Act Of 18 September 2001 On The Code Of The Sea

Original Language Title: USTAWA z dnia 18 września 2001 r. Kodeks morski

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TITLE I General provisions Art. 1. [range] § 1. Code of the sea regulates the legal relations associated with the inland sea.

§ 2. In civil law relations related to maritime applies – in the absence of relevant provisions in the code of the sea-law.

§ 3. Labor relations on the ships, maritime safety, the prevention of pollution from ships, and other matters in the field of unregulated maritime code shall be governed by separate rules.

Article. 2. [ship] § 1. A ship is a floating device designed or used for shipping, hereinafter referred to as the "boat".

§ 2. A ship under construction is a ship whose keel was laid down on or made an equivalent construction work at the site of flooding until the completion of the construction.

Article. 3. [a sea merchant ship] § 1. Maritime Code shall apply to marine commercial vessels.

§ 2. Marine vessel is a vessel intended or used to do business and, in particular, to: cargo or passengers, sea fishing or other marine resources, tow, sea rescue, extraction property sunken in the sea, sea-bed mineral resources and resources located beneath the center of the Earth.

Article. 4. [the vessels for the purposes of scientific research] To ships used exclusively for the purposes of scientific research, sports or leisure Maritime Code shall apply with the exception of the provisions on the carriage of cargo or passengers and about the failure of the common.

Article. 5. [the vessels with a special service of the State] § 1. The ships only State service special officiating applies the code of the sea with the exception of the provisions on the carriage of cargo or passengers, about the failure of the common and on the privileges of the ship.

§ 2. To vessels performing a special State service shall include, in particular, ships: hydrographic, dozorcze, fire, telecommunications, customs, sanitary, school, pilot, vessels used solely to save lives at sea or to break the ice.

Article. 6. [the Navy Vessels, the border guard and the police] § 1. Subject to the exceptions provided for in the Act, does not apply to the Maritime Code for ships of the Navy, border guards and police.

§ 2. Maritime Code of the carriage of cargo or passengers shall not apply to shipments of military sea trading vessels, unless the parties to the contract of carriage in maritime agree otherwise.

Article. 7. [the company] Company is one who, on their own behalf, cultivates the sailing ship their own or someone else's.

Article. 8. [limitation of claims] § 1. Periods of limitation claims from the business relationship governed by the code of the sea can be extended by agreement of the parties given in writing after the occurrence of the event, from which resulted the claim.

§ 2. Provision of § 1 does not apply to claims found by a final court judgment or the judgment of the Court of arbitration, as well as settlement concluded before those courts.



TITLE II ship guns and Poland affiliation Article. 9. [Navigation under the Polish flag] § 1. Sailing under the Polish flag can grow only ship about belonging.

§ 2. (repealed) § 3. Field administration, for which the area is to be the airport of departure, may, in justified cases, allow for a specified period of time a permanent carriage between the ports of Polish by lifting vessel flag Member States other than the Member State of the European Union.

Article. 10. [the ship of the Polish membership] § 1. Ship of the Polish membership is: 1) the ship representing the Polish property, referred to in article 2. 73 § 1 and 2;

2) ship considered representing Poland, referred to in article 2. 73 § 3;

2A) the ship not in Polish property, which received the Polish membership in accordance with Regulation No (EEC) 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (OJ. EC-L 68 of 15.03.1991, as amended. d.);

3) the ship not in Polish property, which temporarily acquired Polish nationality, referred to in article 2. 13 § 1.

§ 2. The provisions of this chapter relating to the ship which is the Polish ownership shall apply to ships that are considered to constitute the Polish property.

Article. 11. [obligation to raise the Polish flag] § 1. The ship of the Polish membership is obliged to raise the Polish flag.

§ 2. The competent Minister in charge of Maritime Affairs may, by regulation, exempt certain types of vessels of the Polish membership from the obligation to raise the flag. The exemption does not may be ships in inland beyond the territory of the Republic of Poland.

Article. 12. [Determination] § 1. The ship of the Polish membership shall be the name on the bow, with each side and stern. Under the name on the stern should be exposed name of the home port of the vessel.

§ 2. The owner gives the ship name and indicates the port as the home port of the vessel. The name shall be subject to approval by the Director of the maritime authority applicable to the home port of the vessel by way of an administrative decision, subject to § 2a.

§ 2a. The name of the ship used for sports or leisure purposes only to 24 m hull length shall be subject to approval, by way of an administrative decision, by the Board of the Polish sport therefore referred to in art. 23 § 3.

§ 3. The competent Minister of maritime economy shall determine, by regulation, procedures on matters of broadcasting and the approval of the name of the ship, having regard to the need for its individuality.

§ 4. The competent Minister in charge of Maritime Affairs may specify, by regulation, other than indicated in § 1 how to mark certain vessels, with a view to their type, purpose and type of shipping.

Article. 13. [Obtaining Polish membership of time] § 1. The ship that the Polish ownership can get Polish membership of a specified period of time if the applicant including will meet the following requirements: 1) is a legal person with a registered office in the Republic of Poland or branch or is a natural person resident in the Republic of Poland or in the Republic of Poland branch;

2) will present a rental agreement or lease a vessel or another agreement, on the basis of which will be able to enjoy a sailing ship on its own behalf;

3) agrees that it will carry out the activities of armatorską in the Republic of Poland;

4) will submit an officially certified copy or extract from the permanent register of shipping, that contains the description of the vessel, the owner, and other data from the registry, and in particular entered lien and limitations in the management of the ship;

5) shall present the written consent of the competent authorities of the Member State of a permanent register of shipping, the owner of the ship and all creditors of the mortgage to the ship of the Polish membership and to ensure that the competent authorities of the Member State of the standing ship registry, that during the period of Polish membership of the ship will not be entitled to fly the flag of that State;

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

§ 2. The ship that the Polish property obtains the time Poland membership by entry in the register, on the basis of the provisions of the Maritime Chamber stating the period of affiliation.

Article. 14. [subject to Polish law] the company leading in the Republic of Poland on business through a branch shall be subject, in respect of matters relating to the practice of shipping by boat, who won the Polish time membership, Polish law and the jurisdiction of the courts of Polish to the extent that it is subject to the person having his habitual residence in the Republic of Poland.

Article. 15. [obligations of the company] Company, which the vessel has been temporarily Polish nationality, is obliged to fill the vessel crew in accordance with Polish regulations and ship Polish provisions, in particular with regard to: measurement, maritime safety, the vessel's documents and the protection of the environment.

Article. 16. [change name] the name of the vessel, which was the time the Polish nationality, may be amended only with the consent of the competent authorities of the Member States of the standing ship registry and its owner and mortgage creditors.

Article. 17. [the temporary Loss of belonging] § 1. The ship that the Polish property loses time obtained Polish nationality if: 1) no longer met any of the requirements referred to in article 1. 13 § 1;

2) period for which he obtained the membership of, and this period will not be extended;

3) raises is the shipowner;

4) the shipowner does not comply with the provisions of this chapter;

5) will be released decision pursuant to art. 18. § 2. The loss by the time ship Polish membership, followed by the date of deletion of the ship from the Polish shipping registry, based on the provisions of the Chamber.


Article. 18. [the decision on the temporary membership of] the competent Minister in charge of Maritime Affairs could issue a decision on the temporary loss of Polish membership of the vessel, if required by the interests of the Member States and, in particular, the interest of the Polish economy. For the same reasons, the competent minister in charge of Maritime Affairs may issue a decision to the time ship objecting Polish membership.

Article. 19. [suspension of Polish membership] § 1. Poland affiliation which is Polish ownership may be suspended at the request of the owner.

§ 2. The owner of the vessel indicates in the application period of suspension, the register in which the vessel will be entered, and the written consent of the creditors of the mortgage on the suspension of the Polish membership of the ship.

§ 3. The order to suspend it seems the Board, in determining the duration of the stay.

§ 4. An entry stating the suspension becomes effective from the date of notification of the Chamber of marine by the owner of the ship with the foreign ship belonging.

§ 5. During the period of suspension of Polish membership of the ship may not raise the Polish flag.

Article. 20. [change of name during the suspension period] the name of the vessel which is Poland, which Polish membership has been suspended, cannot be changed during the period of suspension without the consent of its owner, and the creditors of the mortgage. The base of such a vessel should be port of the Member State of temporary membership of the ship.

Article. 21. [termination of the suspension of the Polish membership] § 1. The suspension of the Polish membership of the ship which is the Polish ownership continues after the expiry of a 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 vessel temporary membership of a foreign country, subject to § 2.

§ 2. The competent Minister in charge of Maritime Affairs may, on grounds referred to in article 1. 18, issue a decision on termination of the suspension of the Polish membership of ship or objecting to the suspension.

§ 3. Termination of suspension of Polish membership of the ship which is the Polish property, followed by the date of the deletion in the steady ship registry entry of the suspension, on the basis of the provisions of the Chamber.

Article. 22. [permanent records of the ship] Whenever in the provisions of this chapter speaks of a permanent registry of a ship, means the register kept in the State to which the membership has been suspended, in which is the owner of the vessel and the rights of lien and the constraints in the management of the ship.



DIVISION II record of marine Art. 23. [Record-Book] § 1. The ship which is the Polish ownership shall be subject to entry in the Polish registry book kept by the sea for the home port of the ship, subject to § 2 and 3.

§ 2. The competent Minister of maritime economy shall determine, by regulation, the types of vessels constituting the Polish property not subject to entry in the register book. The exemption does not may be ships in inland beyond the territory of the Republic of Poland.

§ 3. Sea-going vessel which is Polish, used for sports or leisure purposes only, to 24 m hull length, is subject to entry in the Polish yacht registry kept by the Polish Sports Association, referred to in the Act of June 25, 2010 about sports (OJ of 2014.715 and 2015.1321).

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

§ 5. The ship, as referred to in article. 73, be entered in the register book at the request of the owner or all owners and, in the case of ships changing affiliation with foreign, about 24 metres in length and above, in addition, upon presentation of the decision of the Director of the maritime authority meet the technical conditions required to obtain entry to the registry.

§ 6. Vessel built in the Republic of Poland may be entered in the register, if is was his keel or peer-to-peer design work has been made in launching site. This also applies to the vessel in the construction of non-Polish. The ship's log of the ship under construction leads the Board of the sea proper for the place of construction of the ship.

Article. 24. [Ships forming the Polish title] § 1. The ship that the Polish or nieuważany for representing the Polish ownership be entered in the register, at the request of the company, after satisfying the requirements referred to in article 1. 13 § 1 and the presentation of the decision of the Director of the maritime authority meet the technical conditions required for entry in the register, subject to paragraph 2.

§ 2. The registers referred to in article 1. 23, may be entered a vessel owned by a national of a Member State of the European Union or a legal person established in a Member State of the European Union, subject to article 22. 73A. § 3. Ship's registry of ships, referred to in § 1, leading maritime for the Polish port Chamber designated by the company as the home port of the vessel.

Article. 25. [the registry Form] Register-book consists of registry books carried out separately for the ships: 1) forming the Polish ownership and which are considered to constitute the Polish property (register);

2) which have received temporary Polish membership (temporary);

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

Article. 26. [Registration Fees] § 1. Registration for actions referred to in article 1. 23 § 1, registration fees, which are revenue of the State budget, while the fees for the activities referred to in article 1. 23 § 3, are income properly Polish sport therefore leading yacht register.

§ 2. The competent Minister of maritime economy shall determine, by regulation, the manner and mode of conducting Polish register of yachts, the pattern of the registration document and the registration fee, taking into account the provisions of article 2 respectively. 29 of the Act and of the principle of proportionality of fees.

Article. 27. [Entry of the foreign ship registry] § 1. The ship entered in the register of permanent overseas can be entered in the register in the Republic of Poland only after deletion from the registry.

§ 2. The ship entered in the register of the standing abroad can be registered in the temporary register in the Republic of Poland only after the suspension of its existing membership.

§ 3. Entry in the register of a foreign ship which is Polish ownership or vessel considered to be representing the Polish property does not produce legal effects before the deletion of the ship from the Polish shipping registry.

§ 4. Time to give the ship referred to in § 3, foreign affiliations not legal effect before the Polish registry book entry suspending Polish membership.

Article. 28. [the principle of openness] Records referred to in article 1. 23 and 39 § 1 are open to the public. The persons concerned may require certified lifts and copies of records.

Article. 29. [data entered in the register] § 1. Fixed registry shall be entered: 1) running registration number of the vessel and the date of the entry;

2) the name or identification mark and identification number given by the International Maritime Organization, the international call sign and the nature and purpose of the vessel;

3) previous name or identification and data relating to the previous registry and the date the deletion from the register;

4) the name of the home port of the vessel;

5) year, construction site and the name of the yard, if these data are known, and the determination of the main fabric of the hull of the vessel and type of propulsion;

6) dimensions (registration) and the capacity of the vessel;

7) designation and address of the owner or all co-owners of the ship from the identifying of their shares in the ownership of and the basis for the acquisition of ownership of a vessel;

8) designation and address of the shipowner;

9) mortgage and constraints in the management of the ship;

10) by the sea of Polish membership of the ship;

11) statement by the sea to suspend the Polish membership of the ship;

12) and the date of deletion of the ship from the registry.

§ 2. The temporary registry, in addition to the data referred to in § 1 paragraphs 1 to 8, 10 and 12, is part of: 1) the previous membership of the ship and the date of its suspension;

2) the period for which the vessel has been Poland's membership;

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

§ 3. In the registry of ships under construction shall be entered: 1) running registration number of the vessel under construction, and the date of the entry;

2) identification of the ship under construction;

3) name of the ship building yard;

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

5) the designation of the contract for the construction of the ship;

6) mortgage.

§ 4. Any change to the data in the register book shall be subject to the entry.

Article. 30. [Entry to the registry book] § 1. Entry in the register book is based on the Declaration, unless the law provides for the entry in the request or of its own motion.

§ 2. To report changes subject to entry in respect of ships which are Polish property and ships which are considered to constitute the Polish property, registered, is obliged to the owner of the vessel.


Article. 31. [Deletion from the registry] § 1. Shall be deleted from the registry book a vessel which: 1) sank or was destroyed;

2) disappeared;

3) lost the Polish nationality;

4) has lost the character of a sea-going vessel.

§ 1a. From the registry, on a proposal from the Director of the maritime authority applicable to the home port of the ship, you can plot a ship, which in the past 24 months was twice stopped by port State inspections for reasons attributable to the owner, the master or the crew of the ship.

§ 2. In the cases referred to in § 1 and 1a of the cancellation of the ship from the registry book requires the consent of the creditor mortgage expressed in writing.

§ 3. Shall be deleted from the register of ships under construction ship that: 1) was destroyed during the construction or of which the construction has been deprecated;

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

§ 4. In the cases referred to in § 3 cancellation requires the consent of the creditor, expressed in writing, unless the vessel under construction has been entered in the register in the Republic of Poland, and ciążąca on the maritime mortgage has been entered into the register of the Office.

Article. 32. [Recognition of the ship for the lost] the ship shall be deemed to be lost, if the computed double period necessary in normal conditions to move to the port of destination, from which came the last post about the ship, not he, arrived to this port or no came another message about the ship. Period required to recognize the ship lost may not be less than one month nor longer than 3 months from the date of arrival of the last message about the ship, and if the lack of news about the vessel remains in connection with the activities of war – less than 6 months.

Article. 33. [application to record book] § 1. Application to record book should be made within 6 weeks from the date on which the obligation to notification, learned about the circumstances subject to entry in the register.

§ 2. In the event of failure to ship or circumstances subject to registration in a register book Chamber of marine may, by decision, impose on which has the task to report a fine in the amount from 500 to 10 000 EUR to cause notification. Unpaid fines can be waived, in whole or in part, in the case of filing by which has the task.

§ 2a. The decision on the imposition of a fine referred to in paragraph 2, shall be entitled to appeal.

§ 3. If you must not make the Declaration despite the summons, the Board of the sea may, after investigation, make an entry from Office by selecting it in the warp.

Article. 34. [the application] Board of marine shall examine whether: 1) notification or application and attached documents correspond in terms of content and form of the applicable laws;

2) reported data are in accordance with the reality, if you have reasonable doubt in that regard.

Article. 35. [the effectiveness against third parties], § 1. The fact that is the subject of an entry in the register book is effective against third parties. The fact that, despite the lack of an entry in the register, is effective against third parties, when they knew about it.

§ 2. To assess the effects of an entry in the register book shall apply mutatis mutandis the provisions on the rights of the explicit from the land and mortgage register.

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

§ 2. Ship's certificate is a proof of Polish membership of the ship.

§ 3. Vessel illnesses caused abroad Polish consular office may issue a temporary certificate of Polish membership of the vessel (testimony of Bandera) valid for a period of not more than 6 months. With the issuing of a certificate Polish consular office shall notify the competent Chamber.

Article. 37. [Refund certificate] § 1. In the event of the issuance of the certificate marine vessel, which was the time the Polish nationality, a document issued to a ship by the body of his record of standing should be that authority returned. Return document, the shipowner shall notify the Board in 30 days, counting from the date of receipt of the certificate.

§ 2. In the event of suspension by the sea of Polish membership of the ship which is the Polish ownership or considered forming Polish ownership owner of the vessel is obliged to return the Chamber of marine ship's certificate within 30 days from the date of delivery of the ship the relevant document by the foreign registration authority. In the event of niezwrócenia marine certificate article 12 shall apply. 33 § 2 and § 2a.

§ 3. The Board of the sea shall notify the competent authorities of the Member State of registry of the standing of termination of temporary Polish membership of the ship.

Article. 38. [Delegation] the competent Minister of maritime economy shall determine, by regulation, the manner in which the register book and registration procedures, patterns of registered books, design certificate, the certificate of the vessel under construction and witness to Bandera, the mode of their issue and registration fees, whereas the purpose of the registry book.

Article. 39. [Ships not subject to entry in the register] § 1. The ship which is Poland, which is not subject to the obligation of an entry in the register book or Polish register of yachts and has not entered into any of these registers is to be recorded in the Office of the sea for its home port. This obligation does not apply to vessels used for sports or leisure purposes, up to 5 m, non-Nordic skiers to international shipping.

§ 2. The registration document issued by the maritime authority is a proof of Polish membership of the ship niewpisanego to the registry book.

§ 3. For the issue of the registration document maritime authority charges. The fee is the revenue of the State budget.

§ 4. The competent Minister of maritime economy shall determine, by regulation, the manner of registration of ships referred to in § 1, the registration procedure, the registration document and the determination and registration fees, having regard to the capacity and intended use of the vessel.



SECTION III the measurement of ship Articles. 40. [Measurement] § 1. Measurement of ship is to determine its gross and net capacity and dimensions of (registered).

§ 2. Measurement vessel shall be measuring authority, on the basis of the measurement certificate.

Article. 41. [Rules of measurement] § 1. For the measurement of vessels shall apply to the provisions of the International Convention on tonnage measurement of ships, drawn up in London on 23 June 1969 (OJ 1983, # 56, poz. 247), hereinafter referred to as "the Convention on tonnage measurement", together with the changes in force from the date of their entry into force for the Republic of Poland, given to the public in an appropriate manner, and the provisions of this chapter.

