the carrier shall have the right to claim the remainder of his duties on the freight vessel.

§ 3. In order to preserve the claims provided for in paragraph 2, the carrier shall be obliged to notify the freight of the delivery of the cargo for storage and the intention to sell it in the event of failure to receive the payment or adequate security in due time.

Chapter 6

Receivables

Article 153. [ The height of the freight] The height of the freight is determined by the contract. In the absence of the contract, the freight is calculated on the basis of the rates applied in place and at the time of loading.

Article 154. [ Cargo Lost] § 1. From the cargo lost during the journey due to any accident, freight is not to be paid, and the price paid in advance is refundable.

§ 2. If the lost charge referred to in § 1, the survivor or has been recovered, the carrier shall have the right to a distance freight, unless the person concerned has not benefited from any advantage from the cargo of the part of the journey.

§ 3. The distance freight is the transport charge calculated on the basis of the proportion of the journey actually spent by the cargo on the whole journey. Not only the distance/distance ratio is taken into account when calculating the distance freight, but also the ratio of the costs and the time, the danger and the hardship which are on average for the part of the journey, to the average of the amount of the journey per person. as part of the remaining to be present.

§ 4. Freight should be entirely carried out for the carriage of cargo lost as a result of its specific natural properties, in particular the deterioration, the leaking or the normal leakage, as well as for the carriage of animals which have died during the journey.

Article 155. [ Freight from surplus cargo] § 1. If the ship has loaded a load greater than that provided for in the contract, the freight carrier should also be charged on that surplus at the rates accepted in the contract.

§ 2. From the cargo placed on board without the knowledge of the carrier, a double sum of the freight per carriage from the port of loading to the port of discharge and the remuneration of the damage which the carrier has incurred as a result of its placing is to be carried out without the knowledge of the carrier the cargo on the ship. The carrier may charge such a charge in any port.

Chapter 7

Privileges on cargo

Article 156. [ Privileges on cargo] § 1. The creditors shall serve to secure the claims of a privileged statutory charge on the cargo with priority over other claims, such as the secured pledge resulting from the contract or the court's decision.

§ 2. Claims are granted on the following:

1) payable to the state from the cargo of the court costs and the costs of execution; expenses incurred for the conduct or for the sale of the cargo and the distribution of the amount obtained; public charges and benefits;

2) the remuneration of the cargo for the rescue and the share of the common accident, due on the cargo of the vessel and other loads;

3) damage caused by the cargo;

4) claims of the carrier from the carriage of the cargo concerned.

§ 3. The preferential claims shall be subject to the vested interest, including interest and costs of the process, in the order indicated in § 2.

§ 4. Claims belonging to the same group shall be met in proportion to their amount if the sum to be subdivided is not sufficient to satisfy them in their entirety.

Article 157. [ Stretching of privilege] § 1. The privilege on the load shall extend to the charges due to the cargo for the incurred and unrepaired damage to the cargo and to the cargo due to the failure of the joint.

§ 2. The allowance does not extend to the charges due to the payment of insurance.

Article 158. [ Expiry of privilege] § 1. The privileges on the load shall be released when the cargo is delivered to the person entitled to receive the cargo.

§ 2. Privileges on the claims listed in art. 157 § 1 will expire at the time of payment of the claim to the person entitled to receive the claim.

Chapter 8

Termination of the Agreement

Article 159. [ Withdrawal from the agreement by the freight vessel] § 1. The freight vessel may depart from the contract of carriage if the carrier has not substituted the ship in the port of loading at the agreed date or there has been another significant delay in the acceptance of the cargo to the ship or the start of the journey.

§ 2. The freight may, after loading, withdraw from the contract until the commencement of the journey and demand the unloading of the cargo, however, it is obligatory to pay the entire freight and the costs caused by the withdrawal from the contract. This right does not serve to the freight, if the discharge of its cargo would result in a significant delay in the start of the journey.

§ 3. The freight vessel may cancel the contract during the journey and demand that the cargo be unloaded, but it is obliged to pay the entire freight and the costs of the carrier due to the withdrawal from the contract. The carrier may refuse to discharge the load if this would result in a significant travel delay or a change of route.

Article 160. [ Withdrawal from contract by charterer] § 1. The charterer who, according to the charter contract, dispose of the entire cargo space of the vessel, may cancel the contract before the start of the journey, but is obliged to reimburse the carrier the amount spent on the cargo, and not included in the contract. frachtu, and also pay:

1) half of the freight-if it is waived by the contract before the start of the scheduled loading period;

2) all freight-if the contract was concluded for one trip only, and the charterer waives the contract after the start of the scheduled charging period; in the event of the start of the downtime or the holding of the vessel charterer is also required to pay downtime or compensation for the retention of a vessel.

§ 2. In case of withdrawal from the contract by the charterer in the course of loading, the carrier is obliged to issue the cargo already loaded, even if the discharge was to stop the ship for longer than the charging and downtime periods; however, it retains the right to the outage or compensation for the retention of the vessel.

§ 3. The carrier shall have the right to claim compensation from the charterer for the damage actually suffered caused by the charterer's withdrawal from the contract of carriage made for a number of consecutive journeys or for the carriage of a certain quantity of cargo. The compensation may not, however, exceed the amount of freight that would have been paid for cancelled journeys. In any case, the carrier is obliged to seek to reduce the damage.

Article 161. [ Withdrawal from contract by carrier] § 1. The carrier may depart from the contract prior to the start of the journey if the value of the delivered quantity of cargo does not secure the freight and other claims of the carrier, and the freight carrier will not pay in advance the entire freight or provide a security.

§ 2. In the event of a withdrawal from the contract by the carrier, the cargo shall be landed at the freight cost and the carrier may request the payment of half of the scheduled freight and any amounts spent on the cargo.

Article 162. [ General principles of withdrawal] § 1. Any party may depart from an agreement without the obligation to pay the injury to the other party if, before the ship has been taken away from the place of loading:

1) a war threatening the danger to the ship or cargo has erupted, or the blockade of the port on which the ship is located or the port of destination of the cargo has been declared;

2. the vessel has been detained for the management of the authorities for reasons beyond the control of the parties;

3) occupied the ship for the needs of the state;

4) an export ban was issued from the place of loading or a ban on carriage to the destination of the cargo.

§ 2. In the event of withdrawal from the contract due to the circumstances provided for in § 1, the costs of the discharge shall be borne by the party which has been depart from the contract.

§ 3. Due to the circumstances set out in § 1, each party may withdraw from the contract also during the journey. In this case the freighter pays off the distance freight and bears the cost of the discharge.

Article 163. [ Termination of mutual obligations] § 1. Mutual obligations of the parties shall lapse if, after the conclusion of the contract, and before the departure of the vessel from the place of loading for reasons for which neither party is responsible:

1) the ship marked in the contract is missing, was taken as a loot, or succumbed to an accident, as a result of which it became unfit for repair or its unfit, or

2) the cargo individually marked in the contract is missing.

(2) If the circumstances provided for in Paragraph 1 have occurred during the journey, the carrier shall retain the right to the freight distance when the accident has become the ship and the entire cargo is saved, and the right to the part of the freight distance falling from the surviving part load when the accident has been loaded.

Article 164. [ Obligation of the furnace over the cargo] The termination of the contract of carriage shall not relieve the carrier of the obligation of roasting over the cargo.

Chapter 9

Carrier Liability

Article 165. [ Carrier Liability] § 1. The carrier shall be liable for damage resulting from the loss or damage of the cargo in time from the receipt of the cargo to the consignee until the consignee is issued.

§ 2. The carrier shall be free of liability if the damage occurred as a result of:

1. act or omission of the master, other crew members, the pilot or persons employed by the carrier in the area of navigation or administration of the ship;

2) fire, if not resulted from the action or fault of its own carrier;

3) dangers or accidents at sea or in navigable waters;

4. force majeure;

5) the cessation of hostilities, the actions of hostile good and public order, the crackdown or the internal disturbances;

6) the act or coercion from the authority or the judicial seizure;

7) restrictions resulting from quarantine;

(8) strike, butler or any other circumstance which holds or restricts the work wholly or partially;

9) rescue or attempt to save lives or property at sea;

10) defects of the hidden, natural property or the defective cargo causing loss of volume or weight or other loss;

11) inadequacy of packaging;

12) the inadequacy or inaccuracies of the signs of cargo;

13) hidden defects in the unnoticed, despite the exercise of due diligence;

14. the activities or omissions of the freighter, the shippers or the consignee or their agent or other representative thereof;

15) any other cause of the result without fault of the carrier, its agents and persons employed by the carrier.

Article 166. [ Compensation amount] § 1. Compensation for loss of cargo is determined according to the normal value of the cargo, and compensation for damage to the load-according to the difference between the normal value of the cargo in the undamaged state and its value in the damaged condition.

§ 2. In order to determine the amount of compensation, the value of the cargo shall be the value of the cargo at the place and at the time when it was or should have been landed from the ship in accordance with the contract of carriage. This value shall be determined by the price of the commodity exchange and, in the absence thereof, at the current market price; if both prices cannot be determined, the value of the cargo shall be determined by comparing it with the value of the goods of the same type and quality.

§ 3. If the value of the cargo has been declared before it is loaded by the shipper and exposed in the bill of lading or another document on the basis of which the carriage is made, the compensation may not exceed the declared value of the cargo. The declaration of the shipper, shown in the bill of lading as to the type and value of the goods, creates the presumption which the carrier may refute the evidence of the opposite.

§ 4. From the sum of the compensation, what the recipient caused by the loss or damage to the cargo has saved on freight, on duty, and other costs.

Article 167. [ The bill of lading not specifying the value of the cargo] § 1. On the basis of the bill of lading in which the value of the cargo has not been shown, the compensation for loss or damage to one load of the cargo or another customary in the trade of the accepted cargo unit shall not exceed the amount calculated in accordance with the principles set out in the International Convention on the Unification of Certain Rules relating to the Lading of Lading, signed at Brussels on 25 August 1924. (Dz. U. of 1937. Nr 33, pos. 258, wprow.: Dz. U. of 1936 Nr 15, pos. 139, of 1937. Nr 33, pos. 259), as amended by the Protocol set out in Brussels on 23 February 1968. (Dz. U. 1980 r. No 14, pos. 48) and the Protocol drawn up in Brussels on 21 December 1979. (Dz. U. 1985 r. Nr 9, pos. 26).

§ 2. In the case of a foreign creditor, whose state has established a lower limit of liability of the carrier from the one specified pursuant to paragraph 1, the carrier shall be liable in respect of that lower limit of liability.

§ 3. If a container, pallet or any similar device is used to group the goods, any piece or unit of cargo listed in the bill of lading as loaded into such a device will be considered to be one piece or unit within the meaning of § 1. Otherwise, such a transport device will be considered as one unit or unit of cargo.

§ 4. The carrier may not benefit from the limitation of the liability provided for in paragraph 1, if it is proved that the damage resulted from the act or omission of the carrier which he or she has committed either with the intention of causing the damage, or by doing so Recklessly and with the knowledge that the damage is likely to occur.

Article 168. [ Exempt Carrier Liability] § 1. The carrier is free of liability for any damage to the cargo or to the cargo bound, if its type or value has been knowingly untruly declared by the shipper.

§ 2. When carrying on the basis of the bill of lading, the provision of § 1 shall apply only if such a declaration of loading has been entered in the bill of lading.

Article 169. [ Prohibition of restricting carrier's liability] § 1. On the basis of the bill of lading, no contractual provision is valid which excludes or limits the liability of the carrier resulting from the contract. 110, 165 and 167.

§ 2. If the bill of lading is put on cargo carried under the charter contract, the provision of § 1 shall apply from the time of the transfer of the bill of lading to a third party.

§ 3. The agreement of the parties may determine the liability of the carrier differently than that results from § 1:

1) for the time from receipt of the goods to the carriage until the commencage of loading it to the ship and from the termination of the discharge until the release of the cargo;

(2) live animals for the carriage of animals;

3) for the cargo carried in accordance with the contract on board the vessel.

Article 170. [ Appointment of the Limiting of Liability of the Carrier] § 1. The carrier and the person who is not an independent contractor with whom the carrier is carrying out an undertaking and the person to whom the undertaking is entrusted may rely on the carrier of the exemption and the restrictions. liability.

§ 2. The exemptions and limitations referred to in paragraph 1 shall not be granted if it is proved that the damage resulted from the act or omission of those persons who committed themselves either with the intent to cause damage, or by progressing recklessly, and with the knowledge that the damage is likely to occur.

§ 3. The total amount of compensation to be borne by the carrier and the persons referred to in paragraph 1 may not exceed the amount provided for in the Article. 167 § 1.

Article 171. [ Applying Exemptions and Limitability of Liability] Exemptions and limitations on liability provided for in Article 165-170 shall apply irrespective of whether the claim is due to contractual liability or non-contractual liability.

SECTION II

Carriage of passengers

Article 172. [ Carriage of passengers] § 1. By the passenger transport contract the carrier shall be taken for a fee to be transported by sea to the passenger and its luggage.

§ 1a. The provisions of the Maritime Code shall apply to the contract of carriage of passengers in the non-regulated range in Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010. on the rights of passengers travelling by sea and by inland waterway and amending Regulation (EC) No 2006/2004 (Dz. Urz. EU L 334, 17.12.2010, p. 1, from late. zm.).

§ 2. The carrier which has entered into an agreement for the carriage of a passenger, or in whose name it has been concluded (the contractual carrier), may entrust the performance of the contract in whole or in part to another carrier which is the owner of the ship, its shipowner or the charterer (the actual carrier).

§ 3. The fee shall also include the carriage of the passenger's caches of passengers normally carried in the passenger compartment.

Article 173. [ Passenger ticket] § 1. The issued passenger ticket provides proof of the conclusion of the contract of carriage and payment of the carriage fee.