§ 2. The international certificate, within the meaning of the provisions of the code, the measurement certificate is issued on the basis of tonnage measurement Convention or other international agreement to which the community is a party in this regard, the Republic of Poland.

Article. 42. [mandatory Measurement] § 1. Mandatory measurement vessel about belonging.

§ 2. The competent Minister of maritime economy may slow down, by regulation, certain types of vessels of Polish membership of the mandatory measure. This does not apply to vessels engaged in inland beyond the territory of the Republic of Poland.

§ 3. A foreign ship belonging to the Polish port parcel, without measuring certificate referred to in article 2. 41 § 2 may be, by decision of the Director of the competent maritime authority, subject to measurement.

Article. 43. [optional Measurement] § 1. Each ship could be measured at the request of the owner, the shipowner or the master.

§ 2. Entry in the register of marine data and dimensions of the ship registered is only on the basis of the certificate of measurement issued by the Polish authority or measurement certificate measurement referred to in article 1. 41 section 2.

Article. 44. [measuring Certificate] § 1. Measurement certificate shall be issued without specifying the term of its validity, unless specific provisions stipulate otherwise.

§ 2. Measurement certificate shall cease to be valid if the ship, which has been issued: 1) will be so changed, that does not correspond to the particulars in the certificate of capacity and dimensions of the register;

2) sinks or is destroyed, lost, or will lose the character of a sea-going vessel;

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

Article. 45. [Re Measurement] Ship subject to compulsory measurement can be, in order to control, measure again.

Article. 46. [Control of a ship calling at a port of Polish] § 1. Control of a ship calling at a port of Polish under the flag of a State which is a party to the Convention on the tonnage measurement or another international agreement on mutual recognition of documents, to which the community is a party, the Republic of Poland shall be limited to check: 1) if the vessel has a valid 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 corresponds to that contained in this certificate.

§ 2. The control referred to in paragraph 1 may not result in the retention of the ship.

Article. 47. [measuring Fee] § 1. For measuring the ship gets a fee.


§ 2. There is no charge for measurement for measurement control, if the result of the measurement will prove to be compatible with the data contained in the certificate.

Article. 48. [measuring Authorities] § 1. Measuring bodies are the directors of offices.

§ 2. The task of the measuring body may be entrusted in accordance with the provisions for the safety of the sea.

Article. 49. [Delegation] the competent Minister of maritime economy shall determine, by regulation: 1) activities of the measuring body 2) the tonnage measurement, including ships, which do not apply the provisions of the Convention on tonnage measurement, 3) measurement procedure and control 4) model certificates for measurement and survey fees, taking into account the principles of international practice in this regard.



SECTION IV Documents the ship Article. 50. [the documents] § 1. The ship of the Polish membership is obliged to carry logs and have documents law provided for.

§ 2. The documents referred to in paragraph 1, required for a vessel where international shipping should include indications also in English.

Article. 51. [documentation] § 1. All the documents required for vessel should be kept on the vessel and presented on request to the authorized authorities.

§ 2. For the completeness and timeliness of the documents and the accuracy of the entries in the journal corresponds to the captain.

Article. 52. [Delegation] the competent Minister of Maritime Affairs, shall determine, by regulation, types, patterns and way of doing the logs and other documents of the vessel, taking into account the types of ships and documents on these ships, as well as specify a way to store these documents.



TITLE III of the master of the ship SECTION I General provisions Art. 53. [the captain] § 1. The captain of the ship management exercises and performs other functions specified provisions.

§ 2. All persons on board a ship shall comply with the orders of the captain issued in order to ensure safety and order on board.

Article. 54. [Statutory legitimacy of the master of the vessel] § 1. The master of the vessel is under the laws of a representative of the shipowner and cargo concerned in terms of ordinary matters connected with the performance of shipping and the ordinary management of ship and cargo. Within these limits the master may, on behalf of the shipowner and the cargo concerned made outside the home port of legal acts and replace them before the Court.

§ 2. Limitation of the legal restraints of the master made by the shipowner or the cargo concerned has the legal effect between these persons and the captain, and to third parties, if this restriction was familiar.

Article. 55. [the right to object] the master of a ship may report the owner objection with regard to the composition and professional qualifications of the persons entered on the list of crew.



TITLE II Obligations of the master Article. 56. [Preservation of due diligence] Master is obliged to ALS diligent the master of the ship at all.

Article. 57. [to prepare the ship for navigation] Master is obliged, before and during the journey to make due diligence, that the ship was seaworthy, and, in particular, to satisfy the requirements of the rules and principles of good practice for maritime safety, fill the right crew, sound equipment and supplies.

Article. 58. [ban on leaving the ship] to the master is not allowed to leave the vessel, which is on the sea, with the exception of the stop on the roadstead or anchorage, or which threatens any danger, unless required by absolute necessity.

Article. 59. [personal conduct] § 1. The master is obliged to personally lead the ship when entering ports, canals and rivers, leaving them and within ports, as well as in any case therefore whether particular difficulties or danger.

§ 2. The master is obliged to use the services of a pilot or a tug, when required by the regulations or the safety of the ship. The master may also benefit from these services, when it considers it appropriate; using the services of a pilot does not relieve the master from the obligation referred to in paragraph 1.

Article. 60. [aid] § 1. The master is obliged to carry all the help people on the sea in danger, if the grant of that aid does not put on a serious danger of his ship and the people on it.

§ 2. The company is not responsible for the violation by the master of the obligation referred to in paragraph 1.

Article. 61. [the proceedings in the event of a disaster] § 1. The master is obliged to take all measures to protect the ship and the people on it and cargo before the injury.

§ 2. If a ship threatens to doom, the master is obliged to first apply all the measures available to it to save the passengers and crew. The captain leaves the ship as the last, watching over the saving, if possible, logs, documents, maps, valuables and cash of the ship.

Article. 62. [responsibility carried cargo] § 1. The master is obliged to do due diligence to the cargo was properly loaded and secured and unloaded, even if such activities are entrusted with tackling those persons with such activities.

§ 2. During the journey, the master is obliged to do due diligence, to load is not damaged or lost. Is also obliged to take the measures necessary to safeguard the interests of people interested in cargo and as far as possible to notify them of special events on the cargo.

Article. 63. [the threat of war and blockade port] if the threat of war or blockade of the port of destination the master is obliged to wrap to the nearest safe port-as far as possible, a port of a Member State of a friend – and take all the measures needed to protect the ship and the people on it, property and documents before computer offenders by the enemy or in front of another danger of war.

Article. 64. [sea Protest] § 1. If the ship, the person on it staying or load has an accident resulting in injury to or there is the likelihood that such damage has occurred, the master is obliged within twenty-four hours from the time of arrival of the ship to the first port or within twenty-four hours after the accident, which occurred at the port protest: 1) in the country-house of the sea and in port, in which there is no Chamber of marine-court District Court;

2) abroad-Polish consular. If this is not possible, the master shall take the steps necessary to establish the circumstances of the case and secure the evidence as provided for local law.

§ 2. The master is obliged to submit a protest when reporting a crew list, a log-book and certified by an extract from the log book with a detailed description of the case, and in the event of loss of the log-book-a detailed description of all the circumstances of the accident.

§ 3. Body receiving the protest shall as far as possible of the date of the adoption of the protest the persons concerned.

§ 4. Authority shall draw up a protest in which includes testimony by the captain and crew members indicated by the master. If necessary after their testimony must be in the Protocol post in addition to the testimony of the other crew members, interviewed – at the discretion of the host body protest at the request of the persons concerned. The adoption of the protest the authority drawing up it shall mention in the log-book.

§ 5. For the adoption of a maritime protest fee, which is the revenue of the State budget.

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

Article. 65. [Showing and raising of the flag] § 1. The master is obliged to: 1) show the flag of the vessel floating units of the Navy and border guards;

2) raise the flag when you enter the ship to port.

§ 2. The competent Minister of maritime economy shall determine, by regulation, the manner and conditions of showing the flag of the vessel floating units of the Navy and border guards and putting honor by vessels, taking into account international customs.

Article. 66. [notification of marine accident] § 1. The master is obliged to immediately notify the marine accident State Marine accident investigation, taking into account the provisions of the Act of August 31, 2012. the State Commission for the study of marine casualties (OJ. 1068 and 2015.1320).

§ 2. The captain is obliged, at the request of the Chamber of Commerce or a preliminary application to the port, give explanations about each case.



DIVISION III Powers the master Article. 67. [request for help] the master of a vessel in distress, after consultation with the ships that have responded to his call for help, has the right to request that indicated by the vessel or vessels have awarded him.


Article. 68. [Stop people threatening] § 1. The master may stop during the journey in a separate room a person whose behavior threatens the safety of the ship ship, people or property. Detention can last for the longest time until the arrival of the ship to the nearest port Polish or at a port of a Member State of which a citizen is a person stopped.

§ 2. In the case of call the ship to a port in another Member State than specified in § 1, the master shall inform the stopped Polish consular and the competent local authorities.

Article. 69. [commitment and disposal of property owner] § 1. The master of a ship which is outside the home port is entitled to contract on behalf of the company and on behalf of the lending operations on credit only within the limits of the indispensable need to repair the ship, the crew, the supply ship or continue the journey.

§ 2. Within the limits of the powers referred to in § 1, the master may even sell unnecessary belonging of the vessel or any part of the food, if the expectation on behalf of the shipowner or on funds from it is not possible or not advisable.

§ 3. If time travel was not otherwise obtain resources necessary to its completion, the master-after, if possible, in consultation with the company and may establish – i.s.o. guidance on cargo security, and even sell part of the load.

§ 4. In the selection of measures for obtaining the funds needed to complete the trip master is obliged to follow that the loss resulted for the shipowner and cargo concerned was as small as possible.

Article. 70. [Rekwizycja cargo] § 1. If the ship is located on the road to exhausted food supplies, the captain has the right to order – to even chapter-rekwizycję located on the ship's cargo, which is suitable for human consumption.

§ 2. The value of the zarekwirowanego cargo is obliged to pay the company.



SECTION IV of the public law functions of the master Article. 71. [the proceedings in the case of the birth or death on board] § 1. Of any birth or death on board during the voyage the master shall mention in the log-book and the Protocol, and in the event of death, also protects the remaining property of the deceased.

§ 2. The captain throws birth or death on board to the Office of civil status of the first Polish port to which the vessel has called, and abroad Polish consular.

§ 3. Testament of a deceased person on the vessel and its master property Security Act passes court district court competent for the first Polish port to which the vessel has called, and abroad Polish consular.

Article. 72. [a crime on board] § 1. In the case of committing offences of the ship captain is obliged to draw up a detailed notice of the crime, take appropriate measures to prevent the repeal of a person suspected of a crime from criminal liability, secure evidence and if appropriate provide person presumed to have committed the crime together with the notice of the offence to the competent authority in the first Polish port to which the vessel has called or the Polish Naval vessel , Border guards or police.

§ 2. The competent Minister of Maritime Affairs, in consultation with the Minister of Justice and the Minister for Foreign Affairs, shall determine, by regulation, procedures of the master in respect of persons suspected of committing offences against the safety of maritime navigation and the means of communication of information and evidence relating to such offences to the authorities of the other Member States, having regard to the international agreements to which the Republic of Poland is a party.



TITLE IV rights in rem and the ownership of the ship Article. 73. [Ownership] § 1. The ship is a Polish property, if it is the property of: 1) the State Treasury;

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

3) Polish citizen residing in the Republic of Poland.

§ 2. The boat which Polish ownership of the vessel is also included in the assets of a partnership entered into the Polish register of entrepreneurs.

§ 3. The ship considered representing Poland property is: 1) which is at least half-owned by the entities listed in paragraph 1, if the owner of the ship is in the Republic of Poland, place of residence or registered office of its main or branch, and the vessel, at the request of all the co-owners, was inducted into the Polish ship register in the registry book of the Standing;

2) owned by a company which is resident abroad, where one of the entities referred to in paragraph 1 has a share capital, if the owner of that ship is in the Republic of Poland, place of residence or registered office of its main or branch, and the vessel, at the request of the owner, was inducted into the Polish ship register in the registry book.

Article. 73A. [Entities from the territory of the EU] For the ship referred to in art. 24 § 2, shall also be ship: 1) which is at least half-owned by a national of a Member State of the European Union or a legal person established in a Member State of the European Union, if the owner of the vessel is in a Member State of the European Union place of residence or registered office of its main or branch, and the vessel, at the request of all the co-owners, was inducted into the Polish ship register in the registry book of the Standing;

2) owned by a company which is resident 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 share capital, if the owner of the vessel is in a Member State of the European Union place of residence or registered office of its main or branch, and the vessel, at the request of the owner, was inducted into the Polish ship register in the registry book.

Article. 74. [Agreement for the transfer of ownership of a vessel] agreement for the transfer of ownership of a vessel referred to in article 2. 73 § 1, subject to registration, should be concluded in writing, the signatures of the parties officially certified. This also applies to a ship referred to in art. 73 § 3, and a ship under construction, the Polish shipping registry.

Article. 75. [transfer of share in the ownership of a vessel] the rules of transfer of ownership of a vessel shall apply mutatis mutandis to the transfer of the share in the ownership of a vessel.



SECTION II the lien on the ship Article. 76. [the lien on the ship (maritime mortgage)] § 1. The ship entered in a register book, you can establish a pledge entered in the register (mortgage sea). To maritime mortgages shall apply mutatis mutandis the provisions of civil law on mortgage, taking into account the provisions of this chapter.

§ 2. To the creation of a maritime mortgage is necessary for registration of the ship.

Article. 77. [the establishment of maritime mortgage] Declaration of will of the owner of the establishment on his vessel maritime mortgage shall be filed in writing with the signature notarized certified, subject to article 22. 84 § 1.

Article. 78. [a form of maritime mortgage] § 1. Maritime mortgage may be expressed also in foreign currency or units of the calculation referred to in article 1. 101 § 2.

§ 2. In order to secure the same claim you can establish a maritime mortgage on more than one vessel.

Article. 79. [scope of claims mortgaged sea] § 1. Maritime mortgage charges, in addition to the ship and its membership, also claims the owner of the ship caused after the establishment of the mortgage: 1) compensation for damage to or loss of the ship, including the compensation of insurance;

2) remuneration for salvage, in so far as it aligns it damages the ship caused a major contributor;

3) the participation of the vessel in the failure of the common;

4) the charges for the leasing or letting of the ship.

§ 2. The parties may extend the scope of debt mortgages.

Article. 80. [transfer of ownership of a vessel on a foreign person] agreement for the transfer of ownership of a vessel loaded with a maritime mortgage on a foreign person within the meaning of article 3. 5 paragraph 2 of the Act of 2 July 2004, the freedom of economic activity (Journal of laws of 2015.584, as amended) requires the prior consent of the creditor mortgage expressed in writing, with the signature of the notary certified.

Article. 81. [powers of mortgage creditor] if conscious, a significant increase in the risks associated with the operation of the ship mortgage-laden seawater, which causes significant deterioration of the situation of the creditor, he may request the immediate satisfaction of mortgage or additional security.

Article. 82. [Mortgage on ship under construction] § 1. Mortgage sea can be established on a ship under construction.

§ 2. Maritime mortgage on ship under construction includes materials, devices and equipment located on the premises of the shipyard builds the laden ship mortgage, that by marking or otherwise expressly identified as intended for the construction or equipment of the ship.


Article. 83. [the principle of priority to satisfy claims] § 1. A claim secured by a maritime mortgage is subject to the satisfaction of the mortgage with priority over other claims, with the exception of privileged claims referred to in article 1. 91, enforcement costs, maintenance duties and rent in respect of compensation for causing the disease, inability to work, disability, or death, as well as the costs of the last illness and funeral of the owner of the ship.

§ 2. Mortgage creditor out of the subject matter of the maritime mortgage is made in the way judicial enforcement proceedings, in so far as the provisions of this chapter provide otherwise.

Article. 84. [Meet by taking over ownership and sale] § 1. The agreement concluded between the ship owner and creditor about the establishment of a maritime mortgage may provide for the acquisition by the mortgage creditor holding a ship loaded with a mortgage, including authorization for the sale, in order to meet the secured claim of income, which brings the ship, or from the price obtained from its sales. The contract should specify the value of the ship.

§ 2. The agreement referred to in paragraph 1 shall be drawn up in writing, with the signatures of the parties officially certified, and entered in the register book.

§ 3. The conclusion of the agreement referred to in § 1, requires the prior consent of the other creditors of the mortgage, expressed in writing, with signatures notarized certified.

Article. 85. [the acquisition of ownership of the vessel] § 1. The acquisition of ownership of the vessel laden maritime mortgage established on the basis of the agreement referred to in article 1. 84 § 1 may take place if the owner of the vessel does not satisfy the secured the mortgage debt or in other cases provided for in the contract.

§ 2. The acquisition of ownership of the vessel subject to the lodging by the creditor mortgage statement to this effect, with reference to the circumstances justifying the acquisition of ownership.

§ 3. The Declaration referred to in paragraph 2, should be made in writing, with the signature of the notary certified; It is subject to disclosure in the registry logged no earlier than after 14 days from the date of the notice the owner of the ship in accordance with art. 87 § 1, unless the owner has consented to the date.

§ 4. The introduction of a mortgage creditor in possession of the vessel may occur, at his request, with the assistance of a bailiff. It shall be accompanied by the provision of the Maritime Chamber indicating compliance statements referred to in § 2, the content of the agreement referred to in article 1. 84 § 1.

§ 5. Create mortgage, who took possession of the ship in accordance with the provisions of § 1-4, may cast it in the possession of a third person or a lease or lease to meet the secured claim with charges for the lease or rental of the ship. The agreement referred to in article 1. 84 § 1, can provide that to donate a vessel in possession of a third party, as well as the conclusion of the lease or rental of the ship needed the consent of the owner of the ship.

Article. 86. [Sales] § 1. The sale of the vessel laden maritime mortgage in accordance with art. 84 § 1 may be effected at the request of the creditor mortgage after the expiry of the satisfaction of debts.

§ 2. Sale shall be carried out a notary or bailiff, within 30 days after the date of deposit by the mortgage creditor request for sale. Such a request should be submitted in writing, with the signature of the notary certified; It is subject to disclosure in the registry logged no earlier than after 14 days from the date of notification of the owner of the ship and the registration authority in accordance with article 5. 87 § 1, unless the owner has consented to the date.

§ 3. Creditor mortgage should in writing notify the other creditors of the mortgage application for the sale of the vessel in accordance with § 1, at least 7 days before the date of the sale. In the absence of notice you are responsible sustained here.

§ 4. The sale of the vessel in accordance with the provisions of § 1 and 2 has the same legal effects as sales made in the way judicial enforcement proceedings.

Article. 87. [Procedure satisfy the claims] § 1. Before the mortgage creditor actions aimed at its meeting from a vessel referred to in article 1. 85 § 1 or article. 86 § 1, he shall in writing notify the owner of the ship and the registration authority intended to take action to meet its claims arising from established on this ship mortgages.

§ 2. The owner of the vessel may, within 14 days from the date of the notification referred to in § 1, to satisfy the mortgage creditor or apply to the Court with a decision that the claim does not exist or is not due in whole or in part. This action causes the suspension of creditor's right mortgage to meet in accordance with art. 85 § 1 or article. 86 § 1 until the final conclusion of the proceedings.

§ 3. Bringing to court action, referred to in § 2, requires disclosure in the registry book.

§ 4. If the creditor mortgage is a foreign bank or a foreign financial institution, his claim can be satisfied in a foreign currency, if the mortgage was expressed in those currencies or compute units referred to in article 1. 101 § 2. Meet via the Bank, which on the basis of separate provisions are authorized to buy and sell foreign currencies, indicated by the mortgage creditor.

Article. 88. [Meet by the acquisition of possession and sale of the vessel under construction] Agreement for the establishment of a maritime mortgage in accordance with art. 84 § 1 may also apply to a ship under construction.

Article. 89. [the application of the lien on the things moving] To non-sea mortgage lien on the vessels, the provisions of civil law, the lien on the things.



SECTION III the privileges on the ship Article. 90. [privileges] § 1. Creditors use to secure privileged claims legal right of lien on the ship with priority over other claims, even if secured by a lien arising from the agreement or the decision of the Court.

§ 2. The privilege is used without a change in the person of the owner or the owner and a good faith purchaser of a vessel.

Article. 91. [the privileged Claims] are Privileged claims: 1) owed you the legal costs, including the costs of judicial enforcement; the expenditure incurred in the common interest of the creditors over the conduct of the vessel or to the sale of the vessel and obtained money; tonnage fees, lantern or port and other charges and public benefits; pilot fees and the costs of the supervision and conduct of the vessel from the time of its entry to the last port;

2) contracts of employment on board the ship with the captain, the other members of the crew and employed in support of the ship;

3) remuneration for salvage and ship in the failure of the common;

4) damages caused to the collision of vessels or other maritime accidents, as well as damage caused to the port in devices, docks and shipping roads; compensation for death, injury or upset health of passengers and crew members; compensation for loss of or damage to the cargo or baggage;

5) contracts or other legal action taken by the master, within the limits of its statutory restraints, at the time the vessel outside the home port for the real needs of the maintenance of the ship or continue the journey, regardless of whether or not the captain is at the same time, the company or the owner of the vessel, and whether the claim is entitled to his own or suppliers, to repairing the ship, lenders or other business partners.

Article. 92. [creditor] § 1. An action for a creditor of heavily loaded the privilege can be asserted as against the owner and shipowner. Judgment against the shipowner is effective against its owner, and released against the owner is effective against the shipowner.

§ 2. A creditor of heavily loaded privilege is by way of judicial enforcement proceedings.

§ 3. Privileged claims resulting from the same trip meets in the order categories enumerated in art. 91. paragraph 4. Claims arising from the same trip and belonging to the same category of meets in proportion to their height, if the total amount to be split is not enough to satisfy them in full; However, later the resulting claim listed in article 1. 91 points 3 and 5 meets in each of the categories, before previously incurred.

§ 5. Claims arising out of the same event shall be deemed to be incurred at the same time.

Article. 93. [order to meet claims] § 1. Privileges from the last trip take precedence over travel privileges.

§ 2. Claims from the same employment contract relating to several travel meets on par with claims from the last trip.

Article. 94. [Extension privilege] § 1. The privilege also extends to:


1) freight and zrównaną with him a fee for the carriage of passengers, with their baggage, while the privileged claim, (a) in respect of claims arising from contracts of employment referred to in article 1. 91 paragraph 2, with all travel undertaken during the same contract of employment;

2) compensation payable to a ship for the incurred and unrepaired damage to the ship, as well as losses on frachcie;

3) due to a ship involved in the failure, so far as it consists of unrepaired damage to the vessel or losses on frachcie;

4) due to ship the remuneration for the rescue, which took place during the journey, after deduction of the sum, however, per the captain and other persons employed in handling the ship.

§ 2. The privilege does not extend to the ship insurance indemnity payable.

Article. 95. [Expiry privilege] § 1. Privileges expire at the end of the year, however, the privileges listed in the article. 91 paragraph 5 shall expire at the end of 6 months.

§ 2. Expiry privilege runs for claims arising from: 1) remuneration for the rescue, from the end of the emergency;

2) the injury caused to the collision of vessels or other marine accident or arising as a result of death, injury or health disorder, from causing injury;

3) compensation for loss of or damage to cargo or luggage – from the date of issue of the cargo or luggage or from the date on which it should be issued;

4) receivables arising from activities referred to in article 1. 91 paragraph 5-from the date the claim arises;

5) other events, from the due date.

§ 3. The privilege of the claims referred to in article 1. 94 section 1 shall expire at the time of payment, however, the privilege shall remain in force until paid amount is in the hand of the master or other person who has taken this amount to the owner or the owner of the ship.

Article. 96. [Specific expiration dates] if the ship, which is subject to the privilege could not be busy on Polish internal waters or territorial sea of a Polish to the creditor who has in the Republic of Poland, a resident, the time limits referred to in article 1. 95 may not end up earlier than on the expiry of one month from the date on which the ship entered the port of Polish, but not later than at the end of 3 years from the date the claim arises.



Title V of the limitation of liability for maritime claims and insurance companies for claims of marine Art. 97. [limitation of liability for maritime claims] § 1. The debtor's liability for maritime claims may be limited in accordance with the provisions of the Convention on limitation of liability for maritime claims, 1976, done at London on 19 November 1976 (OJ 1986, no. 35, item 175), as amended by the Protocol, drawn up in London on 2 May 1996 (Journal of laws of 2012.146), hereinafter referred to as "the Convention on limitation of liability", together with the changes in force from the date of their entry into force for the Republic of Poland given to the public in an appropriate manner.

§ 2. To a foreign creditor having at the time of claim permanent residence or headquarters in the State, which has set up for this kind of claim limit of liability lower than specified in accordance with the provisions of the Convention on limitation of liability, the debtor responds to this lower limit.

§ 3. Permission to limit liability under § 1 does not have the foreign debtor, who at the time relying on does not have his habitual residence or headquarters in the State whose law does not provide for a limitation of liability for this kind of claim; If the law provides for the liability limit is higher than specified in accordance with the Convention on limitation of liability, shall apply to this higher limit.

Article. 98. [to invoke the limitation of liability] § 1. The debtor can rely on the limitation of liability, regardless of the establishment of a Fund for limitation of liability referred to in article 1. 11 of the Convention on limitation of liability.

§ 2. (repealed)

Article. 99. [responsibilities of the debtor] Debtor shall bear the costs of the investigation process claims subject to limitation in accordance with the code of civil procedure and is responsible for the interest on that claim over the boundary of liability determined in accordance with the Convention on limitation of liability, however, if the debtor has created a Fund of limitation of liability by the deposit to the deposit of the Court the appropriate sum of money is made up is not responsible for the interest arising after the deposit this sum.

Article. 100. [the claim for damages in devices and pools port] claims for damages in devices and pools, waterways and navigation devices are responding to with priority before other claims, except claims for death, personal injury or health disorder.

Article. 101. [limit of liability] § 1. For vessels with a gross tonnage of less than 300, the limit of liability of the debtor shall be: 1) 200 000 units of account in respect of claims for death, personal injury or health disorder;

2) 100 000 units of account, with regard to the other claims.

§ 2. The processing unit is a special drawing right (SDR), as defined by the International Monetary Fund.

Article. 102. [Responsibility for any act or omission] § 1. If the debtor is a legal person, is by his own act or omission referred to in article 1. 4 the Convention on limitation of liability, act or omission of the one who performs the functions of the governing body of the legal person.

§ 2. If the debtor is a company that cultivates the Inland by a permanent administrator, is responsible for the Act or omission the managers for their own acts or omissions; If the trustee is a legal person, the provision of paragraph 1 shall apply mutatis mutandis.

Article. 102A. [the insurance of liability for maritime claims] § 1. Shipowner about belonging, about 300 gross tonnage and above must have insurance or other financial security liability for maritime claims, including claims under restriction on the basis of the Convention on limitation of liability (liability insurance for maritime claims).

§ 2. Liability insurance for maritime claims must also have the company ship with a foreign affiliation, 300 gross tonnage and above: 1) when the vessel enters the Polish port or 2) if it is in conformity with the requirements of international law, when the ship enters the Polish territorial waters.

Article. 102B. [insured] sum insured of each ship from liability for maritime claims for claims arising out of each separate event should be set to the corresponding maximum limit of liability determined in accordance with the Convention on limitation of liability.

Article. 102c. [a certificate confirming insurance] § 1. Possession of liability insurance for maritime claims should be supported by one or more certificates of insurance of liability for maritime claims.

§ 2. Certificate of liability insurance for maritime claims shall issue an insurer or other entity that grants financial security.

§ 3. Certificate of liability insurance for maritime claims should contain: 1) ship's name, his identification number given by the International Maritime Organization (IMO) and the name of the home port;

2) the name and principal place of business of the company;

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

4) the name and principal place of business of insurer or other person providing financial security and, if it is other than the place of business, the place of establishment of the insurance of liability for maritime claims.

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

§ 5. Certificate of liability insurance for maritime claims should be stored on the ship.

§ 6. Possession and storage of the vessel certificate of insurance liability for maritime claims shall be checked during the inspection of the vessel conducted in Polish port.

Article. 102d. [prohibition of use of non-vessel certificate of insurance liability for maritime claims] the ship about Polish membership may not be used in shipping, if you do not have a certificate of insurance liability for maritime claims.


Article. PKP. [requests to leave the port by a foreign ship belonging, nieprzechowujący certificate liability insurance for maritime claims] § 1. If the certificate of insurance of liability for maritime claims, it is not stored on the ship with a foreign affiliation, the Manager of the maritime authority may, by way of an administrative decision, give the ship leave the port order, and shall inform the European Commission, the other Member States of the European Union and the flag State of the vessel. The decision gives the rigor of immediate enforceability.

§ 2. If the circumstances allow for the removal of defects within a reasonable period of time referred to in § 1, before issuing the order for expulsion, the Manager of the maritime authority calls for the removal of these deficiencies and set a deadline for their removal.

§ 3. A foreign ship belonging to which any Member State of the European Union warrant leave port because of not keeping on Board of the certificate of insurance of liability for maritime claims, he cannot enter into the Polish port, until this certificate.

Article. 102f. [exclusion of application of the provisions of] the provisions of article 4. 102A-PKP shall not apply to ships owned or operated by a State, used to provide a non-commercial public service.

Article. 102g. [control of compliance with the provisions of insurance liability for maritime claims] compliance control of insurance liability for maritime claims shall have the directors of offices.



TITLE VI of the agreement and cargo Section 1 General provisions Article. 103. [the contract of carriage of the cargo] By a contract of carriage of the cargo, the carrier shall undertake, for remuneration, to carry things by sea.

Article. 104. [the provisions of the agreement] the contract of carriage of cargo can: 1) provide that the carrier shall give all or a specified part of the cargo space of a ship under a load on one or more destinations (Charter), or 2) apply to the carriage of individual things or the load specified by type, quantity, measure or weight (bukingowa).

Article. 105. [the relationship between the carrier and the shipowners] § 1. The contract of carriage specifies the relationship between the carrier and the shipowners (charterers or bukującym).

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

§ 3. In the implementation of the obligation to deliver the payload can another person carrier i.s.o. (shipper). The provisions relating to the shipper shall apply to i.s.o., which itself provides the cargo carrier.

Article. 106. [Waiver of rights agreement] Frachtujący may without the consent of the carrier waived his rights from the contract of carriage to a third party, however, remains responsible for the performance of the contract jointly and severally with the person his rights he withdrew.

Article. 107. [Transhipment to another vessel] § 1. If the cargo is to be according to the Charter agreement taken a specific ship, the carrier may load it on another vessel only after obtaining the consent of the charterer.

§ 2. In the carriage on the basis of a contract of confirmation the carrier has the right – in the absence of explicit prohibition in the contract-replace specified in the contract of the ship another ship of the same category, suitable for carriage without delay; However, it is obliged to substitute a replacement vessel in agreed time and notify bukującego.

Article. 108. [limitation of claims] § 1. The claim from the contract of carriage are subject at the end of 2 years from the date of its maturity.

§ 2. Claim to the carrier associated with cargo, arising out of the Bill of lading, shall lapse at the end of the year from the date on which the cargo occurred or was supposed to take place.

§ 3. An action for damages against a third party in cases referred to in § 2 may be brought even after the expiration of the year within the period specified in the provisions of the Statute of limitations claims, not more than 6 months from the date on which the person making such an action could claim or received a lawsuit filed against it.

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



Chapter 2 Loading to the ship Article. 110. [preparing for the trip], the carrier is obliged to take reasonable care to at the start of the journey, the ship was seaworthy, adequately equipped, and manned crew, and in addition to its holds, cold stores and any other premises, to which the goods are loaded, before the start of the journey were prepared and brought to a State suitable for acceptance, transport and cargo security, according to its properties.

Article. 111. [Substitution], the carrier is obliged to substitute the vessel ready to charge at a fixed time and place, and leave it there for a prescribed period of charging, and when it was a prearranged absence is also a period of downtime.

Article. 112. [substitution] § 1. If not otherwise agreed place of loading, the carrier will substitute ship in the customary place of loading or waiting.

§ 2. If the carriage is based on the Charter agreement, the carrier is obliged to substitute the vessel according to the indications of the charterer in place appropriate, safe and accessible without difficulty to approach the ship, for his being there and the exit of the load without obstacles. If there are several charterers, who do not agree among themselves on the loading area, or if the place of loading is not given to the carrier, the carrier shall comply with paragraph 1.

§ 3. The bareboat charterer may regardless of whether or not a charge has been laid down in the contract, to demand from the carrier for reimbursement of any related costs-tow the or drag the ship from one place to another, unless the transport takes place by boat that hosts regular line.

§ 4. If the carriage is based on the agreement, confirmation, bukującemu have permissions specified in § 3 only if it provides for them the agreement or usage in the port.

Article. 113. [notice of substitute] § 1. The carrier is obliged to notify in writing the charterer of the substitute finished to start loading the vessel in a place referred to in article 2. 112 § 2, and if such is not the carrier indicated-in a place referred to in article 2. 112 § 1 (ready). If the charterer pointed shipper, the carrier shall notify the shipper.

§ 2. Notice, that at the time of its receipt does not correspond to reality, is considered intransitive, and the carrier is responsible for the sustained here.

§ 3. To determine the day and time in which notice shall be deemed to be effectively carried out, apply the Customs adopted for this activity in the port.

Article. 114. [duration of loading] § 1. Charging period specifies the Charter agreement, and if it does not contain provisions in that regard – custom adopted in the port. This period shall be calculated according to the days and hours, starting from the day following the deposit of the notification.

§ 2. The period includes load-induced break causes occurring after the i.s.o. or shipper, as well as used on the vessel or drag was fired from one place to another according to the article. 112 § 3.

§ 3. Charging period not included breaks due to causes reflecting changes to the carrier, as well as interruptions caused by force majeure or bad weather conditions threatening cargo or the accuracy or safety of the load.

Article. 115. [Downtime] § 1. The parties may in the Charter agreement provide that the ship will stay in port over the period (downtime).

§ 2. If the agreement does not set the downtime of the ship, it is assumed that this period is 14 days. Downtime is calculated according to the current days and hours. To a period of downtime not included, however, the breaks caused by causes of occurring only on the side of the carrier.

§ 3. The remuneration payable to the carrier for downtime (demurrage) specifies the agreement, and if it does not contain provisions in that regard – custom. In the absence of the customary rates transit shall be the sum of the expenditure on the maintenance of the ship and the crew for a period of downtime.

§ 4. If the agreement does not provide for the downtime, and the ship after the expiry of a period of charging is being held at the port of causes occurring after the i.s.o. or the shipper, the carrier has the right to compensation of the injury caused to the przetrzymaniem of the ship.

§ 5. To compensation provided for in § 4 the carrier has the right, even when the ship for reasons occurring after the i.s.o. or the shipper is being held in the port more than downtime.

Article. 116. [the carriage on the basis of a contract confirmation] in the carriage on the basis of a contract confirmation, the carrier should within a reasonable time notify i.s.o. of the time and place of loading of the ship. Such notification is redundant, when it comes to hosting regular line ship, unless the time limit prescribed in the timetables you will not be able to be met.


Article. 117. [the right to provide a suitable cargo] Frachtującemu is entitled to delivery of the cargo in place of a specific contract-a suitable cargo which transportation does not worsen the position of the carrier and other frachtujących. Freight payable to the carrier for the transportation of such cargo can not be lower than the agreed freight.

Article. 118. [Dead freight] § 1. After the expiry of the loading and downtime Charter stipulated in the contract or after expiry of the set in the contract confirmation delivery limit for cargo, the carrier may at its sole discretion start the journey, even though a prearranged cargo was not delivered. The carrier retains the right to freight falling from cargo unloaded (dead freight).

§ 2. The charge of the carrier in respect of a dead freight will be reduced by the sum of the freight costs achieved by the carrier for other cargo accepted for carriage in the cargo space that has not been delivered.

Article. 119. [Obligations of the carrier] If by contract the bareboat charterer responsible for the entire space of the ship, the carrier, while retaining the right to the whole freight is at the request of the charterer must: 1) begin your journey even before the agreed date, even if the cargo has not yet completely loaded;

2) accept for carriage of the cargo delivered to him before the expiry of a period of loading or downtime, even though the adoption and loading of the cargo could cause delay in the commencement of the travel, not longer than 14 days; This is without prejudice to the provisions of article 4. 115 § 4 and § 5.

Article. 120. [refusal of cargo] If by contract the bareboat charterer responsible for part of the space ship, the carrier may refuse to accept the cargo, which load after a set period would have had to load due to the delay of the charterer cause to withstand ship. Despite the refusal to accept the load carrier should be all freight.

Article. 121. [powers of the charterer] § 1. Czarterującemu, even by contract rozporządzał the whole surface of the ship, its cargo of deal with only spaces and areas designed for this purpose.

§ 2. The bareboat charterer may require an appropriate reduction of the freight and compensation, if the carrier does not give to the regulation specified in the contract space ship.

Article. 122. [Obligations i.s.o.] § 1. Frachtujący must, at your expense, deliver your cargo to the ship along its sides in such a manner as to enable the correct and proper loading.

§ 2. To the goods easily inflamed, explosive or otherwise dangerous frachtujący is obliged to put the correct designation of them as dangerous and the carrier needed information about the properties of the item.

§ 3. Casting for the carriage of goods, which must be handled in a special way, frachtujący is obliged to put on them the appropriate designation and inform the carrier about their properties.

Article. 123. [delivery of documents by i.s.o.] § 1. Frachtujący is obliged to provide to the carrier in good time the documents concerning the cargo needed for his carriage.

§ 2. Frachtujący is responsible for damage resulting from delay in delivery and the irregularity or inaccuracy of documents provided for in § 1.

Article. 124. [i.s.o. Responsibility and the shipper] § 1. Frachtujący responds to the carrier, as well as to passengers, crew and other cargo owners for damage caused by inaccurate or false statement of nature or properties of the cargo.

§ 2. Responsibility as laid down in paragraph 1 shall be borne by the shipper as well, if the submission of inaccurate or false statements concerning the nature or properties of the cargo was his fault.

Article. 125. [disclaimer i.s.o.] Frachtujący is free from liability for damage caused by the cargo to the carrier or the ship from any cause without his fault.