§ 2. The passenger ticket may be imitational or bearer.

§ 3. A passenger may not, without the consent of the carrier, transfer to a third person of a passenger ticket.

Article 174. [ Conditions of Carriage] § 1. The terms of the carriage shall be defined

§ 2. The passenger is obliged to comply with the order in force on the ship and to perform any order ordinance.

Article 175. [ Reimbursement of charges for carriage] § 1. A passenger may request a refund of the carriage fee if he has notified the carrier at least seven days before the announced date of commencation of the journey, that he depart from the contract. The carrier may retain a part of the fee not exceeding 1/4 if it has not been able to sell the ticket to another passenger before the start of the journey.

§ 2...................................................................... carriage.

Article 176. [ Obligation to refund the fee] § 1. The carrier shall be obliged to reimburt, in full, the charge for carriage in the event of the passenger's death before the start of the journey, if the carrier has been notified of the death of the passenger not later than 3 days prior to the commenction of the journey.

§ 2. If the death of the passenger occurred during the journey, or if the illness prevented him from continuing the journey, only a part of the carriage charge for the cost of living from which he did not use the refund is refundable.

Article 177. [ Withdrawal from the contract by the passenger] § 1. The passenger may cancel the contract and request reimbursement of the carriage fee in full, when the journey has been cancelled or its start has been delayed for more than 90 minutes.

§ 2. The carrier shall refund the carriage fee within 7 days from the day of application of the request.

Article 178. [ Withdrawal from contract by carrier] § 1. If the carriage is to be carried by a ship other than the passenger, the carrier may cancel the contract of carriage before the journey commences, when the journey without fault does not take place; the passenger must be reimbursed for the carriage.

§ 2. For the reasons set out in § 1, the carrier may, during the journey, withdraw from the contract of carriage by boat other than passenger. At the request of the passenger, the carrier is obliged to refund part of the fee for the non-travelled part of the journey, or to transport the passenger to the port of destination for the first available vessel or other means of transport. An Article shall be applied to the reimbursement of a fee for the non-part of the journey. 177 § 2.

Article 179. [ General principles of withdrawal] § 1. Any party may depart from the agreement due to an outbreak of war threatening the danger, the blockade of the port of departure or destination, the detention of the vessel on the management of power, or other such obstacles to the commencement or continuation of the journey.

§ 2. No matter which party has departed from the contract for the reasons set out in § 1, the passenger shall be reimbursed for carriage in full if it has been waiving the contract before the start of the journey, and if it has been departed during the journey-in part the passenger of the part of the journey that has not been made.

Article 180. [ Termination of the transport contract] § 1. The contract of carriage shall be terminated if, for reasons for which none of the parties are responsible, the ship is missing, sank, taken as a loot, or has been caused by an accident which has become unfit for repair or unfit.

§ 2. If the contract of carriage has been terminated for the reasons set out in § 1, the carrier shall be obliged, at the request of the passenger, to return all or part of the fee for the non-part of the journey. An Article shall be applied to the reimbursement of a fee for the non-part of the journey. 177 § 2.

Article 181. [ Carrier Liability] § 1. The carrier shall be liable for damages to the person of the passenger and for the damage to his luggage in accordance with the provisions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, drawn up in Athens on 13 December 1974. (Dz. U. 1987 r. Nr 18, pos. 108), hereinafter referred to as the "Athens Convention", as amended by the Protocol set up in London on 19 November 1976. (Dz. U. 1994 r. Nr 99, pos. 479).

§ 1a. The provisions of paragraph 1 shall not apply to the transport operations referred to in Article 1. First sentence of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (Dz. Urz. EU L 131, 28.05.2009, p. 24), hereinafter referred to as 'Regulation No 392/2009'.

§ 2. The provisions of the Athens Convention shall apply to all contracts for the carriage of passengers and their baggage, subject to the provisions of the Maritime Code.

§ 3. The provisions of the Athens Convention shall apply mutatis mutandis to the carriage of persons who, with the agreement of the carrier, are travelling without charge for the carriage or under a contract other than that of the passenger transport contract.

Article 182. [ Obligation to hold insurance] § 1. The carrier, who is undertaking the carriage of a passenger by ship of a Polish affiliation, is obliged to have liability insurance for damage to the person or property of the passenger up to the amount of the sum specified at the application of the borders the liability of the carrier provided for in Article 7 and art. 8 of the Athens Convention, subject to Article 182a § 1.

§ 2. The obligation referred to in § 1 shall also apply to the carrier which is undertaking the carriage by boat of foreign affiliation, if the carriage is performed on the territory of the Republic of Poland or between Polish ports.

§ 3. Proof of compliance by the carrier of the obligation referred to in paragraphs 1 and 2 shall be the policy or insurance certificate stating that the insurance contract is concluded. This document shall be kept on board and presented at the request of the maritime inspection authorities.

§ 4. A vessel of Polish affiliation may not be used in shipping if it does not have a policy or insurance certificate referred to in § 3.

§ 5. A ship with a foreign affiliation may not enter the territory of the Republic of Poland, nor leave it if it does not have an insurance policy or certificate referred to in § 3.

Art. 182a. [ Insurance of liability for damage to the person or property of the passenger] § 1. The carrier which is in fact carrying out a ship approved for the carriage of more than 12 passengers, all or part of the carriage referred to in Article The first sentence of Regulation (EC) No 392/2009 is required to have insurance or other financial security of liability for damage to the person or property of the passenger, not less than that laid down in Article 3 (2) of Regulation No 392/2009. 4a 1 of Annex I to that Regulation (insurance of liability for damage to the person or property of the passenger).

§ 1a. [ 2] The provision of paragraph 1 shall not apply to the carriage on board of Class B ships.

§ 2. The insurance or financial security referred to in § 1 should be established by the certificate of insurance of liability for damage to the person or property of the passenger.

§ 3. Certificate of insurance of liability for damage to the person or property of the passenger, issues or certifies:

1) the operator actually transporting the vessel on the Polish affiliation, at his request, the director of the maritime office competent due to the ship's home port,

(2) the transporter actually transporting the vessel with a foreign affiliation, at his request, the director of the maritime office

-if it is established that it meets the requirements laid down in Article 3. 3 of Regulation No 392/2009.

§ 4. A copy of the issued or certified certificate of insurance of liability for damage to the person or property of the passenger director of the maritime office shall send:

1. the registry authority in which the vessel referred to in paragraph 3 (1) is registered;

2. to the competent authority of the State of registration of the vessel referred to in paragraph 3 (2).

§ 5. A ship with a Polish affiliation entitled to carry more than 12 passengers may not be used in shipping if it does not hold a certificate of insurance of liability for damage to the person or property of the passenger, or his attestagations.

§ 6. A ship with a foreign affiliation entitled to carry more than 12 passengers may not enter the territory of the Republic of Poland or leave it, if it does not hold a certificate of insurance of liability for damage to the person or property of the passenger, or his/her certificate.

§ 7. Certificate of insurance of liability for damage to the person or property of the passenger, or his attestar is issued in Polish and English.

§ 8. The certificate of insurance of liability for damage to the person or property of the passenger, or his certificate, shall be issued for the period for which insurance or other financial security has been established. If the insurance or other financial security has expired before the expiry of the period for which it was established, the carrier shall be obliged to notify the director of the maritime office which issued or certified the insurance certificate. liability for damage to the person or to the property of the passenger.

§ 9. The certificate shall be subject to the certificate of insurance of liability for damage to the person or property of the passenger, if it is accompanied by a document of insurance or other financial security, meeting the requirements of art. 3 of Regulation No 392/2009.

§ 10. The certificate of insurance of liability for damage to the person or property of the passenger, or his certificate shall cease to be valid in the event of an expiry of the insurance or other financial security, for the statement of which they have been issued. The certificate of insurance of liability for damage to the person or property of the passenger, or his certificate, which expired should be returned to the Director of the Maritime Office within 14 days from the date of expiry of validity.

§ 11. The vessel of the Polish nationality, the director of the maritime office responsible for the ship's home port, shall issue a certificate in accordance with the requirements of art. 4a (Article 15 of Annex I to Regulation No 392/2009.

§ 12. The certificate of insurance of liability for damage to the person or property of the passenger and the certificate, should be kept on board, subject to art. 4a (Article 14 of Annex I to Regulation No 392/2009.

§ 13. The directors of maritime offices shall check compliance with the provisions on insurance and other financial security of liability for damage to the person or in the property of the passenger.

Art. 182b. [ Fees for issuing or certification of a certificate of insurance liability for damage to a person or property of a passenger] § 1. The Director of the Maritime Office shall charge the following:

1) for issuing a certificate of insurance of liability for damage to the person or property of the passenger-the equivalent in zloty 30 euros;

2) for the certificate of the certificate of insurance of liability for damage to the person or property of the passenger-the equivalent in the gold 20 euro.

§ 2. The conversion of euro equivalent into gold shall be made at the average rate announced by the National Bank of Poland, in force on the date of application for the issue or attestations of the certificate of liability insurance for damages on the person or in the property of the passenger.

§ 3. The fees referred to in § 1 shall constitute the revenue of the State budget.

Art. 182c. [ Delegation] The Minister for Maritime Affairs shall determine, by means of a regulation, the conditions and the mode of issue and the model of the certificate of liability for liability for damage to the person or property of the passenger referred to in Article 3. 182a § 2, and the certificates referred to in art. 182a § 11, bearing in mind the formula set out in Regulation No 392/2009 and the content of the IMO guidelines in Annex II to that Regulation.

Article 183. [ Right of the pledge on the passenger's luggage] § 1. The carrier shall serve on the luggage until it has issued it to the passenger, the statutory right of pledge to secure the claims from the contract of carriage.

§ 2. The carrier may retain the luggage until the time of the satisfaction or adequate security of its claims.

Article 184. [ Baggage not taking] The provisions of Article 1 shall apply mutatis mutandis to baggage not taken by a passenger or by an authorized consignee. 150-152.

Article 185. [ Notification of an accident] § 1. In the event of damage to the body or health system, the passenger shall, as far as possible, immediately notify the carrier of the accident which caused it. In addition, the passenger shall submit his claim to the carrier in writing within 15 days of the descent from the vessel at the latest.

§ 2. It is not applicable that a passenger who has failed to comply with the obligations provided for in § 1, has completed the journey of the deer and the whole.

Article 186. [ Claims redress] Claims from titles other than those laid down in the Athens Convention and in Regulation No 392/2009 expire 2 years after the date of due date.

Article 187. [ Traveller without Captain's consent] § 1. A person who takes a trip without the consent of the master of the ship shall be obliged to pay a double fee for the trip.

§ 2. The master may, at the first opportunity, blow up the person to the mainland or transfer it to the ship at the port of the ship; the master shall give the competent authority of any known information about the the nationality of that person, the port where she was hiding on the ship, and the circumstances of discovering it on the ship.

§ 3. Actions taken pursuant to paragraph 2 shall not release the person who takes the journey without the consent of the master of the vessel from the obligation to pay a double fee for the trip.

SECTION III

Chartering on Time

Article 188. [ Chartering on Time] § 1. Under the charter contract, the shipowner undertakes to pay back to the charterer to dispose of the ship for a marked period of time or for the period of one or more of the following journeys for a specific contract.

§ 2. Each party may request confirmation of the charter contract for the time in writing.

Article 189. [ Podcharter] § 1. Within the limits of the powers of the contract, the charterer may enter into a charter contract with a third party (sub-charter); however, this does not exempt the charterer from the obligation to execute the contract concluded by him with the shipowner.

§ 2. In the case provided for in paragraph 1, the provisions of this chapter governing the rights and obligations of the shipowner shall apply mutatis mutandis to the person returning the vessel to the subcharter.

Article 190. [ Change of ship owner] § 1. The change of the owner of the ship does not affect the charter contract on time.

§ 2. In the event of a change of the shipowner during the duration of the charter, the new shipowner shall, by virtue of the law in the ratio of the charter in time in the place of the predecessor, be liable for the new shipowner, but shall be jointly and severally liable for the obligations arising from the charter contract on time.

Article 191. [ Surrender of the ship at the disposal] § 1. The operator who has concluded the charter contract shall, on time, be required to give the charterer to a ship in a state of navigation, duly equipped, manned, and adapted for the purposes of the contract.

§ 2. The operator shall be obliged to maintain the ship throughout the duration of the charter in accordance with § 1, to pay the crew and to ensure that the vessel is due.

Article 192. [ Exempt from chartering fee] § 1. The charterer is free from the obligation to pay the chartered charge to the shipowner for the time of the vessel's failure to operate as a result of the ship's deficiencies or damage, or due to insufficient crew or deficiencies in its supply; during the period of the vessel's charter it is also free from the obligation to bear the costs of operating the ship.

§ 2. If the intimacy of the vessel has resulted from the reasons attributable to the charterer, the owner shall have an appointment for the charter fee irrespective of the compensation of the damage resulting from the charterer's fault.

Article 193. [ Ship Disposal] § 1. The charterer may have the entire space of the ship intended for the carriage of cargo and passengers.

§ 2. Without the consent of the charterer, no part of the ship, if not occupied by the charterer, may be carried on the account of the cargo or passengers, not least occupied by the charterer.

Article 194. [ Rights and duties of the captain and crew] § 1. During the duration of the charter contract, the master and the other members of the crew shall remain under the control of the shipowner and shall be obliged to follow his instructions.

§ 2. As regards the operation of the ship, the master shall be under the power of the charterer's representative and shall follow his instructions.

§ 3. For the liabilities incurred by the master to the extent indicated in § 2, the shipowner shall be jointly and severally liable with the charterer, unless the master has declared in the undertaking that he is acting on behalf of the charterer.