Article. 126. [Loading and securing of the cargo] § 1. The carrier is obliged to take reasonable care when loading cargo on a ship and provide the appropriate primers, barrier, mats and other material necessary for the proper and appropriate load, and the deployment and security (zasztauowania) load.

§ 2. The load is placed on the vessel at the discretion of the carrier; placing the cargo on board requires the consent of the shipper, unless the cargo transported in containers, adopted on a ship suitable for such carriage, or loads, which customarily are carried on board.

§ 3. The cost of loading and zasztauowania of the cargo on Board shall be borne by the carrier.

Article. 127. [dangerous goods] § 1. The carrier, while retaining the right to the whole freight, may at its sole discretion to unload cargo from a ship, destroy or dispose of without any obligation to pay damages by it created, if the payload contains flammable materials, explosive or otherwise dangerous, was falsely declared or if the carrier could not, by accepting the charge, held its hazardous properties based on the usual knowledge of things, and not been forewarned about these properties. The shipper is liable for damage arising as a result of loading and transportation of such cargo.

§ 2. If the carrier were although the known properties of the cargo referred to in § 1 and its cargo was loaded with his consent, but then threatened the safety of the ship, the people on it contained or other cargo, the carrier may, at its sole discretion – dangerous goods to unload, destroy or dispose of. For sustained hence damage, the carrier shall be liable only within the limits of liability for the failure of the common. The carrier retains the right to the distance freight.

Article. 128. [depositary receipts skipper] at the request of the shipper, the carrier is obliged, as progressive progressively loading, issue appropriate receipts for cargo accepted to ship lots (bills of the helmsman), where in addition to specifying the data type of the payload, its measure, quantity or importance, and the characters and packaging may include concerns about the State of the external load and its packaging.



Chapter 3 the Bill of lading Article. 129. [Edition of the Bill of lading] § 1. The carrier is obliged after the adoption of the cargo on the ship to spend the shipper at the request of the Bill of lading.

§ 2. If you previously have been released on this cargo receipts skipper, the carrier may refuse to issue the Bill of lading, since their return.

Article. 130. [Bill of lading adoption to load] § 1. The carrier may deliver the shipper, prior to the adoption of the cargo on the ship, a document stating acceptance of the cargo for carriage (Bill of lading adoption to load).

§ 2. After the adoption of the cargo on the vessel carrier will release the shipper, on request, a bill of lading stating acceptance of the cargo on the ship for the return of the document referred to in paragraph 1 or to the latter places a reference to the acceptance of the cargo on the ship with the name of the ship and the date of loading.

Article. 131. [Institution of the Bill of lading] § 1. The Bill of lading is evidence of acceptance of the cargo in the ship to carry and is a document giving legitimacy to dispose of the cargo and its delivery.

§ 2. Bill of lading issued in accordance with the provisions of this chapter creates a presumption on the ship by the carrier specified cargo for carriage in such quantity and condition, as it exists in the Bill of lading. Evidence to the contrary will not be allowed in the case 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 consignee of the cargo. The provisions of the contract of carriage shall bind the recipient only if the Bill of lading refers to them.

Article. 132. [payload data] § 1. Payload data shall be provided in the Bill of lading on the basis of a written declaration of the shipper.

§ 2. Shipper is responsible to the carrier for any damage or expenses arising from the inaccuracy or falseness what to measure, volume, number, quantity and weight of the cargo and its main characters; However, this does not relieve the carrier of liability as a result of failure to fulfil his obligations under the contract of carriage, in respect of all the other people outside of the shipowners and the shipper.

Article. 133. [number of copies of the Bill of lading] the carrier is obliged to issue a bill of lading shipper in so many identical copies, how many requests a shipper, window on each of them the number of published copies.

Article. 134. [konosamentów Types] § 1. A bill of lading may be issued: 1) named the specified recipient (personal Bill of lading);

2) at the request of the shipper or indicated by the people (Bill of lading on behalf of);

3) bearer.

§ 2. If the Bill of lading on behalf of the person indicated, on which an order Bill of lading has been issued, it is considered to be issued on behalf of the shipper.

Article. 135. [transfer of Bill of lading] § 1. A bill of lading may be transferred to another person, that by moving acquires rights to dispose of the cargo and its delivery.

§ 2. Bill of lading moves: 1) by transfer of claims (personal Bill of lading);

2) by endorsement (Bill of lading on behalf of);

3) by the issue of the Bill of lading (Bill of lading bearer).

Article. 136. [Content of the Bill of lading] § 1. The Bill of lading includes: 1) the designation of the carrier;

2) the designation of the shipper;


3) the designation of the recipient or a statement that the Bill of lading was issued to order or to bearer;

4) the name of the vessel;

5) specify the load with indication of its kind and, as appropriate, its measurement, volume, number, quantity or weight;

6) the term external cargo status and its packaging;

7) main characters necessary to establish the identity of the cargo, given by the shipper in writing before charging, if printed or otherwise has been recorded on the individual pieces of the cargo or its packaging;

8) designation of freight and other charges of the carrier or mention that their payment in full already occurred or should occur pursuant to posted in another document;

9) the name of the place of loading;

10) the name of the place to discharge or determine when or where you will be an indication of the place of unloading;

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

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

13) the signature of the carrier or the master of the vessel or another representative of the carrier.

§ 2. If the Bill of lading does not list the carrier, it is believed that the carrier is the owner. If the Bill of lading issued pursuant to § 1 the carrier are inaccurate or false, the operator of a ship on which the cargo is loaded, responds to customer load for sustained damage here, and serves him a claim to the carrier.

Article. 137. [the carrier's Permission] § 1. The carrier may include in the Bill of lading adequate attention, if the external condition of the cargo or its packaging raises objections.

§ 2. The carrier may refuse registration of the Bill of lading declared by shipper data on quantities of measure, weight and marking of cargo, if he has serious grounds for suspecting that these data do not correspond exactly to the actual forms at the time of load, or if it is not possible to verify these data.

§ 3. The carrier may refuse registration of the Bill of lading the cargo character data, if these characters are not persisted on the individual pieces of the cargo or its packaging in such a way that in normal conditions should remain legible until the end of the journey.

§ 4. If the cargo was delivered for carriage in the packaging, the carrier may include in the Bill of lading the mention that the content is not known.

Article. 138. [Bill of lading direct] § 1. Subject to the exceptions provided for in the Act the provisions of the Bill of lading shall apply mutatis mutandis to the Bill of lading direct issued by the maritime carrier undertaking the carriage which is to be made on the part of the journey by another carrier (sea, River, land or air).

§ 2. To carry on parts of the route, which do not constitute a sea route, the law applicable to the particular type of carriage. If you do not know on which part of the route of the event, shall apply to the assessment of the effects of the provisions of the code.

Article. 139. [the carrier's liability] § 1. The carrier that issued the Bill of lading, is responsible for the proper execution of the duties of the carrier for the whole journey covered by this a freight confirmation, until the release of the cargo authorized recipient. Each of the other carriers are responsible for the execution of these duties on a supported by the leg of the jointly and severally with the carrier that issued the Bill of lading.

§ 2. The carrier that issued the Bill of lading direct, can limit your liability to a supported by the part of the route; does not exempt it from the obligation to make due diligence, to the further carriage can be properly made.

§ 3. The carrier, which on the basis of their joint and several liability with the Bill of lading direct paid compensation, has the right to require from each of the other carriers, bearing the responsibility of this Bill of lading, return in proportion to the falling on him. Is free from the obligation to repay the carrier, which proves that duly performed his duties of the carrier.

§ 4. The last carrier should follow known rights previous carriers, in particular their right of lien.



Chapter 4 Enforcement of carriage Article. 140. [Execution of carriage] § 1. The ship should perform transport with due speed, route, by Convention, fixed, and in the absence of agreement, the normal route.

§ 2. The descent of the route in order to save or attempt to save life or property at sea or other reasonable cause does not constitute an infringement of the contract of carriage; the carrier is not responsible for the resulting from here.

Article. 141. [rights of load], the carrier is obliged to exercise the supervision of cargo from its adoption to the issue and take care of the interests of the persons concerned.

Article. 142. [Obstacle and the inability to execute a command] § 1. If the ship could not arrive at the port of destination because of insurmountable obstacles, the resolution cannot be expected within a reasonable period of time, the carrier will ship to the nearest safe port. Obstacles the carrier should inform the i.s.o..

§ 2. If the carriage is performed on the basis of a Charter agreement, the master shall, as far as possible, apply the charterer. If within a reasonable time of the charterer or its arrived not command execution is impossible, the master may unload cargo or return it to the port of load depending on-what is according to its assessment of more favourable to the charterer.

§ 3. Charterer is obliged in any case to pay the freight distance.



Chapter 5 Discharge and receipt of cargo Article. 143. [the right to dispose of the cargo] § 1. Frachtujący has the right to dispose of the cargo until the release it the holder of the recipient. It may, in particular, prior to the commencement of the travel claim the cargo at the port of loading, as well as even after the start of the journey change the primary indication of the person and the place of discharge – for securing any related losses and expenses. If the cargo carried is based on the Bill of lading, the right to dispose of the cargo shall be entitled each legitymowanemu to the holder of the Bill of lading and the carrier is obliged to follow his orders only for the return of all issued copies of the Bill of lading.

§ 2. The rights referred to in § 1 shall not serve, if their execution would cause a significant delay of departure, unless the carrier agrees to this.

Article. 144. [the issue of cargo] § 1. In the absence of different orders granted pursuant to article 14. 143 the load seems to be at the port of destination.

§ 2. The carrier is obliged to issue a cargo at the port of destination legitymowanemu the holder of a if only one copy of the Bill of lading. After the release of the cargo by the carrier on the basis of one copy of the remaining copies of the Bill of lading shall be repealed.

§ 3. Legitymowanym the holder of a bill of lading is: 1) of the Bill of lading roll recipient indicated in the Bill of lading;

2) of the Bill of lading on behalf of – the one on whose behalf sings of the Bill of lading, which was not transferred by endorsement, or the holder of the Bill of lading showing their right to a continuous series of indosów, even if the last endorsement was in blank;

3) of the Bill of lading bearer-the person presenting the Bill of lading.

§ 4. If the Bill of lading has not been issued, the charge seems to be at the place of destination the recipient designated by the person authorized by him or i.s.o..

Article. 145. [the application of the provisions of the Act] to determine how and the period of discharge and downtime and holding the ship, as well as associated costs, shall apply mutatis mutandis the provisions of loading. The cost of unloading from the ship alongside shall be borne by the carrier, and all the other costs of collection shall be borne by the recipient.

Article. 146. [acceptance of cargo] § 1. By acceptance of the cargo the consignee undertakes to pay to the carrier the freight receivables, przestojowego, compensation for the hold of the ship and any other charges for cargo.

§ 2. If the load is carried on the basis of the Bill of lading, the recipient is obliged to pay only receivables arising out of the Bill of lading or contract of carriage to which the provisions of the Bill of lading refers.

§ 3. In the carriage of cargo on the basis of the Bill of lading, the carrier cannot recover from the recipient pay for downtime or compensation for the hold the ship in the port of loading, unless the Bill of lading Moreover, downtime or holding the ship. If the duration of loading and unloading was specified, including one number of days or hours, the carrier may not to recipients rely on excessive waste of time when booting, unless it has been exposed in the Bill of lading.

Article. 147. [Inspection] § 1. The customer or the carrier may require to make before his cargo inspection with the participation of experts.

§ 2. The costs associated with oględzinami shall be borne by the person who requests the inspection. However, if Visual inspection made at the request of a recipient showed partial loss or damage of the cargo, the cost of the inspection shall be borne by the carrier, unless the damage oględzinami found not liable.


Article. 148. [presumption of receipt of the cargo in accordance with the wording of the Bill of lading] § 1. It is presumed that the addressee has received the cargo in accordance with the wording of the Bill of lading, if you do not notify the carrier in writing of deficiencies or damage at the latest at the time of receipt, and if the damage externally unnoticeable at the latest within three days from the moment of receipt of the cargo. Written notice is unnecessary, if, at the time of receipt of the carrier and the recipient under stated condition of the cargo.

§ 2. Contract terms uciążliwsze for the recipient of the cargo, than provided for in paragraph 1, are void.

Article. 149. [refusal of cargo] § 1. The carrier may refuse to release the load and stop it until payment or collateral by the customer per the claims arising from the carriage of the cargo, as well as due from the payload of the participation in the common failure and of remuneration for salvage.

§ 2. The carrier that delivered the cargo recipient loses the right to claim from i.s.o. claims listed in § 1.

Article. 150. [Landing at the expense and risk of the consignee] § 1. If the recipient does not report or refuses to accept the cargo, or delay the landing so that it is not possible to complete the unloading of the ship in a timely manner, at the expense and risk of the consignee will unload cargo and storage component in the House or at another suitable location.

§ 2. In the same way the carrier will comply with the load in the case of the receipt of a few holders of the Bill of lading.

§ 3. Notify the carrier immediately of the cases referred to in § 1 and 2 of the recipient, if it is known, and shipper.

§ 4. By holding the ship caused the submission of cargo for safekeeping must be carrier compensation how to withstand the loading of ship.

Article. 151. [Failure load] § 1. If, within two months from the date of arrival of the ship to the port of discharge have not lodged for safekeeping the cargo and paid to the carrier all the charges per mu from the customer in connection with the carriage, the carrier may sell the cargo.

§ 2. Niepodjęty the cargo may be sold also before putting on the storage and before the expiry of the two month, if it is exposed to corruption or if its storage requires the costs, the amount of which exceeds the value of the cargo.

§ 3. Of its intention to sell the cargo in accordance with the provision of § 1 the carrier shall notify the customer and i.s.o. 7 days before the date of the sale.

Article. 152. [the amount obtained from the sale of the cargo] § 1. Of the amount obtained from the sale of the cargo carrier cover receivables payable to him from the customer in connection with the carriage and expenses related to the saving of the cargo, as well as the costs of carrying out the sale, and the rest consists of legal deposit at the point of sale in order to release the sum of the holder.

§ 2. If the amount obtained from the sale of the cargo is not enough to completely satisfy the carrier's duties referred to in paragraph 1, the carrier has the right to claim the rest of its debts from i.s.o..

§ 3. For the sake of claims provided for in § 2, the carrier is obliged to notify the i.s.o. about putting the load on the storage and the intention to sell it if you do not receive pay or adequate security at the appropriate time.



Chapter 6 Article carrier Duties. 153. [amount of freight] Height determines the freight agreement. In the absence of agreement, the freight is calculated on the basis of the rates applied in the place and at the time of the load.

Article. 154. [Cargo lost] § 1. From cargo lost during transport as a result of any accident freight should not be, and paid in advance shall be refunded.

§ 2. If the lost cargo, referred to in § 1, survived or was recovered, the carrier has the right to the distance freight, unless the person concerned cargo did not benefit from travel by the payload part of the journey.

§ 3. Freight shipping solution is payment for the transport of charged according to the relation in which the part of the journey actually travelled by the cargo remains for the entire contracted travel. In the calculation of the freight of the spacer shall be taken into account not only the ratio of the distance, but also the ratio of the cost and time effort, danger and hardships, which are, on average, related to distance travelled part of the trip, to the average effort on the part of the remainder to go.

§ 4. Freight must be entirely for the carriage of cargo lost due to its specific natural properties, in particular corruption, when the escape or normal leakage, as well as for the transport of animals which have died during transport.

Article. 155. [Freight from surplus cargo] § 1. If the ship loaded a cargo of more than provided for in the contract, the carrier should be freight from the surplus at the rate adopted in the agreement.

§ 2. From the load placed on the ship without the knowledge of the carrier the carrier must be double the sum attributable to freight for the carriage from the port of loading to the port of discharge and pay damages, which the carrier has suffered as a result of placing the cargo on the ship. The carrier may charge the land in any port.



Chapter 7 the privileges on the load Article. 156. [Privileges on the load] § 1. Creditors use to secure privileged claims legal right of lien on cargo with priority over other claims, even if secured by a lien arising from the agreement or the decision of the Court.

§ 2. Secured claims are claims in respect of: 1) due to the State of the court costs and the costs of enforcement; expenses incurred for the preservation or to sell the cargo and obtained a quota; the fees and public benefits;

2) salaries per load for emergency services and participation in the common failure, due from the cargo ship and other cargoes;

3) damage caused by cargo;

4) Receivables carrier from carriage of the cargo.

§ 3. Privileged debts shall be subject to the satisfaction, together with interest and costs of the process, in the order indicated in § 2.

§ 4. Claims belonging to the same group meets in proportion to their height, if the total amount to be split is not enough to meet them in full.

Article. 157. [Extension privilege] § 1. Privilege on the load extends to due compensation for the cargo incurred and unrepaired damage to the cargo and cargo due to the part in the failure of the joint.

§ 2. The privilege does not extend to cargo insurance compensation payable.

Article. 158. [Expiry privilege] § 1. Privileges on the load going out as soon as the issue of the cargo to the person entitled to receive.

§ 2. Privileges on the claims referred to in article 1. 157 § 1 are going out as soon as the payment of the royalties to the person entitled to receive.



Chapter 8 termination Article. 159. [a withdrawal from the contract by i.s.o.] § 1. Frachtujący may withdraw from the contract of carriage, if the carrier does not substitute missing ship at the port of loading in the agreed time or there has been other significant delay in the adoption of the cargo on the ship or the commencement of the travel.

§ 2. Frachtujący can withdraw from the contract after loading to the start of the journey and claim the discharge of the cargo, however, is obliged to pay all freight and costs caused by withdrawal from the contract. This right is not frachtującemu, if the unloading its cargo would cause significant delay the start of the tour.

§ 3. Frachtujący can travel to withdraw from the contract and claim the discharge of the cargo, however, is obliged to pay all freight and the cost of the carrier caused by withdrawal from the contract. The carrier may refuse to discharge the cargo, if this would result in a significant delay or rerouting.

Article. 160. [cancellation by the charterer] § 1. The bareboat charterer, who according to the Charter agreement disposes of the entire cargo space ship, can withdraw from the contract before the start of the journey, however, is obliged to return to the carrier the amount spent by him on the charge, and not included to the freight, and in addition, pay: 1) half of the freight-if it withdraws from the contract before the start of the race the agreed period of charging;

2) all freight – if the contract was concluded only on one trip, and the charterer withdraws from the contract after the start of the race the agreed period of charging; in the case of the start of the downtime or holding a ship charterer is obliged also to pay demurrage or damages for the hold of the ship.

§ 2. In the event of withdrawal from the contract by the charterer at the time of loading, the carrier is obliged to issue a load already loaded, even if the discharge was to stop the vessel in the longer charging periods and downtime; retains the right to przestojowego or compensation for the hold of the ship.

§ 3. The carrier has the right to demand from the charterer compensation for actually suffered damage caused by the withdrawal by the charterer of the contract of carriage concluded a series of consecutive travel or to transport a particular cargo. Compensation is not, however, exceed the amount of the freight przypadałby for canceled trips. In any case, the carrier is obliged to work to reduce the damage.


Article. 161. [a withdrawal from the contract by the carrier] § 1. The carrier may withdraw from the contract before you travel, if the value of the delivered cargo does not protect freight and other charges of the carrier, and frachtujący does not pay in advance the entire freight or does not provide security.

§ 2. In the event of withdrawal from the contract by the carrier cargo lands at the expense of the i.s.o., and the carrier may demand the payment of half of the agreed freight and any sums expended on the cargo.

Article. 162. [General principles of withdrawal] § 1. Any party may withdraw from the contract without any obligation to compensate for the injury, on the other hand, if, before leaving the vessel from the place of loading: 1) war threatens danger to the ship or the cargo or announced blockade the port, where the ship is situated, or the port of destination of the cargo;

2) stopped the ship on order of authorities for reasons independent of the parties;

3) addressed the ship for the needs of the public;

4) issued a ban on the export from the place of loading or prohibition of the transport to the place of destination of the cargo.

§ 2. In the event of withdrawal from the contract due to circumstances provided for in § 1 the costs of unloading shall be borne by the party that withdraws from the contract.

§ 3. Due to circumstances provided for in § 1 any party may withdraw from the contract also during the journey. In this case, the frachtujący pays the freight distance and shall bear the cost of discharge.

Article. 163. [the termination of reciprocal obligations] § 1. The mutual obligations of the Parties shall expire, if after conclusion of the contract, and before leaving the vessel from the place of loading for reasons for which none of the parties is not responding: 1) indicated in the contract was lost, he was taken as booty or suffered an accident, which has become unsuitable for repair or her children friendly, or 2) load individually marked in the contract was lost.

§ 2. If the circumstances provided for in § 1 occurred during the journey, the carrier retains the right to the distance freight, if an accident has a ship, and a whole load of survived, the right to part of the freight from the part of the cargo, ocalonej per spacer, if an accident has a load.

Article. 164. [Obligation of custody-laden] Termination of the contract of carriage does not exempt the carrier from the obligation of custody.



Chapter 9, the liability of the carrier Article. 165. [the carrier's liability] § 1. Carrier is liable for damage resulting from loss of or damage to cargo at the time of the adoption of it for transportation until the release of it to the recipient.

§ 2. The carrier is free from liability if the damage occurred as a result of: 1) an act or omission by the master, the other crew members, pilot or persons employed by the carrier in the navigation or the administration of the ship;

2) fire, unless it arose from an act or fault of the carrier;

3) danger or accidents at sea or navigable waters;

4) force majeure;

5) warfare, enemy action and good public order, internal disturbances or riots;

6) of the Act or coercion on the part of the authority or judicial activities;

7) restrictions arising from quarantine.

8) strike, lock-out or other circumstances wstrzymującej or limit working wholly or partly;

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

10) latent defect, the natural properties of or deficiency in the cargo in it, causing the loss of volume or weight or any other loss;

11) the inadequacy of the packaging;

12) the inadequacy or inaccuracy of the characters of the cargo;

13) latent defects not noticed despite due diligence;

14) an act or omission of the shipper, consignee or or i.s.o. their agent or another of their representative;

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

Article. 166. [compensation] § 1. Compensation for loss of cargo shall be determined according to the usual value of the cargo, and compensation for damage to the cargo, according to the difference between the normal value of the cargo intact and its value in a damaged state.

§ 2. For the purposes of determining the amount of compensation is a valid value of the cargo from a place and at a time where it was or should have been unloaded from the ship in accordance with the contract of carriage. This value is determined by the price of the stock exchange, and in its absence, according to the current market price; If both price cannot be determined, the value of the load is determined by comparing it to the value of goods of the same kind and quality.

§ 3. If the value of the cargo was declared before it is loaded by the shipper and indicated in the Bill of lading or other document, on the basis of which is the carriage, compensation does not exceed the declared value of cargo. Declaration by the shipper exposed in the Bill of lading as to the nature and value of goods creates a presumption that the carrier may rebut the proof of the opposite.

§ 4. From the amount of compensation shall be deducted what the recipient as a result of loss or damage to the cargo saved on frachcie, on duty and other costs.

Article. 167. [Bill of lading cargo value nieokreślający] § 1. In the carriage on the basis of the Bill of lading, in which the value of the cargo was not exposed, compensation for loss of or damage to a single piece of cargo or other customary in trade adopted units of cargo shall not exceed the amount calculated according to the principles laid down in the International Convention for the unification of certain rules relating to the konosamentów, signed in Brussels on 25 August 1924 (Journal of laws of 1937, # 33 , item. 258, enter: OJ from 1936, Nr 15, poz. 139, 1937, No. 33, item. 259), as amended by the Protocol done at Brussels on 23 February 1968 (OJ 1980 no. 14, item 48) and the Protocol done at Brussels, 21 December 1979 (OJ 1985, no. 9, item 26).

§ 2. To the creditor, you established a lower limit of liability of the carrier from the specified pursuant to paragraph 1, the carrier shall be liable to the extent that the lower limit of liability.

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

§ 4. The carrier may not use the limitations of liability provided for in paragraph 1, if it is proved that the damage resulted from an act or omission of the carrier, which has committed on or with the intent to cause damage, or by following recklessly and with knowledge that damage would probably occur.

Article. 168. [exclusion of liability the carrier] § 1. The carrier is free from liability for any damage to the cargo, or cargo, if the nature or value of the shipper intentionally misrepresents declared.

§ 2. In the carriage on the basis of the Bill of lading a provision § 1 shall apply only where such declaration by the shipper was entered in the Bill of lading.

Article. 169. [Prohibition limiting the carrier's liability] § 1. In the carriage on the basis of the Bill of lading invalid is a contractual provision that excludes or limits the liability of the carrier resulting from the article. 110, 165 and 167.

§ 2. If the Bill of lading has been issued on the cargo transported on the basis of the Charter agreement, the provision in § 1 shall apply from the moment of transfer of the Bill of lading to a third party.

§ 3. The agreement of the parties can determine the carrier's liability otherwise than is apparent from paragraph 1:1) for the time from the receipt of goods for carriage up to start loading it onto the ship and from the end of the discharge until the release of the cargo;

2) adopted for the transport of live animals;

3) cargo transported in accordance with the agreement on board the vessel.

Article. 170. [reference to limitation of liability carrier's statutory] § 1. Subordinate carrier and a person other than an independent contractor, which means the carrier performs the obligation, as well as the person entrusted with the execution of the obligations may rely on the rights of the carrier release and limitations of liability.

§ 2. Exemptions and restrictions, as referred to in § 1, shall not, if it is proved that the damage resulted from an act or omission by those people who have committed one or with the intent to cause damage, or by following recklessly and with knowledge that damage would probably occur.

§ 3. The total amount of damages is imposed on the carrier and the persons mentioned in § 1 shall not exceed the amount provided for in article 4. 167, paragraph 1.

Article. 171. [application of the exemptions and limitations of liability] exemptions and limitations of liability provided for in article 5. 165-170 shall apply regardless of whether a claim arises from contractual or non-contractual liability.



SECTION II Article for the carriage of passengers. 172. [passenger transport] § 1. By a contract of carriage the carrier shall undertake to carry the passenger by sea for a fee and your baggage.


§ 1a. To the contract of carriage the passenger maritime code shall apply to the extent not regulated in the regulation of the European Parliament and of the Council (EU) No. 1177/2010 of 24 November 2010 on the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ. EU L 334 of 17.12.2010, p. 1, as amended. d.).

§ 2. The carrier, which has a contract to carry you, or on whose behalf it was included (contracting carrier), may entrust the performance of the contract, in whole or in part to another carrier, the owner of the ship, its operator or charterer (actual carrier).

§ 3. The fee also includes portable handheld stuff a passenger carried typically indoors.

Article. 173. [passenger ticket] § 1. Released passenger ticket is evidence of the contract of carriage and pay a fee for carriage.

§ 2. Passenger ticket may be registered or bearer.

§ 3. The passenger may not without the consent of the carrier to move to a third roll of the passenger ticket.

Article. 174. [conditions of carriage] § 1. Conditions of carriage specifies the agreement.

§ 2. The passenger is obliged to comply with the order applicable on the ship, and to perform any order.

Article. 175. [refund of fares] § 1. The passenger may claim the refund charges for the carriage, if made known to the carrier at least seven days before the announced date of departure that withdraws from the contract. The carrier may stop the amount not exceeding 1/4, if before the start of the journey did not sell the ticket to another passenger.

§ 2. The subsequent withdrawal of the passenger from the contract or its failure to ship on a timeshare basis prior to the commencement of the travel, and during the trip – the marked time before the end of the stoppage, does not give rise to a claim for reimbursement of the fee for carriage.

Article. 176. [obligation to refund] § 1. The carrier is obliged at the request of the return in whole fee for carriage, in the event of the death of the passenger prior to travel, if the carrier was about the death of a passenger notified no later than 3 days before the commencement of the travel.

§ 2. If the death of a passenger occurred during the journey or if the disease prevented him from continuing the journey shall be reimbursed only part of the fares on the cost of living, which have not used.

Article. 177. [a withdrawal from the contract by the passenger] § 1. The passenger may withdraw from the contract and claim the refund charges in full, when the trip was canceled or its start was delayed by more than 90 minutes.

§ 2. The carrier gets a fee for carriage within 7 days from the date of filing of the request.

Article. 178. [a withdrawal from the contract by the carrier] § 1. If the carriage is to be a ship other than a passenger, the carrier may prior to the commencement of the travel to withdraw from the contract of carriage, when the trip without his fault there is no effect; a passenger, you must return the entire fare.

§ 2. Of the causes referred to in § 1 the carrier may at the time of travel to withdraw from the contract of carriage other than by boat. At the request of the passenger, the carrier is obliged to pay him part of the fees for the missed portion of travel or, at your expense, carry the passenger to the destination, the first available boat or another means of transport. The fee was ruled a part of the journey article 12 shall apply. 177 section 2.

Article. 179. [General principles of withdrawal] § 1. Any party may withdraw from the contract due to the outbreak of war imminent danger, the lock at the port of departure or destination, detention on the order of the authority or other such obstacles in the start or continuation of the journey.

§ 2. No matter which party withdrew from the contract for reasons mentioned in § 1, the passenger return fares in its entirety, if waived the contract prior to the commencement of the travel, and if it was abandoned during the trip – part of the calculated relative to that you didn't by the passenger part of the journey.

Article. 180. [termination of the contract of carriage] § 1. The contract of carriage is terminated, if for reasons for which none of the Parties shall not be responsible or liable, the ship was lost, sunk, was taken as booty or suffered an accident, which has become unsuitable for repair or her children friendly.

§ 2. If the contract of carriage has been a solution for the reasons set out in paragraph 1, the carrier is obliged at the request of a passenger ask him all or part of the fees for the missed part of the journey. The fee was ruled a part of the journey article 12 shall apply. 177 section 2.

Article. 181. [the carrier's liability] § 1. The carrier is liable for damage to a passenger, and for damage to your baggage in accordance with the provisions of the Athens Convention relating to the carriage of passengers and their luggage by sea, done at Athens on 13 December 1974 (OJ 1987 No. 18, item 108), hereinafter referred to as "the Athens Convention", as amended by the Protocol done at London on 19 November 1976 (Journal of laws of 1994 No. 99 , item. 479). § 1a. Provision in § 1 shall not apply to the services referred to in article 1. 2 the first sentence of regulation of the European Parliament and Council Regulation (EC) no 392/2009 of 23 April 2009 on the liability of carriers of passengers by sea waterways accidents (OJ. EU L 131 of the 28.05.2009, p. 24), hereinafter referred to as "Regulation (EC) no 392/2009".

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

§ 3. The provisions of the Athens Convention shall apply mutatis mutandis to the transport of persons, with the consent of the carrier travels without charges or under a contract other than a contract of carriage of the passenger.

Article. 182. [obligation insurance] § 1. The carrier that undertakes the carriage of any passenger ship about belonging, is obliged to have a liability insurance for damage to person or property or to the amount of the sum referred to by applying the limits of liability of the carrier provided for in art. 7 and art. 8 of the Athens Convention, subject to article 22. 182A § 1.

§ 2. The obligation, referred to in § 1, also applies to the carrier that undertakes the carriage of a ship at a foreign affiliation, if the carriage is performed on the territory of the Republic of Poland or Polish ports.

§ 3. Proof of fulfilment of the carrier's obligation referred to in paragraph 1 and 2, it is policy or insurance certificate stating the conclusion of the insurance contract. Such a document should be kept on the ship and presented at the request of the inspection bodies.

§ 4. The ship of the Polish group membership may not be used in shipping, if you do not have insurance or the insurance certificate, referred to in § 3.

§ 5. A foreign ship belonging can not enter the territory of the Republic of Poland, or leave it, if it does not have a policy or certificate of insurance referred to in § 3.

Article. 182A. [liability insurance for damage to person or property or passenger] § 1. Carrier who actually performs the, ship authorized to carry more than 12 passengers, all or part of the carriage referred to in art. 2 the first sentence of Regulation (EC) no 392/2009, must have insurance or other financial security liability for personal injury or to property, in the amount not less than that specified in art. 4A paragraphs 1 and 2. 1 of annex I to this Regulation (insurance liability for personal injury or to the property of the passenger).

§ 1a. [1] a provision of paragraph 1 shall not apply to carriage on board ships of class B.

§ 2. Insurance or financial security referred to in paragraph 1, should be established for personal injury liability insurance certificate or to the property of the passenger.

§ 3. Certificate of liability insurance for damage to person or property, it seems or certifies: 1) to the carrier performing the carriage actually ship about belonging, at his request, the Manager of the maritime authority competent for the home port of the vessel, 2) to the carrier performing the carriage actually ship with a foreign affiliation, at his request, the Manager of the maritime authority-when satisfied that it meets the requirements referred to in article 1. 3 Regulation No 392/2009.

§ 4. A copy of the issued or certified the certificate of liability insurance for damage to person or property or passenger maritime authority Director submits: 1) the authority conducting the register in which the ship referred to in § 3, paragraph 1, is registered;

2) the competent authority of the Member State of registration of the ship referred to in § 3, paragraph 2.

§ 5. The ship of the Polish membership entitled to carry more than 12 passengers cannot be used in shipping, if does not have a certificate of liability insurance for damage to person or property, or his credentials.

§ 6. A foreign ship belonging authorized to carry more than 12 passengers can enter or leave the territory of the Republic of Poland, if it does not have a certificate of liability insurance for damage to person or property, or his credentials.


§ 7. Certificate of liability insurance for damage to person or property, or his credential be issued in Polish and English.

§ 8. Certificate of liability insurance for damage to person or property, or the attestation shall be issued for a period that has been established by insurance or other financial security. If insurance or other financial security has expired before the expiry of the period for which it was established, the carrier is obliged to notify the Director of the Office, which issued or certified the certificate of liability insurance for damage to person or property.

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

§ 10. Certificate of liability insurance for damage to person or property, or its credential will expire in the event of the expiry of the insurance or other financial security, for which they were released. Certificate of liability insurance for damage to person or property, or its certificate expired should be returned to the Director of the maritime authority within 14 days from the date of expiration.

§ 11. The ship of the Polish membership of up State ownership, the Manager of the maritime authority competent for the home port of the vessel shall issue a certificate in accordance with the requirements of art. 4A paragraphs 1 and 2. 15 Annex I to Regulation (EC) no 392/2009.

§ 12. Certificate of liability insurance for damage to person or property or the property of the passenger and the certificate shall be kept on board, subject to article 22. 4A paragraphs 1 and 2. 14 of annex I to Regulation (EC) no 392/2009.

§ 13. Compliance control of insurance and other financial security liability for damage to person or property or the passenger shall have the directors of offices.

Article. 182b. [fees for the issue or certificate credential liability insurance for damage to person or property or passenger] § 1. The Manager of the maritime authority gets the following charges: 1) for the issue of a certificate of insurance liability for personal injury or to the property of the passenger – the equivalent in Gold 30 euro;

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

§ 2. The conversion of the equivalent of the euro in gold shall be made according to the average exchange rate announced by the Polish National Bank, on the appropriate request issuance or certificate credential liability insurance for damage to person or property.

§ 3. The fee referred to in paragraph 1, shall constitute revenue of the State budget.

Article. 182c. [Delegation] the competent Minister of maritime economy shall determine, by regulation, conditions and procedure for issuing the certificate and insurance liability for personal injury or to property, referred to in article 2. 182A § 2, and the certificate referred to in article 2. 182A § 11, whereas the pattern specified in Regulation (EC) no 392/2009 and the content of the IMO guidelines forming annex II to that regulation.

Article. 183. [right of lien on your baggage] section 1. The carrier serves on, until released it to the passenger, the statutory right of lien on the collateral claims from the contract of carriage.

§ 2. The carrier may stop the baggage until the satisfaction or securing their claims.

Article. 184. [Failure of the baggage] niepodjętego baggage by passengers or by the authorized consignee shall apply mutatis mutandis the provisions of article 4. 150-152.

Article. 185. [notification of the accident] § 1. In the event of bodily injury or health disorder, the passenger is obliged to, as far as possible, without delay, inform the carrier about the accident that it has caused. In addition, the passenger is obliged to submit its claim to the carrier in writing no later than within 15 days of disembarkation.

§ 2. It is presumed that a passenger who has not fulfilled the obligations laid down in paragraph 1, he graduated from the trip well and all.

Article. 186. [limitation of claims] claims to titles other than those referred to in the Athens Convention and Regulation (EC) no 392/2009 shall lapse at the end of 2 years from the date of maturity.

Article. 187. [person travelling without the consent of the captain] § 1. The person travelling without the consent of the master of the vessel shall pay double the fee for your actual travel.

§ 2. The master may at the earliest opportunity to blow up this person or her pass on a ship sailing to the port from which the person came to the ship; Captain grant at the same time to the competent authority of any known information about the nationality of the person, the port, which is on the ship, and on the circumstances of the discovery of her on the ship.

§ 3. The steps taken pursuant to § 2 shall not exempt the person undergoing a journey without the consent of the master of the vessel from the obligation to pay double charges for your actual travel.



SECTION III of the Charter at the time Article. 188. [Charter on time] § 1. By the time charter agreement the Company undertakes for reward to give czarterującemu to dispose of the ship cast crew on marked time or for a period of one or more consecutive trip to a specific contract.

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

Article. 189. [Podczarter] paragraph 1. Within the limits of the powers referred to the agreement the bareboat charterer may conclude an agreement time Charter with a third party (podczarter); However, this does not relieve the charterer from the obligation to perform the contract with the company.

§ 2. In the case provided for in § 1 the provisions of this chapter governing the rights and obligations of the company shall apply mutatis mutandis to a person maintains the ship in podczarter.

Article. 190. [change the owner of the ship] § 1. Change the owner of the ship has no effect on the time charter agreement.

§ 2. In the event of changes to the company during the period time Charter new company joins under the law in the ratio of the time Charter in place of its predecessor; predecessor, however, corresponds to jointly and severally with the successor for the obligations arising from the Charter agreement on time.

Article. 191. [Putting the ship at the disposal of the] § 1. The company, which has entered into an agreement time Charter, must on appointment to give czarterującemu to dispose of the ship in seaworthy condition, duly equipped, manned the right crew and adapted for the purposes provided for in the agreement.

§ 2. The company is obliged to maintain a vessel for the duration of the Charter in the State specified in § 1, to pay the crew and ensure its rightful benefits.