Article 195. [ Salary for Rescue] The remuneration of the rescue vessel for the duration of the charter shall be deducted for the duration of the time limit first to cover any damage caused by the rescue and thereafter to the remuneration of the crew. The rest of the salary is divided in equal parts between the shipowner and the charterer.

Article 196. [ Withdrawal from contract by charterer] The charterer may depart from the contract in the event of delay in giving him the ship to dispose of. The charterer must also be compensated, unless the shipowner proves that the delay was due to the causes for which he was not responsible.

Article 197. [ General principles of withdrawal] Any party may derogate from the charter agreement on time if, as a result of the outbreak of war, unrest or the management of the authorities, the attainment of the objective for which the contract has been concluded has become impossible, and the change of these circumstances within a reasonable time is not likely.

Article 198. [ Termination of charter contract] § 1. The charter contract in time shall be terminated if the ship is missing, sank, destroyed or accident, which has become unfit for repair or unfit.

§ 2. In cases where the charter contract for time ends on a date other than an appointment, the charter fee shall be due to the date when the charterer had a ship. In the event of a disappearance of the ship, the charter fee shall be made to the date on which the last message of the vessel comes from.

Article 199. [ Claims redress] The claims resulting from the charter contract for the time lapse shall expire within two years from the date on which the contract expired.

Article 200. [ Non-application of the law] The provisions of this chapter do not apply to charter contracts for the carriage of cargo in which the carrier's affiliation is determined according to the unit of time.

SECTION IV

Agency services

Article 201. [ Agency Agreement] By means of an agency contract, the maritime agent shall undertake to pay for the permanent representation of the shipowner in a particular port or area.

Article 202. [ Maritime agent authority] § 1. The maritime agent shall be entitled to undertake, on behalf of the shipowner, the usual activities related to the cultivation of navigation.

§ 2. In particular, the maritime agent shall be entitled to act on behalf of the shipowner in respect of the authorities and operators of seaports, to arrange for the vessel any operation and to receive statements related to the arrival, the stop and the exit the vessel, to conclude on behalf of the shipowner contracts of carriage, maritime insurance contracts and transhipment and storage contracts, to issue bills of lading, to receive and to pay any receivables relating to the folding of the vessel to the port and the transport of the cargo, or passengers and to the investigation on behalf of the shipowner of claims resulting from contracts maritime transport and accidents.

§ 3. When concluding a contract on behalf of a shipowner, the agent may also act on behalf of the other Contracting Party if the shipowner agrees to that.

Article 203. [ Exceeding of the fixation limits] If the agent, acting on behalf of the shipowner, exceeds the limits of his/her attachment, this action shall nevertheless be bound by the operator, unless he/she has stated to the other party as soon as he has received the communication of the action, that he/she does not confirm agent tasks.

Article 204. [ Obligations of the Maritime Agent] The maritime agent should: take care of the interests of the shipowner, follow his instructions and instructions, give him the necessary news about the course of the case, account for the sums taken and disbursed, and take action in order to take action. security of the shipowner.

Article 205. [ Offshore agent's salary] § 1. The amount of the remuneration of the maritime agent shall be determined by the contract and, in its absence, the remuneration shall be given to the agent in the manner of the type.

§ 2. The armator shall be obliged to provide him with appropriate advances, at the request of the agent, to cover the costs of the operations connected with the apron of the vessel in port.

§ 3. The settlement of the shipowner with the agent and the payment of the receivables should be made every 3 months at the end of the calendar quarter, and in any case should be made when the contract is resolved.

Article 206. [ denunciation and withdrawal from the agency agreement] § 1. Each party may, for 3 months ahead, terminate the agency contract concluded for an indeterminate period.

§ 2. Each of the parties may, for a valid reason, immediately waiver the contract, however not later than within 2 weeks from the day on which it learned of this cause.

Article 207. [ Claims redress] Claims arising from an agency contract shall expire within two years from the date of admissibility.

CHAPTER V

Brokerage services

Article 208. [ Brokerage services] § 1. The marine stockbroker shall undertake to pay, on the basis of each order, the conclusion of contracts for the sale of ships, contracts of carriage, charter for the time, towing contracts, maritime insurance contracts and other contracts relating to turnover Sea level.

§ 2. The order may cover the ship's handling of all activities related to its arrival, departure and exit, as well as other activities falling within the scope of the action of the maritime agent. The provisions of the Agency Agreement shall apply mutatis mutandis to those operations.

Article 209. [ Stub Agreement] The brokering order shall include the strengthening of the broker for the conclusion of the contract to be concluded and the receipt of payment on behalf of the contract, unless it contains a clear limitation on which the other party has known.

Article 210. [ Actions for both Contracting Parties] A maritime broker may take action for the benefit of both Contracting Parties if they have given him an order. However, it is mandatory to notify each party of the taking of action also to the other party, and should have regard to the interests of both parties in the intermediary.

Article 211. [ Brokerage of the broker (commission)] § 1. The broker's remuneration (commission) must be mediated in the conclusion of the contract only if the contract has been concluded as a result of his or her treatments.

§ 2. The amount of the remuneration of the broker determines the contract and, in the absence thereof, shall be a brokerage remuneration in the amount adopted in the relations of a given kind.

Article 212. [ Countdown of the amounts entrusted] The broker shall be obliged to settle any amount entrusted to it immediately after the execution of the order.

Article 213. [ Claims redress] Claims arising out of the relationship between a broker and a given order shall expire at the end of the 2 years following the date of maturity.

CHAPTER VI

Towing services

Article 214. [ towing agreement] § 1. By the holding contract, the shipowner shall undertake to pay for the provision of the towing service by the ship.

§ 2. By towing services, it shall be understood in particular to tow or push the ship, to push, pull off, hold the ship or any other assistance in the exercise of the navigation manoeuvre, as well as the presence of a tug in the state of readiness near the ship to serve him with a towing (towing assistant).

Article 215. [ towing unit] § 1. The towing unit shall be formed as soon as it is ready to be carried out by the vessels involved in the manoeuvres required by the head of the towing team, and shall be dissolved as soon as the last manoeuvre and the dismissal of the vessels are carried out. Safe distance.

§ 2. The navigational management of the towing unit shall belong to the master of the towed vessel, unless it is apparent from the contract or circumstances.

Article 216. [ Delivery of the towing vessel] § 1. The shipowner who has undertaken the services of towing services shall be obliged to provide the time and place of the towing vessel that is fit for the performance of the service provided, duly equipped, stocked and manned.

§ 2. The towing services should be provided with the efficiency that circumstances require, without unnecessary breaks and delays, and in accordance with the principles of good maritime practice.

§ 3. A vessel under the direction of the navigation of the master of the other vessel shall not be exempted from taking care of the safety of the towing team and the safety of navigation.

Article 217. [ Salary height] The remuneration for the towing service shall be determined by the contract, and in the absence of the contract, the towage shall be the right remuneration.

Article 218. [ Liability for damages] § 1. The ship the master of which shall exercise the navigational leadership of the towing team shall be liable for the damage caused to another vessel entering the team and to persons and things on that ship, unless it is proved that the damage is a consequence of the damage caused by the vessel. circumstances for which it is not responsible.

§ 2. A ship under the direction of the navigation of the master of the other vessel shall be liable for damage caused by his or her fault to another vessel in the assembly and to persons and other persons on that ship.

Article 219. [ Claims redress] Claims resulting from the towing contract shall expire within 2 years from the date of completion of the towing service.

CHAPTER VII

Pilot services

Article 220. [ pilot service] The pilot service shall consist in providing the master with information and advice in the conduct of the ship due to the navigational conditions of the waters on which the service is provided.

Article 221. [ obligations of the master of the vessel] § 1. The pilot shall remain at the time of piloting the vessel under the direction of the captain of the piloted vessel.

§ 2. The ship's master shall be obliged to provide the pilot with all information relating to the navigational properties of the ship.

§ 3. The use of pilot services does not relieve the captain of the responsibility for the management of the ship.

Article 222. [ Compulsory pilots and mandatory] § 1. Pilot services are provided in voluntary or compulsory pilotage.

§ 2. The compulsory pilotage shall be introduced if the conditions of maritime safety so require, in accordance with the rules laid down in the separate provisions.

Article 223. [ Pilot Contract] § 1. The provision of a pilot service in a voluntary or compulsory pilot shall be carried out on the basis of a pilot contract concluded by the vessel's shipowner with the pilot-service provider.

§ 2. The remuneration for pilot services in voluntary and compulsory pilotage shall be determined by the parties in the contract, whereby the maximum pilot fees shall be determined by the tariff pilot.

§ 3. The pilot at the time of the pilot's stay on the pilot vessel shall be the appropriate room and board if the circumstances so require.

Article 224. [ Liability of the shipowner for damage] The shipowner shall be liable to third parties for the damage caused by the pilot in the provision of the pilot service as well as for the damage caused by the crew member.

Article 225. [ Pilot's responsibility to the shipowner] § 1. The pilot shall be liable to the shipowner for the damage caused by his fault in the provision of the pilot service.

(2) The liability of the pilot to the shipowner for the damage caused in the performance of the contract for the pilot service shall be limited to an amount equal to 20 times the pilot fee due for the pilot service, during the time of which the damage was caused to the pilot service. was created.

§ 3. The limitation of liability under § 2 shall not be granted to the pilot if he has caused damage intentionally or by gross negligence.

§ 4. In the case of a foreign creditor whose State has established a lower limit for the responsibility of the pilot as provided for in § 2, the pilot shall be responsible for the lower limit of liability.

Article 226. [ Claims redress] Claims from a pilot service contract shall expire 2 years from the date of the termination of the service.

Article 227. [ Pilots List] [ 3] The pilot service may only be provided by a pilot entered on the list of pilots operated by the competent director of the maritime office. The pilots list may include persons holding valid documents confirming qualifications and pilot allowances.

Article 228. [ Entry on the list of pilots] § 1. The list of pilots shall be entered into the list of pilots concerned at the request if it meets the qualification requirements laid down in the separate provisions.

§ 2. Director of the Maritime Office shall delete the pilot from the list of pilots in the event of one of the following circumstances:

1) the death of the pilot;

2) the pilot's request;

3) loss of assigned qualification requirements;

4) the loss of the right to exercise the pilot profession by virtue of a final judgment of the maritime chamber, court or other competent authority;

5) (repealed).

§ 3. Where the operation of a pilot threatens maritime safety, the Director of the Maritime Office may restrict or suspend the pilot's powers to provide pilot services for a period of not more than three months, provided that such preemptive reasons are required. When deciding on this matter, the Director of the Maritime Office may direct the pilot to additional training.

Article 229. [ Pilot Stations] § 1. [ 4] The provision of pilot services in pilot and voluntary pilot areas and on voluntary pilot activities in the territorial sea and other Baltic Sea waters (seagoing pilots) shall organise and coordinate pilot stations.

§ 1a. [ 5] The pilot station is an organized team of intangible and material components dedicated to the provision of pilot services by persons possessing the qualifications of a maritime pilot, in a specific part of the Polish marine internal waters and on the sea ports (pilot area) or the territorial sea and the other waters of the Baltic Sea.

§ 2. [ 6] The pilot station shall establish and liquidate, by means of a decision, the Minister responsible for maritime affairs, in the case of:

1) pilot in the pilot area-at the request of the Director of the Maritime Office competent for the specified pilot area,

2) a seagoing pilot-at the request of the Director of the Maritime Office in Gdynia or the Director of the Maritime Office in Szczecin competent due to the port of destination or the port of departure of the vessel using the seagoing pilot

-specifying the requirements to be met by a pilot station with a view to a specific pilot area and the need to ensure the safety of navigation in that area or in the territorial sea and other waters of the Baltic Sea, as well as the need for ensure the correct implementation of the pilot services.

§ 3. The Director of the Maritime Office shall issue the rules of procedure of the pilot station after consultation of the socio-occupational organisations of the pilots.

Article 230. [ Maintenance costs of pilot stations] § 1. The maintenance costs of the pilot stations shall be borne by the trader referred to in Article 4. 223 § 1.

§ 2. The Minister responsible for maritime affairs after consultation of the socio-occupational organisation of pilots will determine, by way of regulation, the tariff of maximum fees for pilot services provided at specific ports in the pilot the mandatory and the mode of collection. The tariff should take into account the conditions for the provision of pilot services in ports.

CHAPTER VIII

Sea rescue

Article 231. [ Maritime Rescue] Maritime rescue within the meaning of the provisions of this chapter is to provide assistance to a vessel in distress in any waters and to rescue or from property from it, as well as to rescue it. another property located on the sea and unconnected permanently and deliberately with the coast.

Article 232. [ Salary for Maritime Rescue] § 1. A salary is to be paid for the sea rescue.

§ 2. The remuneration is also to be paid for saving freight and charges for the carriage of passengers and baggage.

§ 3. The remuneration should also be paid for maritime rescue granted in inland waterways by a vessel of inland waterway or water-amolool.

§ 4. The remuneration should be, even if the sea rescue took place between ships of the same shipowner.

Article 233. [ No remuneration] Subject to the provisions of this Article. 241 § 1 and 3, no remuneration is to be paid for sea rescue, which did not give a useful result.

Article 234. [ Rescue actions against opposition] There is no right to pay the person who took the rescue action contrary to the express and justified opposition of the shipowner or the master of the vessel or the owner of another property in danger which is not present and not was on the ship.

Article 235. [ Exceptional services award] Who, on the basis of the contract, has undertaken to pilot the vessel, to provide towage services or other services to the ship, shall have the right to pay for the sea rescue when the ship is subsequently in danger, if it has given its services to the ship. exceptionally, which went beyond the scope of the contract concluded by the contract.

Article 236. [ Rescue Contracts] § 1. The provisions of this chapter shall apply to any rescue operation, unless the contract results in a different one.