Article. 192. [the Charter fee exemption] § 1. Charterer is free from the obligation to pay the owner Charter fee for the period of the vessel to the unserviceability operation due to deficiencies or damage the ship or as a result of insufficient crew or deficiencies in the supplies; During this period the bareboat charterer is free from the obligation to bear the cost of operation of the vessel.

§ 2. If the ship unfit for operation resulted from causes attributable to the charterer, the shipowner should be arranged a Charter fee regardless of the damages caused by the fault of the charterer.

Article. 193. [Having the ship] § 1. The bareboat charterer may dispose of the entire space of the vessel intended for the carriage of cargo and passengers.

§ 2. Without the consent of the charterer of the ship owner must not in any part of the ship, even if unoccupied by the charterer, carry on your account the cargo or passengers.

Article. 194. [the rights and responsibilities of the master and crew] § 1. During the period of the contract time Charter captain and other crew members remain the subordinates of the shipowner and are obliged to adhere to its guidelines.

§ 2. In the operation of the ship's captain is by law representative of the charterer and should follow his commands.

§ 3. For liabilities incurred by the captain to the extent indicated in § 2 the company shall be jointly and severally liable with the charterers, unless the captain declared when taking out commitments that acts on behalf of the charterer.

Article. 195. [remuneration for salvage] of the remuneration to the ship for salvage during the period time Charter shall be deducted first amount to cover any damage caused by a major contributor, and then share in the earnings attributable to the crew. The rest of the remuneration shall be divided in equal parts between the shipowner and the charterer.

Article. 196. [cancellation by the charterer] the bareboat charterer may withdraw from the contract in the event of a delay in giving him a ship to dispose of. Czarterującemu should be in addition, compensation, unless the company proves that the delay occurred for reasons for which no responsibility.

Article. 197. [General principles of withdrawal] any party may withdraw from the contract time Charter, if as a result of the outbreak of war, riot or orders of the authorities to achieve the purpose for which the contract has become impossible, and change those facts in a reasonable amount of time is not likely.

Article. 198. [termination of the Charter] § 1. Time charter agreement is terminated, if the ship was lost, sunk, was destroyed or injured, which has become unsuitable for repair or her children friendly.


§ 2. In cases where the time charter agreement ends on other than a prearranged, charged a Charter should be the date on which the charterer had. In the event of the disappearance of the vessel charter fee to the date from which the last post about the ship.

Article. 199. [limitation of claims] claims arising from the contract time Charter barred over two years from the date on which the agreement has expired.

Article. 200. [non-application of the provisions of the Act] the provisions of this chapter do not apply to Charter contracts of carriage in which the charge of the carrier is determined by unit of time.



SECTION IV Agency services Article. 201. [agency agreement] By agency agreement maritime agent undertakes for reward of the permanent representation of the shipowner in the specified port, or to a specific area.

Article. 202. [Powers of the marine Agent] § 1. A marine agent is authorized to make, on behalf of the owner of ordinary activities related to having.

§ 2. In particular, the maritime agent is authorized to act on behalf of the shipowner to offices and managers sea ports, to get things done for the ship acts and adopt representations coming, stop and the ship, to conclude on behalf of the owner of transport contracts, the marine insurance contracts and handling and storage, to issue konosamentów, to receive and pay any charges relating to the wrapping of the ship in port and the carriage of cargo or passengers, and to take on behalf of the shipowner claims arising from contracts of carriage and maritime accidents.

§ 3. At the conclusion of the agreement on behalf of the company the agent may also act on behalf of the other Contracting Party, if the owner gives his consent.

Article. 203. [surpassing attachment] if the agent, by making the legal action on behalf of the company exceeds the limits of his restraints, this action involves the company anyway, unless immediately after receiving news of the activities stated on the other side, that does not confirm the action agent.

Article. 204. [Responsibilities of the marine Agent] maritime Agent should: take care of the interests of the company, to follow his commands and Tips provide him immediately needed messages about the progress of the case clear to the amounts collected and disbursed, and take action in order to safeguard the rights of the owner.

Article. 205. [remuneration of the marine Agent] § 1. The amount of remuneration of the marine agent specifies the agreement, and in the absence of a remuneration of agent must be adopted in relations of that type.

§ 2. The company is obliged at the request of the agent to give him appropriate advances to cover the costs of activities related to stop the vessel in the port.

§ 3. Settlement agent and the company payment of claims should be made every 3 months at the end of the calendar quarter, and in any event should be made upon termination of the contract.

Article. 206. [termination and withdrawal from the contract the Agency] § 1. Each party may for 3 months forward to denounce the agency contract concluded for an indefinite period.

§ 2. Each party can an important reason to withdraw from the contract without delay, but not later than within 2 weeks from the date on which it became aware of the cause.

Article. 207. [limitation of claims] claims under the agency contract shall lapse at the end of two years from the date of maturity.



Section V of brokerage services Article. 208. [Service Broker] § 1. A marine broker shall be paid, on the basis of the respective order, mediating in conclusion of contracts for the sale of ships, transport contracts, time Charter, towing contracts, insurance contracts and other agreements related to turnover.

§ 2. The order may include running errands for a ship of any of the operations of his coming, stop and exit, as well as other activities belonging to the scope of the agent. These activities shall apply mutatis mutandis the provisions of the agency agreement.

Article. 209. [Agreement of an order] an order of mediation involves empowering a broker to the conclusion of the contract and requested to receive payment on behalf of the principal, unless it contains a clear restriction where the other party knew.

Article. 210. [Steps for both Contracting Parties] Broker sea may take steps to both Contracting Parties, if granted him the order. However, it is obliged to notify any party take steps also to the other hand and in mediating should have regard to the interests of both parties.

Article. 211. [remuneration broker (Commission)] § 1. For mediation in the conclusion of the agreement should be to a broker fee (Commission) only when the contract is concluded as a result of his treatment.

§ 2. The wages of a Broker determines the contract, and in its absence you must make to a broker remuneration adopted in relations of that type.

Article. 212. [Accounting of assigned amounts] Broker is obliged to settle any amounts entrusted to him immediately after the execution of the order.

Article. 213. [limitation of claims] Claims arising from the relationship between the broker and allowing order shall lapse at the end of the 2 years from the date of maturity.



SECTION VI of the towing services Article. 214. [Agreement tow] § 1. By the agreement the tow company undertakes for reward to provide ship towing services.

§ 2. The towing services means in particular towing or pushing a vessel, dopychanie, pumping, holding a ship or another help in carrying out the maneuver, as well as being a tug on standby near the ship in order to serve him with the tow (tow assistance).

Article. 215. [towing Team] § 1. Towing unit incurred at the moment when ready for implementation by its composition of the ships required maneuvers at the behest of the hauling Team Manager, and resolves upon the implementation of the last maneuver in and out of the safe distance.

§ 2. The management of the navigation team belongs to the master of the ship towing towed, unless the contract or the circumstances of the otherwise.

Article. 216. [Provide the towing vessel] § 1. The company, which undertook the provision of towing services, is obliged to accommodate the prearranged time and place of the towing vessel suitable to perform the agreed services, duly equipped and manned.

§ 2. Towing services should be provided with efficiency, which require the circumstances, without interruption and delay and in accordance with the principles of good practice.

§ 3. The ship which is under the direction of the other vessel's captain navigation is not exempt from the obligation to ensure the safety of the towing Assembly and safety of navigation.

Article. 217. [remuneration] the amount of remuneration for the towing services specifies the agreement, and in the absence thereof should be called its seagoing tug equitable remuneration.

Article. 218. [liability] § 1. The ship, whose captain has navigation management team is responsible for towing damage caused to another vessel attached to the band and to persons and things on the ship, unless it proves that the damage is the consequence of circumstances for which no responsibility.

§ 2. The ship which is under the direction of Captain navigation second ship is liable for damage caused with his fault to another ship attached to the band and to persons and things on this ship.

Article. 219. [limitation of claims] claims arising from the contract of towage shall lapse at the end of 2 years from the date of completion of towing services.



SECTION VII pilot Services Article. 220. [pilot Service] pilot Service is the award of the master of information and of the Council in the conduct of the vessel because of the navigation conditions of the waters on which the service is provided.

Article. 221. [Obligations of the master of the vessel] § 1. The remote control will remain in the time piloting the ship under the guidance of the master of the vessel piloted.

§ 2. The master of the vessel is obliged to give the pilot any information concerning the Navigation properties of the ship.

§ 3. Using the services of a pilot does not relieve the captain from responsibility for the management of the ship.

Article. 222. [Pilot voluntary and mandatory] § 1. Pilot services are provided in a pilot voluntary or mandatory.

§ 2. Pilotage is compulsory, if required by the conditions of maritime safety, on the terms specified in separate regulations.

Article. 223. [pilot Agreement] § 1. Pilot service in piloting a voluntary or mandatory is based on pilot contract concluded by the shipowner with the trader providing the service pilot.

§ 2. The remuneration for the services of a pilot to fly a voluntary and compulsory define the parties in the agreement, the pilot mandatory maximum fees pilot determines the tariff.

§ 3. The pilot while on the ship pilot, you must correct the room and Board, if the circumstances so require.

Article. 224. [the shipowner's Liability for damage] the shipowner liable to third parties for damage caused by remote control, for the provision of pilot services as for damage caused by a member of the crew of the ship.


Article. 225. [the responsibility of the pilot to the shipowner] § 1. The pilot is responsible to the company for damage caused with his guilt for the provision of pilot services.

§ 2. The responsibility of the pilot to the shipowner for damage caused in the performance of the contract for the pilot service is limited to an amount equal to the 20 pilot fee payable for pilot service, at the time of the provision of which the damage occurred.

§ 3. Limitation of liability pursuant to § 2 shall not be entitled to the pilot, if caused damage intentionally or by gross negligence.

§ 4. To a foreign creditor, you established a lower limit of liability of the pilot referred to in § 2, the pilot is responsible to the extent that the lower limit of liability.

Article. 226. [limitation of claims] Claims of pilot service contracts expire at the end of 2 years from the date of termination of provision of the service.

Article. 227. [list of pilots] pilot Service can be provided only by the pilot of the UNESCO-protected pilots carried out by the competent maritime authority Director. In the list of pilots may be holders of valid evidence of qualified pilot.

Article. 228. [entry on the list of pilots] § 1. For a list of pilots is part of the person concerned at his request, if it meets the eligibility requirements set out in separate provisions.

§ 2. The Director of the Office of marine remote control is deleted from the list of pilots in the event of an incident one of the following circumstances: 1) the death of the pilot;

2) application pilot;

3) assigned losing qualification requirements;

4) loss of the right of occupation of the pilot by a final judgment of the Chamber, court or other competent authority.

5) (repealed) § 3. If the proceedings of the pilot threatens the safety of marine, the Director of the maritime authority may limit or suspend the powers of the pilot to pilot services for no longer than 3 months, if preventive considerations so require. The decision in this case, the Manager of the maritime authority may refer the pilot for additional training.

Article. 229. [the pilot] § 1. Pilot services in pilot mandatory or voluntary in the pilot regions and in piloting a voluntary territorial sea and other waters of the Baltic Sea (the piloting the offshore) organize and coordinate pilot stations.

§ 1a. Pilot station is organized a team of intangible and material components designed to provide pilot services by people with qualified pilot, in a specific part of the Polish marine internal waters and redach seaports (the pilot), or the territorial sea and other waters of the Baltic Sea.

§ 2. Pilot station creates and removes, by a decision, the competent minister of Maritime Affairs, in the case of: 1) pilot in the pilot – at the request of the Director of the competent maritime authority for a specific area of the pilot, 2) piloting a seagoing-on a proposal from the Director of the maritime authority in Gdynia or the Director of the Office in Szczecin proper due to the port of destination or port of departure of the vessel using the pilot a seagoing-specifying requirements they must meet the pilot station, whereas the specified pilot area and the need to ensure the safety of navigation in the area or in the territorial sea and other waters of the Baltic Sea, as well as the need to ensure the proper implementation of the pilot services.

§ 3. The Manager of the maritime authority seems to operating regulations pilot station after consulting the Organization socio-professional pilots.

Article. 230. [cost of living pilot station] § 1. The costs of maintaining the pilot station shall be borne by the undertaking referred to in article 2. 223 section 1.

§ 2. The competent Minister in charge of Maritime Affairs in consultation with the Organization of socio-professional pilots shall determine, by regulation, the tariff maximum fees for services provided in the pilot specific ports in the compulsory pilotage and download them. Tariff should take account of the terms of service pilot in ports.



SECTION VIII Rescue marine Art. 231. [marine Salvage] maritime Salvage within the meaning of the provisions of this chapter is to give assistance to a ship in distress on any waters and rescue located on it or with it originating in the property, as well as the rescue of other property located at sea and that permanently and deliberately with the coast.

Article. 232. [remuneration for marine rescue] § 1. For marine rescue, you must pay.

§ 2. You must also pay for freight and charges for the carriage of passengers and baggage.

§ 3. Remuneration should also be considered salvage sea granted inland waters by the sea-going vessel inland waterway vessel or wodnosamolotowi.

§ 4. The salary should be, even marine salvage occurred between vessels of the same shipowner.

Article. 233. [the lack of remuneration] subject to the provisions of art. 241 § 1 and 3, it is not consideration for the rescue, which could not useful result.

Article. 234. [Emergency Action against opposition] has no right to compensation of those who undertook the rescue action, contrary to the clear and justified opposition of the shipowner or the master of the vessel or the owner of the other property in danger, which is not and was not on board.

Article. 235. [the grant of exceptional services] Who based on contract undertook the piloting of the vessel, towing services or other services to the vessel, is entitled to remuneration for salvage, the vessel was then in danger, if granted him exceptional services that go beyond the scope of the implementation of the agreement by the contract.

Article. 236. [agreement on salvage] § 1. The provisions of this chapter shall apply to any rescue operation, unless the contract is clear.

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

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

§ 2. A party may request a cancellation or amendment to the agreement on the rescue, if the agreed remuneration is disproportionately high or low.

Article. 238. [duties of the salvor, the owner and the master of the vessel] § 1. Treasure hunt is obliged: 1) emergency action with due diligence;

2) take due diligence in order to prevent injury or reduce its size;

3) seek the assistance of other life-saving, when the circumstances so require, and to accept their help on the reasoned request of the shipowner or the master of the vessel or the owner of the other property in danger outside the ship; This may not, however, affect the amount of his salary if you determine that such a request was unfounded.

§ 2. The owner and the master of the vessel and the owner of the other property in danger and outside the boat are required: 1) operate with emergency treatment during the rescue efforts;

2) take due diligence in order to prevent injury or reduce its size;

3) on reasonable request salvor to take over the vessel or other property in your care, when included in a safe place.

Article. 239. [remuneration] § 1. In the absence of agreement, the remuneration shall be determined, taking into account the following circumstances, regardless of the order in which they are listed: 1) the value of the vessel and other property the victim;

2) skills and life-saving efforts in order to prevent injury or reduce its size;

3) achieved the result of rescue;

4) the nature and degree of danger;

5) skills and life-saving efforts in order to save the vessel, other property and life;

6) time spent on the life-saving and incurred by the damages and expenses;

7) liability risks and other hazards that threatened the emergency treatment and their equipment;

8) the immediate provision of services;

9) specific adaptation of the ship salvor and other equipment to the rescue;

10) State of the equipment used by the salvor and its value.

§ 2. In determining the amount of remuneration shall be taken into account also the need to create incentives to undertake rescue operations.

§ 3. Remuneration may be denied or reduced if the safety of its fault has caused the need for or hindrance to rescue at sea, or in connection with it is guilty of fraud or other dishonesty.

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


§ 2. To determine the value of property saved a valid is its normal value where there were after rescuing, and if the property is sold – the price obtained from the sale, in both cases after deduction of obligations on the property and the cost of contributions rescued its behavior, estimate or sales.

§ 3. Persons whose property has been salvaged, correspond with the title claims for reward for the salvage in proportion to the value of property saved.

Article. 241. [Rescue before the injury in the environment] § 1. For saving the ship or cargo, imminent injury in the environment should be ratującemu from the shipowner return its expenditure, unless it was able to pay for saving the property at least equal to the amount of those expenses.

§ 2. Within the meaning of the provisions of this chapter the damage in the environment means the physical damage caused to life or human health, marine life or resources in coastal or inland waters and in areas adjacent to them, caused by pollution, contamination, fire, explosion or similar serious event.

§ 3. If saving the property has prevented the damage or reduced its size, performance, referred to in paragraph 1 may be increased, but not more than 30%; in exceptional cases, the Court may increase them over this border, but not more than 100% of the expenditure incurred by the salvor.

§ 4. Salvor expenditure include the actual expenditure incurred on purpose and the right staff and equipment allowance actually and intentionally used to conduct rescue operations, taking into account in determining the amount of the criteria enumerated in article 2. 239 § 1 paragraph 8, 9 and 10.

§ 5. The provision referred to in § 1 and 3, ratującemu only if it would be higher than the salary for saving property, and only to the extent it above.

§ 6. The provision referred to in paragraph 1, may be denied or reduced if the safety of his guilt could not prevent the damage in the environment or reduce its size.

§ 7. Shipowner, that will meet the provision referred to in § 1 and 3, shall be entitled to claim back against the person responsible for causing the environmental hazards, or potentially causing damage.

Article. 242. [payment of remuneration] § 1. People rescued are not obliged to pay any compensation for their salvation.

§ 2. Ratującemu human life should be the right one part of remuneration attributable for saving property and part of the benefits referred to in article 2. 241 § 1 and § 3, if its operation rescue has been in an accident, which required the rescue to property or the environment.

Article. 243. [grant of rescue by a few life-saving] If rescue has several life-saving, each of them has the right to the relative part of the remuneration; It specifies the contract between national economic rescue. In the absence of agreement, each of the life-saving can request payment attributable to the part of the remuneration, the amount of which is determined by the appropriate application of article 2. 239. Article. 244. [the Division of remuneration] § 1. The remuneration payable to a ship for rescue at sea is divided 50-50 between the shipowner and the crew after deduction of the damages suffered by the ship and the expenditure and loss of the shipowner and the crew caused by emergencies. If the rescue was not carried out from the ship, remuneration is shared between the salvor and persons employed by him, by applying appropriate rules concerning the allocation of salaries between the shipowner and the crew.

§ 2. Provision in § 1 shall not apply to remuneration for salvage operations carried out by rescue workers and vessels of the Navy, border guards and police.

§ 3. The Division of part of the remuneration for the marine rescue per crew should take into account their personal contribution to the rescue. The project Division shall draw up the shipowner. Part of the master should not be less than 30%.

Article. 245. [Security claims for salvage] § 1. For security claims for sea rescue, the debtor is obliged to establish appropriate security.

§ 2. The owner who escapes the ship is obliged to take all necessary measures to ensure that owners of cargo securing the claims against them for rescue, before the cargo is released.

§ 3. In respect of claims of compensation for marine rescue and claims for reimbursement of costs incurred for the behavior, and sale of ratującemu have a lien on the property, rescued, and the things covered by it having in connection with salvage-right stop until the deposit by debtor protection.

Article. 246. [limitation of claims] claims for reward for the salvage of marine or for payment of benefits referred to in article 2. 241 § 1 and § 3, barred over 2 years from the date of completion of the rescue.

Article. 247. [Rescue rigs] the provisions of this chapter shall not apply to rescue rigs when they are used in order to seek or obtain the mineral resources of the seabed.

Article. 248. [rescue Actions Government and local administration] the provisions of this chapter shall apply to controlled or rescue efforts organized by bodies of Government and local administration.

Article. 249. [vessels of the Navy, border guards and police] § 1. The provisions of this chapter shall apply mutatis mutandis to vessels of the Navy, border guards and police.

§ 2. (repealed)



TITLE VII of Maritime Accidents and the failure of the common Art. 250. [common Failure] § 1. Failure of the joint are extraordinary sacrifice or expenditure incurred deliberately and reasonably in order to save the ship, cargo on it carried and freight from the common danger for them.

§ 2. The failure of the common includes only those losses that are a direct consequence of the failure of the Act. Indirect losses, such as losses from downtime or price difference, not to crash.

Article. 251. [Outlook extraordinary] extraordinary Expenditure incurred instead of expenditure, which would be subject to the completion of the common failures are classified as common failure, but only up to the amount of the expenditure of the replaced.

Article. 252. [Loss failure common] § 1. Loss of failure common splits between the ship, cargo and freight in relation to their actual value in the place and time of the end of the tour. Charged for the carriage of passengers and their baggage is matched with freight.

§ 2. Loss of joint failure shall be distributed pursuant to § 1, even a danger that resulted in extraordinary sacrifice or expenditure is caused by any of the participants in the joint failure or by a third party. However, the separation of the loss does not deprive the participant failure of the common law to seek feedback from people, from which the guilt of the loss was established.

§ 3. Chapter loss failure common shall be carried out even if the Act of common failure did not lead to the desired result, as well as when taking the covered the whole ship or the entire load.

Article. 253. [taking into account the losses to the failure of the common] § 1. Loss arising from loss or damage to the cargo, which you have loaded on the ship without the knowledge of the owner or is declared false by the acceptance for carriage, not to failure of the common; However, such a charge if it has been saved, participates in the common failure of the shares according to the General principles.

§ 2. Loss arising from loss or damage to the cargo, which was for the adoption of the carriage declared below actual value, are classified as common failure according to the declared value, while assigned to the cargo liability for participation in the common failure shall be determined according to its actual value.

Article. 254. [failure of the individual] any damage and the loss of the vessel, cargo or frachcie, which are not subject to the complete failure of the common, constitute a failure of the individual; accept them or the one who is not responding.

Article. 255. [Dyspasza] paragraph 1. Determine whether there is a common failure, calculating the amount of the losses of the common failures and their separation (dyspasza) adjuster on behalf of the shipowner.

§ 1a. Dyspasza may be provided only by the dyspaszera of the UNESCO-protected dyspaszerów. A list of dyspaszerów the President of the National Chamber of Commerce.

section 1b. For a list of dyspaszerów is part of dyspaszera, if it meets the eligibility requirements set out in legislation issued on the basis of § 4.

§ 1 c. The President of the National Chamber of Commerce dyspaszera is deleted from the list of dyspaszerów: 1) at the request of the dyspaszera;

2) in the case of loss of qualification requirements;

3) in the case of a finding of negligent, improper actions dyspaszerskich, violation of law and breach of the principles of professional ethics;

4) in the event of the death of dyspaszera.

§ 2. The detailed settlement failure of the common makes adjuster with, in the absence of agreement between the parties, the rules generally accepted in international maritime trade.

§ 3. The order should be given dyspaszerowi by the company immediately after the end of the trip, but not later than within one month. In the event of default the company orders may be granted by another participant failure common.


§ 4. The competent Minister in charge of Maritime Affairs in consultation with the competent Minister for Economic Affairs shall determine, by regulation, the qualifications required for appointment to the position of dyspaszera, in particular bearing in mind the requirements for a dyspaszerami in terms of dyspaszerskiego, how to invoke dyspaszera, entry and removed from the list of dyspaszerów and of dyspaszerskiego.

Article. 256. [limitation of claims] § 1. The claim of common failures are subject to the expiry of two years from the date of the end of the tour.

§ 2. The limitation period is interrupted by a claim dyspaszerowi designated in accordance with article 4. 255 § 3. The limitation period shall run again from the date of service, dyspaszy.



SECTION II clash of ships Article. 257. [clash of ships] the provisions of this chapter concern the liability for damage caused to a ship or on the persons or things as a result of the collision, which occurred at sea or in inland waters between maritime vessels or between a ship and a vessel of inland waterway transport or wodnosamolotem.

Article. 258. [liable for damage] § 1. The ship is liable for damage caused as a result of a collision with his fault.

§ 2. Wine vessel occurs in particular in the event of negligence in terms of ship's equipment, steer the ship, operating the ship, comply with the regulations for preventing collisions at sea and the use of other safety measures, mandated by applicable law, the practice of sea or by particular circumstances.

Article. 259. [clash of the fault of a few ships] § 1. If the collision was the fault of a few ships, each of which corresponds to the degree of fault for damage caused to other vessels or property appearing on them. If the degree of fault is the same or can not determine the vessels meet in equal parts.

§ 2. For damage sustained as a result of death, injury or health disorder, ships that are at fault here clash, jointly and severally. The ship, which on the basis of joint and several liability paid part of greater than it had, shall be entitled to claim return to other ships by the sum of the excess.

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

§ 2. Provision of paragraph 1 shall also apply when ships or one of them were at the time of the collision are anchored.

Article. 261. [Obligation] § 1. After impact, the master of each vessel that collided, is obliged to bring aid to the ship, its crew and passengers, if it can do so without serious danger to his ship and its passengers and crew.

§ 2. The master of each vessel that collided, is also obliged to immediately provide to the other ship name, call sign and port of registry of your ship and from which and to which it flows.

§ 3. The company is not responsible for the violation of these obligations by the master.

Article. 262. [limitation of claims] § 1. Claim for compensation of the injury caused to the collision of vessels are subject to the expiry of two years from the date of the collision.

§ 2. The limitation period is interrupted by the opening of the House of the sea procedure relating to the collision. The limitation period shall run again from the date of termination of the proceedings.

§ 3. Claim back by the sum of the excess based on joint and several liability of ships that are at fault here clash, are subject at the end of the year from the date of payment.

Article. 263. [the damage resulted from other causes than the clash] the provisions of this chapter shall apply mutatis mutandis when the ship while maintaining its caused damage to another vessel on it to persons or things, even though there has been no clash.

Article. 264. [vessels of the Navy, border guards and police] § 1. The provisions of this chapter shall apply mutatis mutandis to vessels of the Navy, border guards and police.

§ 2. Vessels specified in § 1 shall not be liable for damage caused to other vessels as a result of a collision or other actions during the execution of the tasks of the work within the zones closed to shipping and fisheries and announced as dangerous for sailing and fishing.

§ 3. Minister of national defence and minister responsible for Home Affairs in consultation with the competent Minister for Maritime Affairs shall establish, by regulation, principles and mode of operation the commanders of vessels of the Navy, border guards and police in the event of a collision of these units from other ships, with particular reference to the forms and extent of the assistance to the other ship, its crew and passengers and the circumstances and the scope of the obligation of immediate administration of the captain of the second ship a number of tactical units.



SECTION III of the pollution from ships Chapter 1 pollution of various Articles. 265. [liability of the shipowner for pollution from the vessel] subject to the provisions of chapter 1a and 2, the owner is liable for damage caused to anyone pollution originating from a ship in connection with the carriage of cargo, the operation of the ship or shall require in a sea of waste and other matter.

Article. 266. [exclusion of liability company] § 1. The company shall not be liable if the damage occurred as a result of force majeure, the exclusive third-party wilful or faulty Act or omission of the authorities responsible for the maintenance of lights or other navigational devices.

§ 2. If the damage resulted from the wilful misconduct of the victim, the liability of the shipowner in relation to that person is disabled; in the case of gross negligence of the victim may be turned off the shipowner's liability, in whole or part.

Article. 267. [severally] if the damage was caused by pollution originating in two or more ships, their owners are responsible jointly and severally liable for damage.

Article. 268. [damage and repair it] § 1. By damage caused pollution means damage caused to the operation of polluting substances, as well as the deliberate use of preventive measures applied after the event, causing the pollution.

§ 2. Compensation for the damage caused to the pollution includes the loss suffered by the victim and the benefits that could have achieved, if there has been no environmental pollution. Compensation also includes the reimbursement of the cost of preventive measures, referred to in § 1, and necessary expenses and expenses which have been or will be incurred to restore the environment to the State it was in before.

Article. 269. [Prohibition and limitation] cannot be excluded or limited from the top of the liability referred to in article 1. 265-268.

Article. 270. [Request for the reimbursement of expenses] anyone who, in order to prevent the damage in the environment due to pollution from the ship, suffered the necessary expenditures, may claim compensation from the shipowner, who is responsible for the contamination.

Article. 271. [to restore the environment to the State it was in before the pollution] § 1. Authority of the maritime administration may require the company, which is responsible for environmental pollution, restore the environment to the State it was in before.

§ 2. If the restoration of the marine environment to the State it was in before it was pollution for the company impossible or excessively difficult, he can release this obligation by reimbursement of necessary costs and expenses which have been or will have to be incurred for this purpose by the maritime administration or third parties.



Chapter 1a Bunker Oil Pollution Article. 271a. [liability for bunker oil pollution] § 1. To liability for damage caused oil pollution bunkrowym on board a ship or from ship shall apply the provisions of the International Convention on civil liability for bunker oil pollution damage, adopted by the International Maritime Organization in London on 23 March 2001 (OJ 2008 No. 148, item 939), hereinafter referred to as the "bunkrową Convention", together with the changes in force from the date of their entry into force for the Republic of Poland given to the public in an appropriate manner.

§ 2. Used in the provisions of this chapter: "the ship", "ship", "bunker oil", "preventive measures", "pollution damage", "State of the ship's registry", "gross tonnage" correspond to the meaning of what they have been given in the Convention bunkrowej.

§ 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 bunkrowej nor does it raise the flag of any of those States, if: 1) pollution damage was established on the territory of the Republic of Poland or in the exclusive economic zone of the Republic of Poland;

2) applied preventive measures in order to prevent the damage referred to in paragraph 1, or its reduction.


Article. 271b. [a certificate establishing financial security liability for damage] § 1. The owner of the vessel about belonging, about gross tonnage greater than 1000 tonnes, is obliged to have financial security liability for pollution damage, found the appropriate certificate.

§ 2. Certificate it seems or endorse the the Director of the Office, at the request of the owner of the ship.

§ 3. The certificate appears in Polish and English.

§ 4. The certificate is issued for a period that has been established financial security. If financial security has lapsed before the expiry of the period for which it was established, the owner of the vessel shall notify the Director of the Office, which issued or certified the certificate.

§ 5. A certificate shall cease to be valid in case of loss of validity of the financial security on the basis of which it was issued.

§ 6. Certificate is the certificate, if it is accompanied by a document of financial security.

§ 7. A copy of the issued or certified the certificate the Director of marine shall send the competent authority of the Member State of registration of the ship.

Article. 271 c. [fees for the issue and certificate credential] § 1. The Manager of the maritime authority gets the following charges: 1) for the issue of a certificate-the equivalent of 30 euro;

2) certificate credential-the equivalent of 20 euros.

§ 2. The conversion of the equivalent of euro referred to in § 1, gold shall be made according to the average exchange rate announced by the Polish National Bank for the currency on the day of, respectively, submit an application for the issue or endorsement of certificate.

Article. 271d. [no certificate and navigation] § 1. The ship, as referred to in article. 271b § 1 may not be used in shipping, if you do not have a certificate stating financial security liability for pollution damage.

§ 2. The certificate should be stored on the ship.

Article. 271e. [no certificate and entry to the Polish port] Vessel gross tonnage greater than 1000 tonnes may not enter or leave the Polish port, and also use the handling equipment on the territory of the Republic of Poland, if you do not have a certificate stating financial security liability for damage caused by pollution, issued or certified by the competent authority.

Article. 271f. [the certificate by the Director of the maritime authority] Director of the maritime authority may issue a certificate stating the financial security liability for pollution damage to the owner of the ship is not registered in any of the States parties to the Convention bunkrowej, if this proves that it has sufficient financial security this responsibility.

Article. 271. [Conditions, mode and model certificate] the competent Minister of maritime economy shall determine, by regulation, conditions and procedure for issuing and specimen certificate referred to in article 2. 271b § 1, bearing in mind the need to ensure sound financial security liability for bunker oil pollution damage, and guided by the necessity to model certificate correspond to the model set out in the Convention bunkrowej.

Article. 271h. [control of compliance with the provisions of] compliance control financial insurance liability for pollution damage shall have directors offices.



Chapter 2 pollution from ships carrying oil Art. 272. [pollution from ships carrying oils] § 1. To liability for damage caused by the spill or the removal of oil from a ship carrying oil in bulk as cargo shall apply the provisions of the International Convention on civil liability for oil pollution damage, done at Brussels on 29 November 1969 (OJ 1976. # 32, item 184), as amended by the Protocol, drawn up in London on 27 November 1992 (Journal of laws of 2001, no. 136 , item. 1526), hereinafter referred to as the "Liability Convention", together with the changes in force from the date of their entry into force for the Republic of Poland, given to the public in an appropriate manner.

§ 2. Used in the provisions of this chapter, the terms "ship", "owner", "State of the ship's registry", "oil", "preventive measures", "pollution damage"-correspond to the meaning of what they have been given in the Convention on civil 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 nor does it raise the flag of any of these States, if: 1) pollution damage was established on the territory of the Republic of Poland or in the exclusive economic zone of the Republic of Poland;

2) applied preventive measures in order to prevent the damage referred to in paragraph 1, or its reduction.

Article. 273. [security] § 1. The owner of the vessel about belonging, carrying more than 2,000 tons of oil in bulk as cargo, is obliged to have financial security liability for pollution damage, found the appropriate certificate.

§ 2. Certificate it seems or endorse the the Director of the Office, at the request of the owner of the ship.

§ 3. The certificate appears in Polish and English.

§ 4. The certificate is issued for a period that has been established financial security. If financial security has lapsed before the expiry of the period for which it was established, the owner of the vessel shall notify the Director of the Office, which issued or certified the certificate.

§ 5. A certificate shall cease to be valid in case of loss of validity of the financial security on the basis of which it was issued.

§ 6. Certificate is the certificate, if it is accompanied by a document of financial security.

§ 7. A copy of the issued or certified the certificate the Director of marine shall send the competent authority of the Member State of registration of the ship.

Article. 273a. [fees for the issue and certificate credential] § 1. The Manager of the maritime authority gets the following charges: 1) for the issue of a certificate-the equivalent of 30 euro;

2) certificate credential-the equivalent of 20 euros.

§ 2. Provision of art. 271 c § 2 shall apply mutatis mutandis.

Article. 274. [a certificate establishing financial security] § 1. The ship, as referred to in article. 273 § 1 can not be used in shipping, if you do not have a certificate stating financial security liability for pollution damage.

§ 2. The certificate should be stored on the ship.

Article. 275. [the certificate obligation] a ship carrying more than 2,000 tons of oil in bulk as cargo may not enter or leave the Polish port, and also use the handling equipment on the territory of the Republic of Poland, if you do not have a certificate stating financial security liability for damage caused by pollution, issued or certified by the competent authority.

Article. 276. [certification] Director of the maritime authority may issue a certificate stating the financial security liability for pollution damage to the owner of the ship is not registered in any of the States parties to the Convention on civil liability, if this proves that it has sufficient financial security this responsibility.

Article. 277. [Delegation] the competent Minister of maritime economy shall determine, by regulation, conditions and procedure for issuing and specimen certificate referred to in article 2. 273 § 1, bearing in mind the need to ensure sound financial security liability for oil pollution damage, and guided by the necessity to design the certificate correspond to the model set out in Convention on civil liability.

Article. 278. [control of compliance with the provisions of] compliance control financial insurance liability for pollution damage shall have directors offices.



Chapter 3 International Fund for compensation for oil pollution damage Art. 279. [International compensation fund] § 1. To claim to an International Fund for compensation for oil pollution damage, hereinafter referred to as "the International Fund", the provisions of the International Convention on the establishment of an International Fund for compensation for oil pollution damage, done at Brussels on 18 December 1971 (OJ 1986, no. 14, item 79), as amended by the Protocol, drawn up in London on 27 November 1992 (Journal of laws of 2001, no. 136 , item. 1529), together with the changes in force from the date of their entry into force for the Republic of Poland, given to the public in an appropriate manner.

§ 2. The claim to the International Fund can occur when it is not satisfied on the basis of the Convention on civil liability, because: 1) there is no liable for damage under the liability Convention (article 272, paragraph 1);

2) the owner of the vessel or his guarantor is unable to fulfill in their entirety its commitment;


3) the amount of damages exceeds the limits of liability of the owner of the ship.

Article. 280. [contributions to the International Fund] § 1. The person receiving the territory of the Republic of Poland oil transported by sea according to the provisions of art. 10 of the Convention, referred to in article 1. 279 § 1, in the amount of 150 000. tonnes or more, pay contributions to the International Fund in accordance with article 5. 10. 15 of the Convention.

§ 2. Anyone who receives from abroad, or any place in the territory of the Republic of Poland or in the area of the exclusive economic zone of the Republic of Poland oil transported by sea according to the provisions of § 1, shall notify the competent Minister of public financies, within a time limit to 15 January of each year, data on the quantities of oil obtained during the previous calendar year.

§ 3. Anyone who does not fulfill the obligation referred to in paragraph 2 shall be punishable by a monetary rate of 1 SDR per tonne undeclared contributing oil.

§ 4. Penalty, referred to in § 3, imposed, by way of an administrative decision, the Manager of the maritime authority competent for the port of landing. The calculation mode and recovery of financial penalties shall be governed by the provisions of the Act of 21 March 1991 on the marine areas of the Republic of Poland and maritime administration (Journal of laws of 2013.934 and 1014 and 2015.1642).

§ 5. The proper Minister of public financies consists of International Fund annually a report, giving the name and address of the persons referred to in paragraph 1, and the amount of transported by any such person by sea of contributing oil during the previous calendar year.

§ 6. The proper Minister of public financies passes messages to the Minister responsible for Maritime Affairs report, referred to in § 5.

Article. 281. [Director of the maritime authority] in the case of damage caused by oil pollution, marine Director of the International Office, at the request of the victim, shall be obliged to state the existence of accident and provide documentation of this damage.



Chapter 3a International an additional fund for compensation for oil pollution damage Art. 281a. [the provisions relevant to the investigation of claims against the Supplementary Fund] to take claims against International Supplementary Fund for compensation for oil pollution damage, hereinafter referred to as "Extra Fund ', shall apply the provisions of the Convention, referred to in article 1. 279 § 1, supplemented by the Protocol, drawn up in London on 16 May 2003 (OJ of 2009 No 49, item. 392), hereinafter referred to as the "Protocol of 2003", together with the changes in force from the date of their entry into force for the Republic of Poland, given to the public in an appropriate manner.