§ 2. The captain has the right to conclude rescue contracts on behalf of the ship's shipowner. The master or shipowner shall have the right to enter into such contracts on behalf of the owner of the property located on the ship.

Article 237. [ Request for invalidation or change of contract] § 1. A party may request the cancellation or amendment of a rescue contract concluded under the influence of the danger or improper influence made by anyone, if its provisions are wrong.

§ 2. The party may request the cancellation or amendment of the rescue contract if the agreed remuneration is not commensorally low or high.

Article 238. [ Rescue duties, shipowners and master of the ship] § 1. The rescuer shall be obliged:

1) conduct rescue operations with due diligence;

2. to make due diligence in order to prevent damage to the environment or to reduce its size;

3) seek the assistance of other rescuers when circumstances so require, and accept their assistance on a reasonable request by the shipowner or the master of the vessel or the owner of another property in distress outside the vessel; this may not be However, they shall have an impact on the amount of his remuneration in the event of a finding that such a request was unfounded.

§ 2. The operator and the master of the ship and the owner of another property in distress and located outside the ship shall be required:

1) cooperate with the rescuers during the rescue operations;

2. to make due diligence in order to prevent damage to the environment or to reduce its size;

3) to a legitimate rescue request to take over the ship or other property in their care when they found themselves in a safe place.

Article 239. [ Salary height] § 1. In the absence of an agreement, the amount of the remuneration shall be determined by taking into account the following circumstances, regardless of the order in which they are listed:

1) the value of the vessel and other property rescued;

2) the skills and efforts of the rescuers in order to prevent damage to the environment or to reduce its size;

3) the result of the rescue;

4) nature and degree of danger;

5) the skills and efforts of the rescuers in order to save the ship, other property and life;

6) the time spent by the rescuers and the damage they have incurred and expenses incurred by them;

7) the risk of responsibility and other dangers which have threatened the rescuers and their equipment;

8) the immediate provision of services;

9. the specific adaptation of the rescuing vessel and other rescue equipment;

10) the condition of the equipment used by the rescuer and its value.

§ 2. In determining the amount of the remuneration, account shall also be taken of the need to encourage the taking up of rescue measures.

§ 3. The remuneration may not be granted or reduced if the rescuing from his fault has caused or impedes the necessity or impediments of the marine rescue or in connection with it, or has been guilty of fraud or other dishonesty.

Article 240. [ Maximum salary] § 1. The amount of the remuneration, excluding interest and court costs, shall not exceed the value of the salvated property.

§ 2. For the determination of the value of the salaried property, its normal value at the place where it was found after the rescue, and if the property was sold-the price obtained from the sale, in both cases after the deduction of the pregnancy on the property rescued public donations and the cost of its conduct, estimate or sale.

§ 3. The persons whose property has been rescued are responsible for the claim for compensation for the rescue in proportion to the value of the salvage property.

Article 241. [ Rescue before damage to the environment] § 1. The rescue of a ship or cargo threatening to cause damage to the environment shall be reimbursed by the shipowner of the ship's expenses, unless he has been able to obtain a remuneration for saving at least equal to the amount of the expenditure.

§ 2. For the purposes of this chapter, environmental damage shall mean physical injury to human life or health, to life in the sea or to resources in the coastal or inland waters and to adjacent areas, caused by the pollution, contamination, fire, explosion or similar serious events.

§ 3. If the rescuing property prevented the damage from the environment or reduced its size, the benefit referred to in paragraph 1 may be increased but not more than 30%; in exceptional cases, the court may raise them above that limit, but not more than 100% of the expenditure incurred by the rescuer.

§ 4. The saving expenditure shall include the actual expenditure incurred intentionally and the equitable allowance for personnel and equipment actually and intentionally used for the purpose of the rescue operation, taking into account when determining the amount of the rescue operation, the criteria calculated in Article 4 (1) of the basic Regulation. 239 (1), points 8, 9 and 10.

§ 5. The benefit referred to in paragraphs 1 and 3 shall only be provided to the rescue if it is higher than the remuneration for the rescue of the property, and only to the extent that it is higher than that of the property.

§ 6. The benefit referred to in paragraph 1 may not be granted or reduced if the rescuer from his fault has failed to prevent or reduce the damage to the environment in the environment.

§ 7. A ship owner who fulfils the benefit referred to in paragraphs 1 and 3 shall have a right of return to the person responsible for the environmental threat or the damage caused to the environment.

Article 242. [ Remuneration paid] § 1. Rescued persons shall not be obliged to pay any remuneration for their saving.

§ 2. The saving human life shall be due to the part of the remuneration for the saving of property and the part of the benefit referred to in Article 2. 241 § 1 and § 3, if its rescue operation remained in connection with an accident which required the rescue of property or the environment.

Article 243. [ Grant of rescue by several rescuers] If a rescue has been granted to several rescuers, each of them has the right to relative part of the remuneration; its amount shall be determined by the contract concluded between the rescuers. In the absence of an agreement, each of the rescuers may require payment of the part of the remuneration to be paid, the amount of which shall be determined by the appropriate application of the Article 239.

Article 244. [ Breakdown of remuneration] § 1. The remuneration due to the ship's rescue vessel shall be divided by one half between the shipowner and the crew after deduction of damage suffered by the ship and the expenditure and losses of the shipowner and crew due to the rescue. If the rescue has not been carried out from the ship, the remuneration shall be divided between the rescuer and the persons employed by him, applying, as appropriate, rules on the distribution of remuneration between the shipowner and the crew.

§ 2. The provision of § 1 shall not apply to the remuneration for rescue operations carried out by the professional rescuers and the vessels of the Naval, Border Guard and Police.

§ 3. The breakdown of the part of the remuneration for sea rescue by the ship's crew should take into account their personal contribution to the rescue. The division project shall be drawn up by the vessel owner The share of the master shall not be less than 30%.

Article 245. [ Protection of rescue claims] § 1. In order to secure the maritime rescue claims, a corresponding security is to be established.

§ 2. The armor of the rescued vessel is obliged to take all necessary measures to ensure by the owners of the cargo the appropriate security of claims against them for the rescue, before the cargo is released.

§ 3. On the basis of a claim for compensation for sea rescue and for reimbursement of costs incurred, the estimation and sale of the property shall be entitled to the right of the pledge on the property to be rescued, and on the items covered by it. possession in connection with the rescue-also the right of detention until the debtor has lodged a security.

Article 246. [ Claims redress] Claims for compensation for sea rescue or for the payment of the benefit referred to in Article 241 § 1 and § 3, they expire within 2 years from the date of completion of the rescue.

Article 247. [ Rescue of drills] The provisions of this chapter shall not apply to the rescue of drills during their use for the purpose of seeking or obtaining mineral resources of the seabed.

Article 248. [ Rescue activities of government and local government bodies] The provisions of this chapter apply to rescue operations controlled or organised by the authorities of government and local government administration.

Article 249. [ The vessels of the Naval, Border Guard and Police vessels] § 1. The provisions of this chapter shall apply mutatis mutandis to the vessels of the Naval, Border Guard and Police.

§ 2. (repealed).

Title VII

Marine casuals

SECTION I

Common Failure

Article 250. [ Common Failure] § 1. The joint failure shall constitute extraordinary sacrifices or expenses incurred deliberately and reasonably in order to rescue the vessel, the cargo carried on it and the freight from the common danger to them.

§ 2. A common failure shall include only those losses which are the direct consequence of the act of common failure. Indirect losses, such as losses from outages or from price differences, are not included in a common failure.

Article 251. [ Extraordinary expenditure] Extraordinary expenses incurred instead of expenditure which would have been included in a common failure shall be regarded as a common failure, but only up to the amount of the expenditure replaced.

Article 252. [ Common Failure Loss] § 1. The loss of a joint failure shall be distributed between the ship, cargo and freight in relation to their actual value at the place and time of the end of the journey. The charge for the carriage of passengers and their luggage is equated with freight.

§ 2. The loss of a common failure shall be distributed according to § 1, even if the danger which caused extraordinary sacrifices or expenses has been failed by any of the participants in the failure of the joint or by a third party. However, the distribution of losses does not deprive the participant of the failure of the joint repayable right of the search from the person whose fault the loss arose.

§ 3. A breakdown of the loss of a common failure shall also be carried out when the act of failure of the joint failure has not led to the intended result, and when the entire vessel or the entire cargo has been consecrated.

Article 253. [ Loss of losses to a common failure] § 1. Losses resulting from loss of, or damage to, cargo which have been loaded on a ship without the knowledge of the shipowner or declared falsely when admitted to carriage, shall not be included in a common failure; however, such cargo, if rescued, shall participate in the covering the shares of the failure common to the general principles.

§ 2. The losses resulting from loss of or damage to the cargo, the value of which was declared to be transported below the actual value, is one of the failures common to the declared value, while the value of the loss or damage of the cargo declared below the actual value of the cargo the share of the joint failure shall be determined according to its actual value.

Article 254. [ Individual failure] Any damage or loss in the ship, cargo or freight that is not subject to a common failure shall constitute an individual failure; it shall be borne by the victim or who is responsible for the failure.

Article 255. [ Dispath] § 1. The determination of whether there is a common failure, the calculation of the loss of the common failure and their distribution (the diaphragus) shall be carried out by the nozzle at the order of the shipowner.

§ 1a. The diffuser can only be provided by a diffuser inscribed on the list of carpenters. The list of carpons is led by the President of the National Chamber of Commerce.

§ 1b. The divider shall be included in the list of carpenters if it meets the qualification requirements laid down in the provisions adopted pursuant to paragraph 4.

§ 1c. President of the National Chamber of Commerce shall delete the dyspaszer from the list of nozzles:

1) at the request of the dyspaszer;

2) in case of loss of qualification requirements;

3) in the case of a statement of the intricate, non-execution of the dyspaw activities, the violation of the law and the violation of the rules of professional ethics;

4) in the case of the death of the dyspaszer.

§ 2. The detailed settlement of the failure of the joint shall be carried out by the dissider by applying, in the absence of agreement of the parties, the rules commonly accepted in the international maritime trade.

§ 3. The order should be granted to a diffuser by the shipowner immediately after the end of the journey, but not later than within one month. In the event of delay, the ship owner may be awarded by another participant in a common failure.

§ 4. The Minister for Maritime Affairs, in agreement with the Minister responsible for the economy, will determine, by regulation, the qualifications required to take up the position of the drawbar, in particular with a view to the requirements of the the dividers in the scope of conducting the proceedings of the dyspaw, the way of appointing a dissider, the entry and the deletion from the list of dywelings and the mode of the dysperic proceedings.

Article 256. [ Claims redress] § 1. A claim from a common statute of failure shall expire within two years from the date of the end of the journey.

§ 2. The statute of limitations shall be interrupted by the application of a claim to a diffuser designated in accordance with art. 255 § 3. The statute of limitations shall run anew from the date of service of the carpentry.

SECTION II

Ship collision

Article 257. [ Collision of ships] The provisions of this chapter cover the liability for damage to the ship or to persons or things on the ship caused by a collision which occurred at sea or in inland waters between sea vessels or by ship. Marine and inland waterway vessels or water-amoles.

Article 258. [ Liability for damage] § 1. The ship shall be liable for damage caused by the collision of his fault.

§ 2. The wine of the vessel shall take place in particular in the event of negligence on the equipment of the ship, the operation of the ship, the handling of the vessel, the compliance with the provisions on the prevention of collisions at sea and the application of other security measures ordered by the the rules in force, the practice of the sea or the special circumstances.

Article 259. [ Collision of several ships] § 1. If a collision is due to the fault of several ships, each of them shall be liable to the extent of his or her fault for the damage caused to the other vessels or to the property upon which they have been caused. If the degree of fault is the same, or cannot be determined, the vessels shall be equivalent in equal parts.

§ 2. The damage caused by death, damage to the body or health of the health system, the ships that failed the collision, shall be jointly and severally liable. A vessel which, on the basis of several liability, paid a share greater than it was, is entitled to a repayable claim to other vessels with a sum overpaid.

Article 260. [ Force majea] § 1. If the collision has occurred as a result of a case or force majeure, or if the causes cannot be determined, the damage shall be borne by the person who suffered it.

§ 2. The provision of § 1 shall also apply when the vessels or one of them were anchored at the time of the collision.

Article 261. [ Obligation of aid] § 1. After the collision, the master of each of the ships that collided shall be obliged to assist the other vessel, its crew and passengers, if this can do so without serious danger to his ship and to its passengers and crew.

§ 2. The master of each of the ships that collided shall also be required to provide the second vessel name, the identification signal and the home port of his ship and the place where and to which the vessel is flowing.

§ 3. The owner shall not be responsible for the breach of the above obligations by the master.

Article 262. [ Claims redress] § 1. A claim for compensation for the damage caused to the collision of ships shall expire at the end of two years from the date of the collision.

§ 2. The statute of limitations shall be interrupted by the initiation of the collision proceedings before the Chamber. The statute of limitations shall run anew from the date of termination of this proceeding.

§ 3. A repayable claim with a sum overpaid on the basis of the joint and several liability of the vessels which has failed the collision shall expire at the end of the year from the date of payment.

Article 263. [ Damage resulted from other causes than collision] The provisions of this chapter shall apply mutatis mutandis where the vessel has caused damage to another vessel on it, to persons or to things, even though it has not even occurred.

Article 264. [ The vessels of the Naval, Border Guard and Police] § 1. The provisions of this chapter shall apply mutatis mutandis to the vessels of the Naval, Border Guard and Police.

§ 2. The vessels referred to in paragraph 1 shall not be liable for damage caused to other ships as a result of a collision or other activity in the performance of official tasks within the restricted zones for navigation and fishing, and advertised as dangerous to shipping and fishing.

§ 3. Minister of National Defence and Minister responsible for internal affairs in agreement with the Minister responsible for maritime affairs shall determine, by way of regulation, the rules and mode of operation of the commanders of vessels of the Navy, the Guard Border and Police in the event of a collision with other vessels, taking into account, in particular, the form and extent of the assistance to the other vessel, its crew and passengers, and the circumstances and scope of the duty to carry out the duty without delay to give the captain of the second vessel the tactical number of the unit

SECTION III

Pollution from ships

Chapter 1

Miscellaneous pollution

Article 265. [ Liability of ship owners for pollution from ship] Subject to the provisions of Chapters 1a and 2, the shipowner shall be responsible for the damage caused by any pollution from the ship in connection with the carriage of cargo, the operation of the ship or the flooding in the sea of waste and other substances.

Article 266. [ Exclusion of shipowner] § 1. The shipowner shall not be liable if the damage arose as a result of force majeure, the sole fault of the deliberate third party or the malfunction or omission of the authorities responsible for the maintenance of the lamps or other navigational devices.

§ 2. If the damage resulted from the fault of the intentional victim, the liability of the shipowner in relation to that person shall be excluded; in the event of gross negligence the liability of the shipowner may be excluded in whole or appropriate part.

Article 267. [ Liability of solidarity] If the damage has been caused by pollution from two or more vessels, their shipowners shall be jointly and severally liable for damage.

Article 268. [ Too bad and repairing her] § 1. By the damage caused by pollution, it is understood that the pollutant is caused by the effects of the pollutant as well as the deliberate use of the preventive measures applied after the pollutant event.

§ 2. The remediation of the damage caused by the pollution includes the losses suffered by the injured party and the benefits it could achieve had the environment not been polluted. The recovery shall also include the reimbursement of the cost of the preventive measures referred to in paragraph 1, and the necessary expenditure and inputs that have been or will be incurred in order to restore the environment to the pre-pollutant state.

Article 269. [ Prohibition of deactivation and limitation of liability] It is not possible to exclude or limit the liability referred to in Art. 265-268.

Article 270. [ Expense Reimbursement Request] Anyone who, in order to prevent damage to the environment caused by pollution from the ship, has incurred the necessary expenses may request reimbursement from the shipowner who is responsible for the pollution.

Article 271. [ Restoration of the environment to the state from before the pollution] § 1. The maritime administration may require the shipowner, who is responsible for environmental pollution, to restore the environment to its pre-polluting state.

§ 2. If the restoration of the marine environment to the state from before the pollution was impossible or excessively difficult for the shipowner, he may relieve himself of this obligation by reimbursable the necessary costs and expenses which have been or will have to be in this to be incurred by the maritime administration or third parties.

Chapter 1a

Impurities in bunk oil

Article 271a. [ Liability for impurities with bunk oil] § 1. The provisions of the International Civil Liability Convention for damage caused by the oil pollution caused by the bunk oil on board or from the ship shall be responsible for the damage caused by the oil pollution caused by the oil pollution caused by the oil pollution caused by bunk-oil pollution, adopted by the International Maritime Organisation in London on 23 March 2001. (Dz. U. of 2008 No. 148, item. 939), hereinafter referred to as the "Bunker Convention", together with the amendments in force from the date of their entry into force in relation to the Republic of Poland, made public in the right way.

§ 2. Used in the provisions of this chapter, the terms "ship", "ship owner", "bunker oil", "preventive measures", "pollution damage", "ship registration state", "gross tonnage"-correspond to the meaning given to them by the in the Bunker Convention.

§ 3. The provisions referred to in paragraph 1 shall also apply to ships which are not registered in any of the States Parties to the Bunker Convention, nor shall they raise the flag of any of those States where:

1) damage caused by pollution originated in the territory of the Republic of Poland or in the exclusive economic zone of the Republic of Poland;

2. preventive measures to prevent the damage referred to in point 1, or a reduction thereof, have been applied.

Article 271b. [ Certificate stating the financial security of liability for damage] § 1. The owner of a vessel with a Polish affiliation, with a gross tonnage exceeding 1000 tonnes, shall be obliged to have the financial security of the liability for pollution caused by the pollution found by the relevant certificate.

§ 2. The certificate shall issue or certify the Director of the Maritime Office, at the request of the owner of the ship.

§ 3. The certificate appears in Polish and English.

§ 4. The certificate shall be issued for the period of time for which the financial security has been established. Where the financial security has expired before the expiry of the period for which it was established, the owner of the vessel shall be obliged to notify the Director of the Maritime Office which issued or certified the certificate.

§ 5. The certificate expires in the event of the expiration of the financial security from which it was issued.

§ 6. The certificate shall be certified if the financial collateral document is attached to it.

§ 7. A copy of the certificate issued or endorsed by the Director of the Maritime Office shall forward to the competent authority of the State

Art. 271c. [ Licence and certificate fees] § 1. The Director of the Maritime Office shall charge the following:

1) for issuing a certificate-the equivalent of 30 euros;

2) for certification of the certificate-the equivalent of 20 EUR.

§ 2. The conversion of the euro equivalent referred to in § 1 for the gold shall be made at the average rate announced by the National Bank of Poland for that currency on the day, respectively, the submission of an application for issuing or certificate of the certificate.

Art. 271d. [ No certificate and shipping] § 1. Vessel referred to in Article 271b § 1 may not be used in shipping unless it has a certificate of financial security of liability for damage caused by pollution.

§ 2. The certificate should be kept on board.

Art. 271e. [ No certificate and entrance to the Polish port] A ship with a gross tonnage exceeding 1000 tonnes cannot enter the Polish port or leave it, and also use transhipment facilities in the territory of the Republic of Poland if it does not hold a certificate stating the financial security liability for damage caused by pollution, issued or certified by the competent authority.

Art. 271f. [ Issue of the certificate by the Director of the Maritime Office The Director of the Maritime Office may issue a certificate stating the financial security of liability for damage caused by pollution to the owner of a ship not registered in any of the States Parties to the Bunker Convention, if he/she proves that it has sufficient financial security for this responsibility.

Art. 271g. [ Conditions, Mode and Certificate of the Certificate] The Minister for Maritime Affairs shall determine, by means of a regulation, the conditions and the mode of issue and the model of the certificate referred to in Article 4. 271b § 1, having regard to the need to ensure that financial liability for damage caused by the pollution of bunker oils is properly safeguested and that the model certificate should correspond to the model set out in the Bunker convention.

Art. 271h. [ Enforcement control] Control of compliance with the provisions on financial protection of liability for pollution caused by pollution shall be carried out by the directors of maritime offices.

Chapter 2

Pollution from ships transporting oils

Article 272. [ Pollution from ships carrying oils] § 1. The provisions of the International Convention on Civil Liability for Oil Pollution Damage shall apply to liability for damage caused by the leakage or removal of oil from a vessel carrying oil in bulk as cargo, that was drawn up in Brussels on 29 November 1969. (Dz. U. of 1976. Nr 32, pos. 184), as amended by the Protocol, drawn up in London on 27 November 1992. (Dz. U. of 2001. No. 136, pos. 1526), hereinafter referred to as the "Convention on Civil Liability", together with the amendments in force from the date of their entry into force in relation to the Republic of Poland, made public in the right way.

§ 2. The terms "ship", "owner", "ship registration state", "oil", "preventative measures", "pollution damage" are used in the provisions of this chapter-they correspond to the meaning given to them by the Convention on Liability .

§ 3. The provisions referred to in paragraph 1 shall also apply to ships which are not registered in any of the States Parties to the Convention on Civil Liability and shall not raise the flag of any of those States, if:

1) damage caused by pollution originated in the territory of the Republic of Poland or in the exclusive economic zone of the Republic of Poland;

2. preventive measures have been applied to prevent or reduce the damage referred to in point 1.

Article 273. [ Financial security] § 1. The owner of a vessel with a Polish affiliation, carrying more than 2000 tonnes of bulk oil as cargo, is obliged to have the financial security of liability for pollution caused by the pollution found by the relevant certificate.

§ 2. The certificate shall issue or certify the Director of the Maritime Office, at the request of the owner of the ship.

§ 3. The certificate appears in Polish and English.

§ 4. The certificate shall be issued for the period of time for which the financial security has been established. Where the financial security has expired before the expiry of the period for which it was established, the owner of the vessel shall be obliged to notify the Director of the Maritime Office which issued or certified the certificate.

§ 5. The certificate expires in the event of the expiration of the financial security from which it was issued.

§ 6. The certificate shall be certified if the financial collateral document is attached to it.

§ 7. A copy of the certificate issued or endorsed by the Director of the Maritime Office shall forward to the competent authority of the State

Article 273a. [ Licence and certificate fees] § 1. The Director of the Maritime Office shall charge the following:

1) for issuing a certificate-the equivalent of 30 euros;

2) for certification of the certificate-the equivalent of 20 EUR.

§ 2. Article Recipe 271c § 2 shall apply mutatis mutandis.

Article 274. [ Certified financial collateral] § 1. Vessel referred to in Article 273 § 1, may not be used in shipping unless it has a certificate stating that the financial security of liability for pollution caused by the pollution is not provided.

§ 2. The certificate should be kept on board.

Article 275. [ Obligation to hold a certificate] A ship carrying more than 2000 tonnes of bulk oil as a cargo cannot enter the Polish port or leave it, and use transhipment facilities in the territory of the Republic of Poland if it does not hold a certificate stating the security financial liability for damage caused by pollution, issued or certified by the competent authority.

Article 276. [ Issuance of certificates] The Director of the Maritime Office may issue a certificate stating the financial security of liability for damage caused by pollution to the owner of a ship not registered in any of the States Parties to the Convention on Civil Liability, if it proves that it has sufficient financial collateral for that responsibility.

Article 277. [ Delegation] The Minister for Maritime Affairs shall determine, by means of a regulation, the conditions and the mode of issue and the model of the certificate referred to in Article 4. 273 § 1, having regard to the need to ensure that the financial liability for the damage caused by oil pollution is properly secured and that the certificate should be based on the model set out in the Convention, civil liability.

Article 278. [ Enforcement control] Control of compliance with the provisions on financial protection of liability for pollution caused by pollution shall be carried out by the directors of maritime offices.

Chapter 3

International Fund for Compensation for Oil Pollution Damage

Article 279. [ International Compensation Fund] § 1. The provisions of the International Convention for the Establishing of the International Fund shall apply to the recovery of claims against the International Fund for Compensation for Oil Pollution Damage, hereinafter referred to as the 'International Fund'. Compensation for Oil Pollution Damage, drawn up in Brussels on 18 December 1971. (Dz. U. of 1986. No 14, pos. 79), as amended by the Protocol, drawn up in London on 27 November 1992. (Dz. U. of 2001. No. 136, pos. 1529), together with the changes in force from the date of their entry into force in relation to the Republic of Poland, made public in the right way.

§ 2. The claim to the International Fund may be claimed when it has not been met under the Civil Liability Convention, because:

1) there is no liability for damage within the meaning of the Convention on Civil Liability (Art. 272 § 1);

2. the owner of the vessel or its guarantor shall be unable to comply fully with its obligation;

3) the amount of damage exceeds the responsibility of the owner of the ship

Article 280. [ Contributions to the International Fund] § 1. The person receiving the oil transported by sea in the territory of the Republic of Poland pursuant to the provisions of Art. 10 of the Convention referred to in Article 279 § 1, in the amount of 150 thousand. tonnes or more, and shall pay contributions to the International Fund in accordance with Article 4 (1) of the 10 and art. 15 of that Convention.

§ 2. Anyone who receives from abroad or any place located in the territory of the Republic of Poland or within the exclusive economic zone of the Republic of Poland oil transported by sea pursuant to the provisions of § 1, the Minister responsible for public finance shall, by 15 January each year, delegate the quantities of oil obtained during the preceding calendar year.

§ 3. Anyone who fails to comply with the obligation laid down in § 2 shall be punished by the monetary penalty of 1 SDRs per tonne of undeclared contribunal oil.

§ 4. The financial penalty referred to in paragraph 3 shall, by means of an administrative decision, be issued by the Director of the Maritime Office due to the port of landing. The provisions of the Act of 21 March 1991 are governed by the provisions of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration (Dz. U. 2003 r. No. 153, pos. 1502, with late. zm.).

§ 5. The Minister responsible for public finance shall report annually to the International Fund, giving the name and address of the persons referred to in paragraph 1 and the quantities transported by each such person by sea of the conversion oil during the course of the year in which the contract is carried out. the previous calendar year.

§ 6. The Minister responsible for public finance shall refer the report referred to in paragraph 5 to the Minister responsible for the maritime affairs of the maritime economy.

Article 281. [ Responsibilities of the Director of the Maritime Office] In the event of injury caused by the oil pollution, the Director of the Maritime Office shall, at the request of the injured party, determine the existence of the accident and make the documentation of the damage available to him.

Chapter 3a

International Additional Fund for Compensation for Oil Pollution Damage

Article 281a. [ Provisions applicable to the recovery of claims against the Additional Fund] The provisions of the Convention referred to in Article 1 shall apply to the investigation of claims against the International Additional Fund for Compensation for Oil Pollution Damage, hereinafter referred to as 'the Additional Fund'. Article 279 (1), supplemented by the Protocol, drawn up in London on 16 May 2003. (Dz. U. 2009 r. Nr 49, poz. 392), hereinafter referred to as "the Protocol of 2003", together with the amendments in force from the date of their entry into force in relation to the Republic of Poland, made available to the public in the right way.

Article 281b. [ Bodies authorised to pursue claims] § 1. A claim against the Additional Fund shall be entitled to any person whose claim that the damage caused by the pollution has been fixed has not been fully met by the International Fund, on the grounds that the total amount of the damage has been met exceeds, or there is a risk that it exceeds, the applicable compensation limit laid down in Article 4 par. 4 of the Convention referred to in Article 4. 279 § 1, in respect of each accident.

§ 2. The claim shall be understood to mean the claim referred to in Article 2. 1 (1) 8 The Protocol of 2003

Article 281c. [ Claimant identity of the claimant] A claim against the International Fund will be considered as a claim filed by the same creditor in respect of the Additional Fund.

Article 281d. [ Contributions made to the Additional Fund by a person receiving on the territory of the Republic of Poland a contribunc oil in the amount of 150 thousand. tonnes or more] A person receiving on the territory of the Republic of Poland a contribant oil transported by sea in accordance with the provisions of Art. 10 of the Protocol of 2003, in the amount of 150 000. tonnes or more, shall pay contributions to the Additional Fund, in accordance with the provisions of Article 4 (1) of the 10 of that Protocol.

Art. 281e. [ Information obligation of the Minister responsible for public finance matters] The Minister responsible for public finance shall inform the Additional Fund of the absence of the persons referred to in the Article. 281d.

SECTION IV

Property that has been floated or found

Article 282. [ Extraction of submerged property] § 1. The owner of the property (vessel, cargo or other object) sunk within the Polish marine internal waters or the Polish territorial sea should within 6 months from the day of the sinking of the property to report in the appropriate office of the maritime intent the extraction of the property and the date by which it intends to complete the extraction. The Director of the Maritime Office may, within three months of the day of notification, request a change to the indicated time limit or delete the relevant time limit for the completion of the extraction, which shall not be less than one year from the date on which the decision was served.

§ 2. If the owner of the property within the period specified in § 1 has not declared the intention to extract property or he has not completed the extraction of property within the period specified by himself or designated by the Director of the Maritime Office, the Director of the Maritime Office may order the extraction of property at the expense of the owner.

§ 3. If the owner of the property within the prescribed period does not report after receipt of the property or does not pay the costs of his removal, the director of the maritime office may sell the property and from the sum obtained from the sale to cover his costs and the expenses for storage and to carry out the sale and make the rest a court deposit for the purpose of issuing it to the authorized person.

§ 4. (repealed).

Article 283. [ Requirement to obtain the authorisation of the competent military authorities] § 1. The extraction of military or military property shall be subject to the authorisation of the competent military authorities.

§ 2. If the owner of a submerged property has not obtained permission to extract this property, it may return within 3 months from the date of receipt of the refusal to the Director of the Maritime Office for the order in agreement with the competent military authority of mining this property at the expense of the owner.

Article 284. [ Property of obstructing shipping] § 1. If the property floated or abandoned in the pelvis or on the surface of the water makes it difficult to navigate or work in port, on the river or in the waterway, or threatens sailing, the Director of the Maritime Office may order the removal of the obstacle to the cost of the ship. the owner, by designating it an appropriate time limit for receipt of the property for the reimbursement of the costs incurred.

§ 2. The order of art. 282 § 3 shall apply mutatis mutandis.

Article 285. [ Application for extraction and arrival of other people's property] The extraction of the property of the sunken in the sea and the arrival of it on the Polish maritime internal waters or the Polish territorial sea should be declared without delay to the maritime office, stating the time, place and circumstances of the extraction of property and as far as possible you can also inform the owner of this, and until the property has been released, you can protect it accordingly.

Article 286. [ Reimbursement of costs and expenses] § 1. The extraction of the property shall be the reimbursement of expenses and expenses and the remuneration to be determined in accordance with the applicable application of the provisions on maritime rescue.

§ 2. In order to secure the claims referred to in paragraph 1, the extractor shall have the statutory right of pledge on the extraction of the property, with the priority given to the privileged claim for the rescue.

Article 287. [ Sales of extracted property] If the extracted property is rapidly spoilt or destroyed, or if its storage requires excessive costs, the extractor may sell it and the sum obtained from the sale after deduction of its receivables to the court, notifying the owner immediately of the sale and placing the rest of the sum to the court deposit.

Article 288. [ Edition of property of the maritime authority] § 1. If the owner is not known, or within 30 days of the date of notification of the extraction, he shall not report for the receipt of property or he/she does not pay the extraction claim, the extractor shall issue the extracted property to the maritime office, and when it is with military or military swords, transfer to the competent military authority.

§ 2. In order to establish the owner of the extracted property, the maritime office shall carry out an investigation by calling for the declaration of the unknown owner of the property in a manner customarily adopted.

§ 3. The Minister for Maritime Affairs, in agreement with the Minister of Justice and the Minister for Foreign Affairs, shall determine, by means of a regulation, the procedure referred to in paragraph 2 with a view to the effectiveness of the procedure.

Article 289. [ Unreported owner] If the owner of the property within a period of six months from the date of the call by the Director of the Maritime Office does not report for the receipt of the property or does not pay the claim of the mining and the costs incurred by the maritime office, the Director the maritime office may sell the extracted property and the sum obtained from the sale after deduction of the extracting claim and its costs to the court deposit. Article Recipe 287 shall be applied mutatis mutandis.

Article 290. [ Right to pay] § 1. He who has found and saved the miracles of property floating at sea or who has contributed to the rescue of such property shall have the right to pay according to the provisions on marine rescue, if he has claimed his claim at the latest at the time of the devotion of the property found.

§ 2. Who has found and secured the miracles of property washed ashore shall be entitled to a salary of not more than 30% of the value of the property, if the claim has been filed at the latest at the moment of the devotions of the property found.

§ 3. In the cases provided for in paragraphs 1 and 2, the provisions of Article 4 shall apply mutatis mutandis. 285-289.

Article 291. [ Delegation] The Minister of Justice, in agreement with the Minister for Maritime Affairs and the Minister responsible for public finance, will determine, by way of regulation, the manner of handling of the city, the owner of which has remained unknown, and mode of fixing and covering receivables related to extraction, collateralisation, sale of property pursuant to the provisions of this chapter, as well as the manner and mode of conduct provided for in this chapter of property sale, with application of the provisions of the Civil Procedure Code

Title VIII

Maritime insurance

SECTION I

Maritime insurance contract

Chapter 1

General provisions

Article 292. [ Maritime Insurance Contract] § 1. Under the maritime insurance contract, the insurer undertakes in exchange for the insurance premium to pay compensation for the damage caused by the dangers to which the insurance is exposed in connection with maritime shipping.

§ 2. The Maritime Insurance Agreement may also be covered by the dangers to which the subject of insurance is subject to the transport of an air, in inland waterways or on land.

§ 3. The provisions on maritime insurance shall apply mutatis mutandis to the insurance of ships under construction.

Article 293. [ Subject of maritime insurance] § 1. The subject of maritime insurance may be any property of property connected with maritime shipping and which can be assessed in money.

§ 2. The subject of maritime insurance may be in particular: ship, cargo, freight, passenger transport fee, charter fee, expected profit on the cargo, commission, expenses of failure of the common, civil liability liability and the claim secured on board, cargo or freight.

Article 294. [ Obligations of the insurer] § 1. The insurer is obliged upon request to issue to the person with whom he has entered into an insurance contract (the policyholder), the policy stating that the insurance contract has been concluded.

§ 2. Prior to the release of the policy, the insurer is obliged to issue an interim document stating the conclusion of the contract to the policyholder at his/her request.

Article 295. [ Polisa] § 1. The policy should include:

1) the designation of the insurer;

2) marking the subject of insurance;

3) an indication of the dangers covered by the insurance contract;

4) determination of the time or travel for which the insurance contract has been concluded;

5) the sum of the insurance;

6) the place and date of the issue of the policy;

7) signature of the insurer.

§ 2. The policy may be exposed to a particular policyholder (registered policy), commissioned or bearer.

Article 296. [ Agreement for a third party] § 1. The maritime insurance contract may be concluded for the benefit of a third party (the insured person).

§ 2. The insured may not be specified in the insurance contract (insurance for the benefit of whom it applies).

§ 3. In the event of the conclusion of a maritime insurance contract for the benefit of a third party, the right to require the policy holder to issue the policy shall be entitled to the policyholder. As long as the policy is in his possession, he may dispose of the rights deriving from the contract.

§ 4. The insurer's obligations arising from the performance of the insurance contract shall pass to the insured person at the time of the issue of the policy; however, this shall not apply to the obligation to pay the insurance premium.

Article 297. [ Contract Validity] § 1. The maritime insurance contract is void if, at the time of conclusion of the contract, the insurance injury has already taken place or there is no possibility for it to be established; however, the insurer shall retain the right to the ornate fee, unless the contract is aware of the circumstances causing it to be invalid.

§ 2. Paragraph 1 does not apply if the insurance covered the period prior to the conclusion of the contract, unless the state of affairs was known to both parties at the time of conclusion of the contract; if at the moment the state of affairs was known only to one of the parties, the contract does not bind Unwittingly.

§ 3. The amount of the ornate fee is the contract

Article 298. [ Withdrawal from contract] The insurer may withdraw from the contract at any time until the insecurity provided for in the contract has commenced; however, it is mandatory to pay a stormy fee.

Article 299. [ Claims redress] Claims under the contract of a maritime insurance contract expire 5 years from the date of the requirement of the claim.

Chapter 2

Insurance value and sum of insurance

Article 300. [ Insurance value] § 1. The value of the insurance is the normal value of the insurance

§ 2 The value of insurance shall be determined according to the following rules:

1) the value of the ship's insurance is the value of the vessel at the time of commencation of insurance; this value includes also, if the contract does not provide otherwise, the value of its affiliation, the items of the ship's supply, and the cost of

2) the value of the cargo insurance is the value of the cargo at the place and the time of loading including the cost of insurance and delivery of the cargo to the destination;

3) the value of the freight insurance is the sum of gross freight including the cost of insurance;

4) the value of the insurance of other items of insurance, with the exception of liability for civil liability, shall be the amount at which the loss is exposed to the policyholder at the time of commencement of insurance, including the cost of insurance.

Article 301. [ Value of taxonated] If the parties listed in the insurance contract the value of the insurance (the value otasted), it is a measure for determining the insurance compensation.

Article 302. [ Sum of insurance] § 1. The insurance contract should specify the sum to which the subject of insurance is insured (the sum of the insurance).

§ 2. The sum of insurance should not exceed the value of the insurance.

§ 3. If the sum of insurance specified in the contract is higher than the value of the insurance, the contract has no legal effect as to the excess sum over the value of the insurance.

§ 4. If the sum of insurance specified in the contract is lower than the value of the insurance, the insurer is liable for damages in relation to the amount in which the sum of the insurance is still.

Article 303. [ Multiple insurance] § 1. If the insured has been insured against the same period of insecurity for the same period in two or more insurers for the sum total of the insurance, or for other reasons, the sum of the indemnities which he/she is entitled to would be separate from each of these insurers, would exceed the countervailable damage (multiple insurance), the policyholder may require each of these insurers to pay compensation in accordance with the contract concluded with him, however, he may not receive a total compensation from them in excess of the damage.

§ 2. In mutual relations between insurers, the participation in the compensation of each of them shall be determined in proportion between the compensation which it would have to pay if it were the sole insurer and the sum of the compensation to be borne by the insurer. of each of these insurers, in accordance with the contract concluded.

§ 3. In the event of a deliberate conclusion of multiple insurers, the policyholders concerned should immediately inform the insurers concerned without delay informing them of the content of the insurance contracts concluded. A deliberate breach of this obligation by the policyholder deprives him of the right to compensation.

Chapter 3

Statements in the conclusion of insurance contracts

Article 304. [ Obligation to inform the insurer] § 1. When concluding a maritime insurance contract, the policyholder is obliged to inform the insurer any circumstances that are or should be known to him, and may have an impact on the assessment of the dangers and the decisions of the insurer of reception and insurance conditions.

§ 2. The obligation laid down in § 1 does not apply to the circumstances commonly known and the circumstances which should be known to the insurer.

§ 3. If the policyholder acted by a representative, the obligation laid down in Paragraph 1 of the pregnancy also on the representative shall also cover the circumstances of the person known to him.

§ 4. In the conclusion of a maritime insurance contract for a third party, the obligation laid down in the preceding paragraphs shall lie with both the policyholder and the insured person, unless the insured person is not aware of the conclusion of the contract in respect of his or her behalf.

Article 305. [ Breach of the obligation to inform] § 1. In the event of breach of the obligation laid down in Article 304 the insurer may withdraw from the contract, maintaining the right to a full insurance premium.

§ 2. If the insurer's notification of the circumstances referred to in Article 2 is not notified or does not comply with reality. 304 has been made without the fault of the policyholder or the insured person, the insurer may not withdraw from the contract, but has the right to an appropriately increased insurance premium.

§ 3. The right of withdrawal shall lapse if the insurer does not benefit from it within seven days from the date on which he learned of the circumstances justifying the right of withdrawal.

Chapter 4

Transfer of rights from the insurance contract

Article 306. [ Transfer of rights from insurance contract] § 1. The rights of the insurance contract may be transferred only to the purchaser of the subject of insurance.

§ 2. If the rights of the insurance contract have not been transferred to the purchaser of the subject of insurance, the insurance contract resolves, which does not release the insurer from liability for damages arising before the divestment of the subject of insurance.

Article 307. [ Transition of duties] § 1. At the same time, the transfer of rights from the insurance contract to the purchaser shall pass on to him the obligations which have been on the transferee.

§ 2. The Insurer may defy the purchaser of charges which he or she would be entitled to do with the insurance contract against the seller.

Article 308. [ Move Policy] § 1. The transfer of rights from the insurance contract of the concluded policy shall be carried out by the transfer of the policy.

§ 2. The transfer of bills of lading shall apply mutatis mutandis to the transfer of the policy.

Article 309. [ Ship insurance] § 1. If the subject of insurance is the ship, the transfer of rights from the insurance contract to his buyer requires the consent of the insurer.

§ 2. If the ship was in the journey at the time of the sale and the rights of the insurance contract did not pass to the purchaser of the ship, the contract remains in force until the ship's berth in the first port to which the ship has wrapped up.

Article 310. [ Transfer of claims in accordance with the provisions of civil law] The provisions of Article 4 306-309 do not limit the right of the policyholder to transfer the receivables from the insurance contract in accordance with the provisions of civil law on the transfer of receivables; this also applies to future claims.

Chapter 5

General insurance

Article 311. [ General insurance contract] § 1. A general insurance contract may cover all or some of the types of cargo that the policyholder will send or receive within a specified period of time.

§ 2. The subject of general insurance may also be another property interest.

§ 3. In general insurance, the insurer shall be required to issue a policy or a certificate of insurance for each declared cargo or other separate subject of insurance at the request of the policyholder.

Article 312. [ Obligation to inform the insurer] § 1. The policyholder who has entered into a general insurance contract is obliged to report to the insurer any dispatch or arrival of the cargo covered by the contract immediately upon receipt of the message of dispatch or arrival of the cargo, and shall specify each time each time the cargo is sent or arrives. ship, travel itinerance, cargo and sum of insurance.

If the policyholder deliberately or negligently fails to comply with the obligation laid down in paragraph 1, the insurer may withdraw from the contract by retaining the right to the insurance premiums which he would have been entitled to do in the event of due exercise. the contract by the policyholder.

§ 3. The right of withdrawal shall lapse if the insurer has not made use of it within 3 days from the date on which he learned of the breach of duty by the policyholder.

§ 4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to general insurance which is subject to different interests of property than the charge.

Article 313. [ Termination of the Agreement] A general insurance contract may be terminated by either party in accordance with a three-month period.

SECTION II

Execution of the insurance contract

Chapter 1

Obligations of the policyholder

Article 314. [ Obligation to pay the contribution] § 1. The insurance premium should be paid immediately after the conclusion of the contract, and if the policy has been issued, at the same time as the policy has been issued.

§ 2. The obligation to pay the insurance premium of the pregnancy to the policyholder.

Article 315. [ Obligation to inform about changes] § 1. The insurer shall be obliged to report to the insurer immediately after the message has been taken, any significant change in the danger to which the subject of insurance is subject.

§ 2. The Insurer may withdraw from the contract if the policyholder without a reasonable cause delays the notice of the change of danger. The right to the insurer may take place within 7 days from the date on which the insurer learned that the insurer had committed the delay.

Article 316. [ Withdrawal from contract] § 1. If the insecurity change was caused by the policyholder or with his/her consent, the insurer may cancel the contract or demand payment of the additional premium for the increased danger, unless the dangers were made in the the common interest of the insurer and the policyholder, or in order to save human life.

2. In the case of insurance for travel, the right referred to in paragraph 1 shall be entitled to the insurer, and in particular:

1. if the commencement or termination of the journey is immediately due to the insurer;

2) if you have made a different journey instead of a journey marked in the insurance contract;

(3) if the vessel has been assigned to a port other than that provided for in the insurance contract;

(4) if the ship descend from the appropriate route or entered into a port which was not taken into account, unless the descent was due to circumstances beyond the control of the shipowner or the master, or in order to save human life or property or was necessary for the safety of the ship.

§ 3. If the insecurity change occurred without the consent of the policyholder, the insurance contract remains in force, however the insurer may demand payment of the additional premium for the increased danger.

Article 317. [ Exercise of the right of withdrawal] § 1. If the insurer exercises the right of withdrawal from the contract as a result of the change of danger, he should inform the policyholder of his decision within three days of the date on which he learned of the change of danger; in the absence of such a the notification may only request the payment of an additional premium for an increased risk.

§ 2. The insurer, who has departed from the contract due to the change of danger, shall retain the right to the entire appointment, and shall be liable only for damages arising before the change of danger.

Article 318. [ Information on accidents] § 1. The insurer shall immediately notify the insurer of any accident concerning the subject of insurance, if the accident can constitute the basis for a claim for damages from the insurance contract.

§ 2. In the event of a breach by the policyholder of the obligation laid down in paragraph 1, the insurer may deduct from the insurance compensation the amount by which the insurer would have been reduced if the insurer had been duly notified thereof.

Article 319. [ Proceedings in case of an accident] § 1. In the event of an accident which causes damage to the policyholder, it is obligatory to apply all reasonable measures available to him to save the object of the insurance and to prevent or reduce damage to the insurance, as well as to safeguard the damage caused by the accident. compensation claims against those responsible for the damage.

§ 2. The security shall be guided by the instructions of the insurer if it has been received by the insurance provider.

§ 3. If the policyholder deliberately or by gross negligence has not applied the measures referred to in paragraph 1, the insurer shall be free of liability for any damages arising out of that reason.

Chapter 2

Liability of the insurer

Article 320. [ Liability of the insurer] Subject to the exceptions provided for in the Maritime Code, the insurer shall be liable for damage which is a direct consequence of the dangers covered by the insurance contract.

Article 321. [ Liability Rules] § 1. The insurer is not liable for any damage resulting from the intentional or gross negligence of the policyholder, but the insurer is liable for the damage caused by negligence or the nautical error of the insurer being the captain of the vessel covered insurance.

§ 2. The insurer is liable for damage caused by the fault of the captain, another member of the crew or the pilot.

Article 322. [ Exclusion of liability for ship insurer] § 1. In the insurance of the ship, the insurer shall not be liable for any damage caused by:

1) embarkation on the voyage of the ship unfit for navigation, unfit equipped and stocked, with insufficient crew or without the necessary documents, unless the deficiencies were the defects of the hidden vessel or were due to circumstances which did not may have been prevented despite the exercise of due diligence by the policyholder;

2) the age or consumption of the vessel;

3) to be loaded onto the ship-for the knowledge of the policyholder, and without the knowledge of the insurer-materials and objects of explosive, easily inflamed or other dangerous goods, without the conduct of the regulations applicable to the carriage of this kind of cargo.

§ 2. The provision of § 1 shall apply mutatis mutandis to the insurance of freight.

Article 323. [ Collision of ships] In the event of a ship collision, the insurer shall be liable for the insurance of the ship both for the damage to the insurance and for the insurer to compensate for the damage caused by the collision to third parties.

Article 324. [ Payload insurance and expected profit] In the case of the insurance of the cargo or the expected profit, the insurer shall not be liable for damage caused by a defect in the concealment, natural characteristic or defective cargo, or the inadequacy of the packaging of the cargo, or as a result of delay in delivery.

Article 325. [ Responsibility limits] § 1. The insurer is liable for any damage from any accident covered by the insurance to the amount of the insurance.

§ 2. For damages resulting from a number of consecutive accidents covered by insurance, the insurer is liable pursuant to § 1, even if the total amount of the damage exceeds the sum of the insurance.

§ 3. If, after a partial damage to the subject of the insurance, its total loss, for which the insurer is liable, the indemnity for partial damage to the policyholder shall be limited to the expenditure incurred by the insurer on the the repair of the subject matter of the insurance or in connection with the damage.

§ 4. In the event of a ship collision, the insurer is obliged to pay the insurer for the loss or damage of the ship and the indemnification of the indemnity for the liability for the collision, even if the total compensation is paid. exceeds the sum of the insurance.

Article 326. [ Obligation to pay compensation] The insurer is obliged to pay the insurance compensation, even if the loss of the insured person is obliged to repair the third party.

Article 327. [ Reimbursement of expenditure on prevention of injury] § 1. The insurer is obliged to return to the policyholder all necessary and expedient expenses incurred in order to preserve the subject of insurance, to prevent or reduce its size, to determine the nature and extent of the damage, to draw up the dividers, the sale of the subject matter of the insurance and other expenses incurred in accordance with the insurer's guidance.

§ 2. The reimbursement of the expenses listed in § 1 shall be effected in the same proportion as the sum of the insurance remains in the value of the insurance. For the reimbursement of these expenses, the insurer is obliged, even if the amount of the expenditure, including the insurance compensation, exceeds the sum of the insurance.

Article 328. [ Reimbursement of expenses for restoring previous state] § 1. The insurer is obliged to reimbursing the insurer of expenses incurred on restoring the damaged object to the previous state or to repair the damaged subject of the insurance, as well as the remuneration due from him for the rescue and the participation in losses common failure.

§ 2. The reimbursement of the expenses listed in § 1 shall be effected in the same proportion as the sum of the insurance remains in the value of the insurance. For the reimbursement of these expenses, the insurer shall be obliged within the limits in which the expenditure, including the insurance compensation, does not exceed the sum of the insurance.

Article 329. [ Payment Of Full Sum Insured] § 1. In the event of an accident covered by the insurance cover, the insurer may, by payment of the full sum of the insurance, regardless of the amount of the injury resulting from the insurance contract, relieve itself of any further obligations arising out of the insurance contract, in particular from the obligation to refund the cost of maintaining the subject of insurance or to restore it to the previous

§ 2. The Safer may delete the insurer with a reasonable period of time to make a statement on whether or not he/she enjoys the power provided for in § 1.

§ 3. In addition to the payment of the full amount of insurance, the insurer is required to reimbursing the insurer in accordance with the Article. 327 expenditure which the policyholder has incurred or pledged to incur until a notification from the insurer is received that he/she benefits from the entitlement provided for in § 1.

§ 4. The insurer, who has paid the full sum of the insurance, may not be required to transfer the rights to the subject of the insurance.

Chapter 3

Abandon the subject of insurance

Article 330. [ Abandon] § 1. The insurer may be relying on the benefit of the insurer for the subject of insurance (abandon) to demand payment of the full sum of insurance, if there are grounds for admission that the total loss of the subject of insurance is inevitable or that preventing it would result in expenses not commensurated with the value of the insurance subject.

§ 2. In particular, the abandon may be reported if the ship: is missing without news, has been taken as a loot or has been taken away by marine torches, or has been caused by an accident which has become unfit for repair or not for repair or recovery.

§ 3. The provision of § 2 shall apply mutatis mutandis to the load which may be reported in addition if the cost of the repair or delivery to the destination would exceed its value at the place of destination.

Article 331. [ Submission of abandon] § 1. The policyholder should report the abandon in writing with the circumstances justifying the abandon.

§ 2. The declaration of abandonments may take place no later than six months from the date on which the policyholder learned of the circumstances justifying the abandonments.

§ 3. In the event that the ship or cargo is prohibited as a loot, taken away by the guts of the sea or the loss of possession of the ship or cargo for other reasons, the abandon may not be notified before the expiry of two months from the date of receipt by the policyholder the news of these circumstances. In these cases, the six-month period for the declaration of abandonomy shall run from the date on which the period of 2 months has elapsed.

§ 4. In the event of disappearance without news of the vessel or of the cargo held on it, the date for the declaration of abandonments shall run from the date on which the vessel was expected in the nearest port to which it has been directed.

§ 5. If the ship is considered missing without news, in accordance with the provisions of art. 32, a ship and carried on it, and unsalvaged cargo is considered to be completely lost, and the insurer can claim compensation from the insurer for a total loss without reporting the abandonment.

Article 332. [ Obligation to inform the insurer] § 1. The insurer is obliged to notify the insurer on the subject of the insurance of rights in rem and of the other insurance, and of any limitations known to him on the subject of the notification of the contract. the compulsory insurance scheme.

§ 2. The Insurer may make the acceptance of the abandonance conditional upon the provision of data relating to the circumstances listed in § 1.

Article 333. [ Acceptance of abandonstruction] § 1. The insurer may refuse to accept abandonance if the declaration of abandonance does not conform to the requirements laid down in the preceding Articles.

§ 2. The Insurer shall not refuse to accept the abandonance after 30 days after receipt of the declaration of abandonance.

Article 334. [ Transition to Insurer's Rights] § 1. The right to the subject of the insurance shall pass to the insurer as soon as he has made a declaration that he is accepting the abandon.

§ 2. If the insurer within the period specified in Art. 333 § 2 does not make a statement, whether it accepts the abandon, the rights to the subject of insurance pass on to it with the expiry of that term.

Article 335. [ Retention of the right to compensation] The policyholder whose declaration of abandonment does not comply with the requirements laid down in the preceding Articles shall retain the right to insurance compensation after proof of damage actually incurred.

Chapter 4

Payment of insurance compensation

Article 336. [ Conditions for payment of compensation] § 1. In the event of a loss of damage covered by the insurance, the insurer may require the policyholder to give him any message and to provide the documents and other evidence necessary to determine the circumstances of the accident, the damage and its size.

§ 2. The Insurer may make the payment of insurance compensation conditional upon the return of the policy, unless the policy was imitated.

Article 337. [ Transition to Insurer's Rights] § 1. At the time of payment of the insurance compensation, they pass on to the insurer-up to the amount of the sum paid by him-any rights of the policyholder to third parties for the damage suffered, for which compensation has been paid insurance.

§ 2. The Safer shall be obliged to provide the insurer with all messages and documents and to carry out the activities necessary for an effective investigation of the rights by the insurer.

§ 3. A waiver by the policyholder without the consent of the insurer of the rights of third parties for the damage suffered shall be released by the insurer in an appropriate relation to the obligation to pay the insurance compensation.

Article 338. [ Payment Of Full Sum Insured] Subject to the exception provided for in Article 329 § 4, the insurer who has paid the insurance compensation for the total loss in the amount of the full sum of the insurance, may require the policyholder to transfer to him any rights to the subject of insurance; if, however, the sum of the insurance was lower than the value of the insurance, the insurer may demand the transfer of rights only in an appropriate ratio.

Title IX

Proceedings in matters relating to the limitation of liability for maritime claims and the investigation of claims for damage caused by pollution by ships

SECTION I

Procedure for the establishment and distribution of the fund of limitation of liability for maritime claims

Article 339. [ Proceedings for the establishment and division of the Fund for the limitation of liability for maritime claims] § 1. Proceedings in matters of establishment and division of the fund of limitation of liability for maritime claims, hereinafter referred to as the "Fund", shall be subject to the provisions of the Code of Civil Procedure of the Non-procedural Proceedings, with amendments resulting from the provisions this chapter and the Convention on Limitability of Liability.

§ 2. In the cases listed in § 1 only the competent District Court in Gdańsk is competent.

Article 340. [ Application for the initiation of a proceeding] § 1. An application for the initiation of a proceeding may be notified by the person entitled to limit the liability. Proceedings instituted at the request of persons who may rely on the same limitation of liability of the court shall be joined to the common sense of the proceedings. One application may request the establishment of two funds relating to claims from the same event (Art. 6 and 7 of the Convention on Limitability of Liability).

§ 2. The application shall comply with the general conditions of the application for the initiation of proceedings and, in addition, shall include:

1) the name of the vessel with which the responsibility, its home port, and the applicant's relationship with the vessel are associated;

2) determine the event from which the claims result, and information on the proceedings to determine the course of the event;

3) determination of the nature of the claims and creditors on which settlement of the fund is to be intended, and information about known claimants of the claims already being brought to the court;

4) a statement on the readiness of the establishment of the fund, the justification of its amount, as well as the determination of the way

§ 3. The application shall be accompanied by an extract from the ship's register, including data affecting the amount of the fund.

Article 341. [ Establishment of the Fund] § 1. The Fund may be constituted by the payment of an appropriate amount of money for an interest-bearing bank account of which the court is entitled, or by a security court accepted by the court or by a bank or an insurance undertaking, which has the right to pay the amount of the amount of the established in the Republic of Poland.

§ 2. In accordance with the application of the participants in the proceedings, the court may consider as sufficient other means of securing the payment of that amount.

Article 342. [ Preliminary provision] § 1. After the hearing, the court shall issue a preliminary order on the right to establish the fund, specifying its amount and the manner in which it is established, and the time limits for the payment of sums or the deposit of the security documents in a certain manner.

§ 2. If there are circumstances which exclude the establishment of the fund, the court will refuse to establish it. In the event of a dispute as to those circumstances, the court may stay the proceedings until the settlement of the dispute is resolved through a process.

§ 3. At the request of the applicant, the court may, in order to secure it, rule on the cessation of executions carried out to satisfy the claim covered by the fund.

§ 4. An appeal shall be entitled to an initial order for the establishment of a fund or to refuse to establish a fund. The decision on the cessation of executions shall be entitled to a complaint.

Article 343. [ The establishment of the Fund] § 1. After the applicant has fulfilled the obligations laid down in the provision on the basis of Article 4 (1). In accordance with the procedure laid down in Article 342 (1), or in the event of failure to fulfil those obligations within the time limit laid down in that provision, the court shall, after the hearing, issue a decision to establish the fund and take action or refuse to set up a fund.

(2) A decision on the establishment of a fund and the taking up of a parcel or a refusal to set up a fund shall be entitled to appeal.

§ 3. As soon as the provisions on the establishment of the Fund have been legitised, and the opening of a parcel procedure is followed, the effects which the law on the establishment of the Fund may be linked to the establishment of the fund (Art 13 Convention on Limitability of Liability).

§ 4. After the decision to refuse to set up a fund has been granted, the court shall give a decision on the repayment of the sums or securities lodged by the applicant for the benefit of the fund and shall repeal the provision of that fund on the basis of the provisions of 342 § 3.

Article 344. [ Appointment of an expert-commissioner] § 1. After the provisions on the establishment of the Fund have been approved and the court proceedings have been taken, the court shall, after hearing the participants, appoint an expert-commissioner from among those who have qualified qualifications. The expert-commissioner may also be a legal person.

§ 2. The obligation of the expert-commissioner is to prepare the draft of the list of claims and the plan of division of the fund and the written justification of these documents.

§ 3. The expert-commissioner shall apply the provisions of the Code of Civil Procedure to the expert. He is, however, authorised to serve, for the purposes of receipt, by registered letters or through court, to the participants in the proceedings, to enter them in the same manner in order to make the necessary explanations and statements in writing and to make them known. logging. If it is necessary to establish the circumstances that are between the contestants at the request of the expert-commissioner, the court will carry out the appropriate evidence.

§ 4. The court may entrust the expert to the commissioner with the management of the sums from which the fund was established. Accordingly, the provisions on the management of immovable property in enforcement proceedings shall apply to the Management Board. The income from the board of the fund is added to it.

§ 5. In the event of disclosure, in the course of preparation of the draft of the list of claims and the plan of distribution of the fund, the dispute between the participants as to the existence or the amount of the claimed claim, the court after the hearing may rule on the referral the participant concerned for the course of the process and of the exclusion in the plan of the allocation of the sum needed to satisfy the claim after the settlement of the dispute.

Article 345. [ Announcement of the establishment of the Fund] § 1. The General Court shall manage the publication of information on the establishment of the Fund and the opening of the operating procedure and shall invite those concerned to submit their claims within six months of the publication of the call. The request shall include an instruction on the effects of non-declaration of the claim within the time limit.

§ 2. The notice should be published in a letter appearing at the seat of the court and in a journal of nationwide coverage. It may also be communicated in other ways, adapted to the event, which forms the basis of claims.

§ 3. Where the interested in the participation in the proceedings may be, to a large extent, persons resident or established in other countries, the court shall serve the text of the notice to the diplomatic or consular representations of those persons. states in the Republic of Poland, with a request to make this announcement to the public in those states. The applicant shall bear the costs of the announcement

§ 4. The Tribunal may depart from the notice if it is clear that all creditors have already reported their claims.

§ 5. Claims not reported on time will not be included in the list of receivables and the division plan. The court shall, at the request of the applicant after the time limit, but not later than the approval of the division plan, may, for reasons of reasons justifiable, restore the time limit for notification; the provisions of 168-172 of the Code of Civil Procedure shall apply mutatis mutandis.

§ 6. The claim shall be interrupted by the limitation period. In the event of referral by the court of the person concerned to the course of the civil process, the limitation period for this claim shall run anew from the date on which the decision has been legitiated in this case.

§ 7. A creditor who shall declare his claim after the establishment of the fund may request a change of the final decision on the establishment of the fund, if this is necessary for the protection of his rights. The decision on the amendment of the court shall issue after the hearing; the order shall be appealed against.

Article 346. [ List of claims and fund allocation plan] § 1. After the deadline for notification, if he/she was appointed, the commissioner shall draw up a draft list of claims and a plan for the allocation of the fund. After preliminary examination, the court manages their service to the participants and calls upon them to report, during the month, the comments and the pleas in writing. The allocation plan shall also take into account the sum of the claims of contentious claims for which the final decision has not yet been reached.

§ 2. If the comments or allegations have not been filed, the court shall approve the list of claims and the plan of division in an implicit meeting. The court shall appoint a hearing to identify the comments submitted or the pleas in law. If necessary, the court may instruct the expert-the commissioner to amend the list of claims and the allocation plan. The approval of the revised list of claims and the allocation plan shall take place after the hearing.

§ 3. If a dispute is made about the merits or the amount of the claim included in the list of claims and the allocation plan, the court shall apply the Articles accordingly. § 5.

§ 4. The decision approving the list of receivables and the allocation plan shall be entitled to appeal. An appeal may also be lodged by a creditor who is not involved in the proceedings so far if he/she reports at the same time his claim, and there are grounds for reinstating him/her to submit a claim.

Article 347. [ Breakdown of Fund] § 1. The decision by the final decision to allocate the fund shall have the power of enforcement and shall give rise to payments from the fund; if necessary, the court shall give it a declaration of enforceability.

§ 2. The court may entrust the payment to the expert-the commissioner, who is obliged to submit a report to the court.

§ 3. The sums allocated to satisfy the claims of the contentious shall be transferred to the court. If other creditors who have not yet participated in the proceedings have been notified after the allocation plan has been entitled, and after the settlement of the claims covered by the allocation plan, the fund has not been exhausted, the court will arrange for the additional list to be drawn up. the claims and the additional allocation plan; the provision of Article 346 shall apply mutatis mutandis.

§ 4. After the termination of the proceedings, the court shall terminate the proceedings. In the order for the remission of proceedings, the court shall also decide to reimburse the applicant for the unused part of the fund; the order shall be entitled to a complaint.

Article 348. [ Remuneration of the expert-commissioner] § 1. The court admits the expert-to the commissioner an appropriate remuneration.

§ 2. In the course of the proceedings, the court may order the payment of an advance on the remuneration and expenditure of the expert-commissioner by the applicant.

Article 349. [ Reopening of proceedings] Resumption of the procedure provided for in Article 524 § 2 of the Code of Civil Procedure, is admissible only on the condition that the person concerned has not been able to participate in the proceedings without his fault.

Article 350. [ Costs of Conduct] The costs of the establishment and distribution of the fund shall be borne by the applicant. In order to cover these costs, the applicant shall pay the advance fixed by the court, irrespective of the fund being established.

SECTION II

Procedure for claims and limitation of liability for damage caused by pollution by ships

Article 351. [ Proceedings for damage caused by pollution by ships] In cases of claims for damages, pursuant to the provisions of Title VII of Chapter III, the Regional Court in Gdańsk is the only competent authority.

Article 352. [ Responsibility of the ship owner] § 1. In respect of claims made under Title VII of Chapter 2 of Chapter 2, the owner of the vessel or the person giving financial security of his or her liability may take advantage of the limitation of liability if, in the case of a fund of limitation of liability will be established, in accordance with Art. V Convention on Civil Liability.

§ 2. The owner of the vessel or the person providing financial security shall bear the costs of the process related to the investigation of the claim subject to restriction and shall be liable for interest on that claim over the limit of liability determined in accordance with the Convention liability; however, if the liability reduction fund is created by the lodging of an appropriate sum of money at the disposal of the court, the applicant shall not be liable for any interest arising after the deposit of that sum.

§ 3. To the proceedings concerning the establishment of a liability limitation fund on the basis of:

1) the Convention on Civil Liability,

2) Bunker Convention

-and the provisions of Chapter I shall apply for the division of that fund.

Article 353. [ Participation in the proceedings of the International Fund] At the request of the person forming the fund or of each of the creditors, the court will call for the International Fund to participate in the proceedings.

Article 354. [ Enforcement of decisions] § 1. Judgments given under the Civil Liability Convention shall be enforceable in the Republic of Poland, in accordance with the provisions of the Code of Civil Procedure and Council Regulation (EC) No 44/2001 of 22 December 2000. on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Dz. Urz. EC L 12 of 16.01.2001, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 19, t. 4, str. 42).

§ 2. The application for a declaration of enforceability shall be accompanied by:

1) the original of the decision or officially certified copy of the decision, and also certified in the same way the translation into Polish;

2) a statement of the competent authorities of the State of the State of the Tribunal which issued the ruling that it was issued on the basis of the Convention on Civil Liability and that it is enforceable in that State.

§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to judgments handed down under the Convention referred to in Article 3. Article 279 (1), and the Protocol of 2003.

Title X

Conflict rules

Article 355. [ Legal rights and privileges on board] § 1. (repealed).

§ 2. The rights in rem on a ship entered in a permanent vessel register shall be governed by the law of the State of that register

§ 3. (repealed).

§ 4. The right of the State in which the claim for settlement of a claim secured by the privilege is brought before the court shall apply to the privileges of the vessel and the cargo.

Article 356. [ Events outside the territory of the coastal State] Where the property of the law depends on the place of the event, the flag State shall be considered to be the place of the incident which occurred on a maritime vessel outside the territory of the coastal State.

Article 357. [ Common failure commitments] § 1. Joint failure obligations shall apply to the law in force at the place where the journey commended after the failure.

§ 2. If all interested parties in a common failure are Polish, the Polish law shall apply.

Article 358. (repealed).

Article 359. (repealed).

Article 360. [ Entry into force] The Act enters into force on time and under the rules laid down by the Law-the provisions introducing the Law-the Maritime Code.

[ 1] Article 23 (5), in the version set by the Article. 3 point 1 of the Act of 24 July 2015. to amend the Law on Maritime Safety and certain other laws (Journal of Laws of the Law of the European Union. 1320). The amendment came into force on 8 December 2015.

[ 2] On the basis of art. 8 of the Act of 21 June 2013. amending certain laws concerning the rights of passengers travelling by sea and inland waterway (Journal of Laws of the U. 1014; ost. zm.: Dz.U. z 2014 r. items 1554), art. 182a § 1a added ww. The Act will expire on 31 December 2018.

[ 3] Article 227 in the wording set by Article 227 3 point 2 of the Act of 24 July 2015. to amend the Law on Maritime Safety and certain other laws (Journal of Laws of the Law of the European Union. 1320). The amendment came into force on 8 December 2015.

[ 4] Article 229 (1) in the version set by the Article. 3 point 3 (a) a) of the Act of 24 July 2015. to amend the Law on Maritime Safety and certain other laws (Journal of Laws of the Law of the European Union. 1320). The amendment came into force on 8 December 2015.

[ 5] Article 229 § 1a added by art. 3 point 3 (a) b) of the Act of 24 July 2015. to amend the Law on Maritime Safety and certain other laws (Journal of Laws of the Law of the European Union. 1320). The amendment came into force on 8 December 2015.

[ 6] Article 229 (2), as amended by Article 2 (2), 3 point 3 (a) c) of the Act of 24 July 2015. to amend the Law on Maritime Safety and certain other laws (Journal of Laws of the Law of the European Union. 1320). The amendment came into force on 8 December 2015.