Article. 281b. [entities authorised to claim] § 1. The claim against the supplementary fund shall be open to any person, which established a claim for compensation for the damage caused by the pollution has not been fully satisfied by the International Fund, therefore, that the total amount of damage exceeds, or there is a risk that it will exceed, the applicable limit of compensation laid down in article. 4 paragraph 1. 4 of the Convention, referred to in article 1. 279 § 1 in respect of each case.

§ 2. By the established claim means a claim referred to in article 2. 1 paragraphs 1 and 2. 8 of the Protocol of 2003.

Article. 281 c [appellant's subjective Identity claim] a claim against the International Fund will be regarded as a claim brought by the same creditor to the supplementary fund.

Article. 281d. [contribution to the supplementary fund by the person receiving the territory of the RP oil kontrybucyjny in the amount of 150 000 tonnes or more of] the person receiving the territory of the Republic of Poland kontrybucyjny oil transported by sea according to the provisions of art. 10 minutes of 2003, in the amount of 150 000. tonnes or more, pay contributions to the Supplementary Fund in accordance with article 13. 10 of this Protocol.

Article. 281e. [the duty to provide information the proper Minister of public financies] the proper Minister of public financies announces an additional Fund of the lack of persons referred to in article 1. 281d. SECTION IV of the property sunk or found Art. 282. [Mining property sunken] § 1. The owner of the property (the vessel, cargo or other item) in the Polish marine internal waters or territorial sea of Polish should within 6 months from the date of the sinking of the property report in the relevant maritime authority are going to the extraction of this property and then specify the date by which it intends to complete the extraction. The Director of marine may within 3 months from the date of the notification, request a change of given term or circle to the owner of the relevant time limit for completion of the extraction, of not less than one year from the date of notification of the decision.

§ 2. If the owner of the property within the time limit referred to in paragraph 1 has not intention of mining property or not extracting property within the period specified or designated by the Director of the Office, the Manager of the maritime authority may order the mining property at the expense of the owner.

§ 3. If the owner of the property within the prescribed time limit does not report after receiving property or does not pay the cost of removing it, the Manager of the maritime authority may sell the property and the amount obtained from the sale of cover your costs and expenditure for storage and sale, and the rest of the submitted to the legal deposit in order to release it to the person entitled.

§ 4. (repealed)

Article. 283. [requirement to obtain the authorization of the competent authorities of the military] § 1. Extracting military property or adopted for military purposes requires the authorisation of the competent authorities.

§ 2. If the owner of the property sunk gained permission to extract the property, may request within 3 months from the date of receipt of the refusal to the Director of the Office of maritime, in agreement with the competent authority of the military production of this property at the expense of the owner.

Article. 284. [Property hindering navigation] § 1. If the property flooded or abandoned on the dock or on the surface of the water makes sailing or working in the port, on the roads or through water or threatens, the Manager of the maritime authority may order the removal of obstacles at the expense of the owner, by appointing him a reasonable time-limit for receipt of property for reimbursement of costs incurred.

§ 2. Order of the article. 282 § 3 shall apply mutatis mutandis.

Article. 285. [Application of extraction and bring someone else's property] extraction of someone else's property in the sea and bring it to the Polish marine internal waters or territorial sea Polish should immediately report to the Office of marine stating the time, place and circumstances of the mining property and as far as possible inform also the owner, and by the time they give him property to secure it.

Article. 286. [reimbursement of costs and expenses] § 1. Wydobywającemu someone else's property, you must return costs and expenses and remuneration, the amount of which is determined by the appropriate application of the provisions of the maritime rescue.

§ 2. To secure claims specified in § 1 wydobywającemu shall have the statutory right of lien on the extracted property, with priority for the privileged claims of the salvage title.

Article. 287. [Sale of the extracted property] When extracted property is rapidly deteriorated or destroyed or if its storage requires excessive costs, coming out may sell them and the amount obtained from the sale after deduction of its debts made to legal deposit, by notifying the owner immediately of any sales and deposit the rest of the sum of the deposit.

Article. 288. [Edition of property marine authority] § 1. If the owner is not known or within 30 days from the date of notification to it of the extraction does not show up to receive property or does not pay the charges coming, coming out is obliged to issue the extracted property maritime authority, and when it is the property of the military or the adopted child for military purposes, provide to the competent authority of the military.

§ 2. In order to determine the owner of the extracted property maritime authority carries out an investigation, calling to report an unknown owner property in the customary manner.

§ 3. The competent Minister in charge of Maritime Affairs in consultation with the Minister of Justice and the Minister for Foreign Affairs shall determine, by regulation, procedures, referred to in paragraph 2, having regard to the effectiveness of the procedure.

Article. 289. [Failure to owner] If the owner of the property within six months from the date of the request by the Director of the maritime authority did not show up to receive property or does not pay the royalties mining and incurred by the maritime authority of the cost of security, Director of the maritime authority may sell the extracted property and the sum of the obtained from the sale after deduction of royalties and mining and its costs make the deposit. Provision of art. 287 shall apply mutatis mutandis.

Article. 290. [remuneration] § 1. Who has found and saved someone else's possessions floating on the sea or contributed to the rescue of such property, is entitled to remuneration according to the provisions of the maritime rescue, if he reported his claim at the latest at the time of giving the found property.


§ 2. Who has found and secured the property of others washed up on the coast, is entitled to remuneration of not more than 30% of the value of the property, if the claim his reported at the latest at the time of giving the found property.

§ 3. In the cases provided for in paragraph 1 and 2 shall apply mutatis mutandis the provisions of article 4. 285-289.

Article. 291. [Delegation] Minister of Justice in consultation with the competent Minister for Maritime Affairs and the competent Minister of public financies shall determine, by regulation, to do with the estates, whose owner remains unknown, and the procedure for determining the amount and coverage of charges relating to the extraction, protection, sale of property pursuant to the provisions of this chapter, as well as the manner and mode of conduct provided for in this section of sale of property with the application of the provisions of the code of civil procedure.



TITLE VIII of the marine insurance and Marine Insurance Contract Chapter 1 General provisions Article. 292. [maritime insurance contract] § 1. By a contract of marine insurance, the insurer undertakes, in return for a subscription insurance pay compensation for damages incurred as a result of the dangers to which the subject matter of the insurance is exposed in connection with the inland sea.

§ 2. Marine insurance contract can be in addition, danger, that in connection with the carriage of maritime insurance item is exposed in air transport, inland waters or on land.

§ 3. The provisions of the marine insurance shall apply mutatis mutandis to the insurance of ships under construction.

Article. 293. [subject of marine insurance] § 1. The subject of marine insurance can be any property interest related to maritime and appreciated in money.

§ 2. The subject of marine insurance can be, in particular: the ship, cargo, freight, charged for the carriage of passengers, Charter, expected profit on the load, Commission, expenses, failure of a common commitment in respect of civil liability and debt secured on the vessel, cargo or frachcie.

Article. 294. [Obligations of the insurer] § 1. The insurer is obliged at the request of the issue the person you entered into a contract (policyholder), insurance policy stating the conclusion of the insurance contract.

§ 2. Before the adoption of the policy, the insurer is obliged to issue the policyholder at the request of the interim document stating the conclusion of the agreement.

Article. 295. [privacy policy], § 1. The policy should include: 1) the designation of the insurer;

2) the designation of the subject of insurance;

3) the designation of the dangers of the contract of insurance;

4) specify the time or travel, for which the contract of insurance;

5) sum insured;

6) place and date of issue of the policy;

7) signature of insurer.

§ 2. The policy can be issued on any particular policyholder (personal insurance), the order or to bearer.

Article. 296. [Agreement to a third party] § 1. The marine insurance contract can be concluded on behalf of another person (the insured).

§ 2. The insured may not be individually specified in the contract of insurance (insurance for this, who does this).

§ 3. In case of conclusion of the contract of marine insurance to a third party the right to claim from the insurer to the policyholder is entitled to a policy issue. As long as the policy is in his possession, he may dispose of the rights arising from the contract.

§ 4. Policyholder obligations related to the implementation of an insurance contract are transferred to the insured when they give him the policy; This does not apply, however, the obligation to pay the insurance premium.

Article. 297. [the invalidity of the contract] § 1. The insurance contract is void if at the time of the conclusion of the damage covered by insurance have already occurred or there was an opportunity to its creation; the insurer retains the right to charge stornowej, unless when concluding an agreement knew about the circumstances that cause its invalidity.

§ 2. Provision in § 1 shall 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 things was only known by one of the parties, the agreement does not bind the parties unconscious.

§ 3. The amount of the fee stornowej specifies the agreement.

Article. 298. [withdrawal] Policyholder may at any time withdraw from the contract until they started state of danger stipulated in the contract; However, it is obliged to pay a fee stornową.

Article. 299. [limitation of claims] claims for maritime insurance contract expire at the end of 5 years from the date of maturity of the claim.



Chapter 2 the value of the insurance and the sum insured Article. 300. [insurance] § 1. The value of the insurance is the normal value of the subject of the insurance.

§ 2. The value of the insurance shall be determined according to the following rules: 1) the value of the insurance of the ship is the value of the ship at the start of the insurance; This value also includes, if the contract provides otherwise, the value of its membership, the supply of the ship, as well as the cost of the insurance;

2) cargo insurance value is the value of the cargo at the place and time of the load including the cost of insurance and delivery of the cargo at the place of destination;

3) value freight insurance is the sum of gross freight including insurance;

4) the insurance other insurance items, with the exception of liability for liability is the amount to which the loss is affected by the policyholder at the start of the insurance, including the cost of insurance.

Article. 301. [value otaksowana] If the parties have exchanged in the insurance contract the insurance value (the value of otaksowana), it is valid for the determination of compensation.

Article. 302. [insured] § 1. The insurance contract should specify the amount for which the insured for € 17, item insurance (sum insured).

§ 2. The sum insured should not exceed the value of the insurance.

§ 3. If you specify in the contract the sum insured is higher than the value of the insurance contract does not have legal effect as regards the surplus totals more than the value of the insurance.

§ 4. If you specify in the contract the sum insured is lower than the value of the insurance, the insurer shall be liable for damage, in what remains the sum to the value of the insurance.

Article. 303. [multiple Insurance] § 1. If insured for € 17, item insurance from the same danger, for the same period in two or more insurers for amounts that exceed the total value of the insurance, or if for other reasons the sum of compensation which would be payable separately from each of these insurers, would exceed the harm to be countervailable (multiple), the policyholder can request from each of these insurers pay compensation in accordance with the concluded agreement with him , but cannot receive them including damages exceeding the injury.

§ 2. In the mutual relations between insurers involved in damages borne by each of them shall be in the proportion of compensation, which would have to pay, if he was the only insurer and the sum of the damages that have been borne by each of these insurers, in accordance with the contract.

§ 3. In the event of deliberate conclusion of multiple insurance policyholders should immediately inform the concerned, informing them about the content of the concluded insurance contracts. Of an intentional breach of this obligation by the policyholder deprives him of the right to compensation.



Chapter 3 of the claim by concluding insurance contracts Art. 304. [obligation to inform the insurer] § 1. When concluding the contract marine insurance policyholder is obliged to provide to an insurer any circumstances that are, or should be known, and may have an impact on the assessment of the danger, and the decisions of the insurer about the acceptance of the terms and conditions of insurance.

§ 2. The obligation referred to in paragraph 1 does not apply to the circumstances of the widely known and the circumstances, which should be known to the insurer.

§ 3. If the policyholder acted by a representative, the obligation referred to in section 1 of the pregnancy also representative and includes the circumstances known to him.

§ 4. When concluding the contract marine insurance to a third party the obligation referred to in the preceding paragraphs rests on both the policyholder and the insured person, unless the insured person did not know about the conclusion of the contract on his behalf.

Article. 305. [violation of obligation to inform] § 1. In the event of a breach of the obligation referred to in article 1. 304 the insurer may withdraw from the contract, retaining the right to the full insurance premium.

§ 2. If the failure to report or inconsistent with the reality of the notice of the insurer of the circumstances listed in article 1 (2). 304 occurred without the fault of the policyholder or the insured, the insurer cannot withdraw from the contract, but shall have the right to increased insurance premium.

§ 3. The right of withdrawal shall expire if the insurer does not exercise it within seven days from the date on which it learned of the circumstances justifying the right of withdrawal.



Chapter 4 the transfer of rights from insurance contract


Article. 306. [transfer of rights from insurance contracts] § 1. The law of insurance contract may be transferred only to the purchaser of the subject of insurance.

§ 2. Where the rights of insurance contract have not been transferred to the buyer the subject of insurance, the insurance contract are solved, what does not relieve the insurer from liability for damages arising from the sale of the item.

Article. 307. [Transition duties] § 1. Simultaneously with the transfer of rights from the insurance contract to the purchaser shall pass upon him duties that have gravitated to the vendor.

§ 2. The insurer may oppose the purchaser claims that he enjoyed with the insurance contract against the vendor.

Article. 308. [transfer of policy] § 1. The transfer of rights from insurance contract found insurance policy shall be effected by the transfer of the policy.

§ 2. To move the policy shall apply mutatis mutandis the provisions of the transmission of the Bill of lading.

Article. 309. [Insurance] § 1. If the subject of the insurance is the ship, the passage of the insurance contract on the buyer requires the consent of the insurer.

§ 2. If the ship at the time of disposal was on the road, and the right of the insurance contract did not pass to the buyer of the vessel, the agreement shall remain in force until przycumowania ship at the first port, to which the vessel has called.

Article. 310. [transfer of claims in accordance with the provisions of civil law] the provisions of art. 306-309 does not limit the right of the policyholder to transfer claims from the contract in accordance with the provisions of the civil law of the transfer of receivables; This also applies to claims of the future.



Chapter 5 General Insurance Art. 311. [insurance contract-General] § 1. General insurance agreement can cover all or some types of loads that the policyholder will send or receive at a given time.

§ 2. The subject of the General insurance can also be another interest.

§ 3. In general insurance, the insurer is obliged at the request of the policyholder to issue the policy or certificate of insurance for each reported the cargo or any other specific item insurance.

Article. 312. [obligation to inform the insurer] § 1. The policyholder who has entered into an insurance contract, is obliged to notify the insurer of any sending or the arrival of cargo covered by the contract begins immediately after the receipt of a posting or the arrival of cargo and each time specify the ship, itinerary, cargo and the sum insured.

§ 2. If the policyholder intentionally or by gross negligence has not fulfilled an obligation under § 1, the insurer may withdraw from the contract, retaining the right to insurance premiums, which would have him in the event of a sound performance of the contract by the policyholder.

§ 3. The right of withdrawal shall expire if the insurer did not use it within 3 days from the date on which it learned of the breach of the obligation by the policyholder.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis to the General insurance, which is a different property interest than cargo.

Article. 313. [termination] of the General insurance contract may be terminated by either party with the behavior of the three-month period.



SECTION II performance of the contract of insurance Chapter 1 Obligations of the policyholder Article. 314. [obligation to pay contributions] § 1. Insurance premium should be paid immediately after the conclusion of the contract, and if the holder of the insurance policy – at the same time, with the release of the policy.

§ 2. The obligation to pay the insurance premium to the policyholder.

Article. 315. [obligation to inform about changes] § 1. The policyholder is obliged to immediately after becoming aware report to the insurer any substantial modification of danger, on what is the subject of the insurance.

§ 2. The insurer may withdraw from the contract, if the policy holder without reasonable cause delays with the notice to go about changing the danger. This right, the insurer can do within 7 days from the date on which it learned about it, that the policyholder has been guilty of delay.

Article. 316. [withdrawal] § 1. If you change the danger was caused by the policy holder or with his consent, the insurer may withdraw from the contract or demand payment of additional contributions for the increased danger, unless the changes to the danger was in the common interest of the insurer and the policyholder, or in order to save human life.

§ 2. The insurance on the journey the right, referred to in § 1, the insurer, and in particular: 1) if the start or end of the journey is delayed through the fault of the policyholder;

2) if it has been a different journey instead of travel indicated in the insurance contract;

3) when the ship was sent to port other than provided for in the insurance contract;

4) if the ship went down with the right route or arrived at the port, which was not taken into consideration, unless the descent of the route occurred due to circumstances beyond the control of the owner or the master or in order to save human life or property or was necessary for the safety of the ship.

§ 3. If you change the danger occurred without the consent of the policyholder, the insurance contract shall remain in force, however, the insurer may require the payment of additional premiums for increased danger.

Article. 317. [the exercise of the right of withdrawal] § 1. If the insurer as a result of changes to the dangers of exercises the right to withdraw from the contract, should notify the policyholder of its decision within three days from the date on which it learned of the change of danger; in the absence of such notice may require only pay an additional contribution for the increased danger.

§ 2. The insurer, which has withdrawn from the agreement because of a change of danger, retains the right to all contributions agreed, and is responsible only for damage occurring prior to the change.

Article. 318. [information on the cases] § 1. The policyholder is obliged to immediately notify the insurer of any accident on the subject of the insurance, the accident may give rise to a claim for damages from the insurance contract.

§ 2. In the event of a breach by the policyholder an obligation specified in § 1, the insurer may deduct from the compensation insurance the amount by which the damage would have been reduced if the insurer was about her duly informed.

Article. 319. [treatment in case of an accident] § 1. In the event of an incident case, causing damage to the policy holder is obliged to take all reasonable measures available to it in order to save the subject of insurance and prevent injury or reduce its size, and also to secure claims for compensation against those responsible for the damage.

§ 2. The policyholder shall when applying these measures follow the instructions of the insurer, as long as it has.

§ 3. If the policyholder intentionally or by gross negligence, did not apply the measures referred to in § 1, the insurer is free from liability for damages caused because of this.



Chapter 2 the liability of the insurer's Article. 320. [Liability of the insurer] subject to the exceptions provided for in the code, the insurer shall be liable for any damage which is a direct consequence of the risks covered by the insurance contract.

Article. 321. [responsibility] § 1. The insurer is not liable for damages resulting from willful misconduct or gross negligence of the policyholder, but the insurer is responsible for damage caused by negligence or mistake nowadays an important of the policyholder who is a captain of the ship covered by the insurance.

§ 2. The insurer shall be liable for any damage caused by the fault of the captain, another Member of the crew or the remote control.

Article. 322. [disclaimer for insurance of ships] § 1. When the ship's insurance, the insurer is not liable for damages resulting from: 1) set out on a journey of the ship he continued to sail, improperly equipped and stocked, with inadequate or without the necessary documents, unless these deficiencies included defects hidden ship or were caused by circumstances, which could not be prevented despite the behavior by the policyholder due diligence;

2) age or wear of the ship;

3) load on the ship – with the knowledge of the policyholder, and without knowledge of the insurer-materials and explosive, easily flammable or other dangerous goods, without the provisions in force in the carriage of cargo.

§ 2. Provision of section 1 shall apply mutatis mutandis for freight insurance.

Article. 323. [clash of vessels] in the event of a collision of vessels, the insurer is responsible for ship insurance both for the damage the insurance, as well as obligations to policy holders obligations to compensate for damage caused as a result of a collision with any third party.

Article. 324. [cargo insurance and expected profit] On insurance of the cargo, or the expected profit, the insurer is not liable for damages resulting from the latent defect, natural properties or a deficiency in the cargo, or the inadequacy of the packaging of cargo or as a result of delay in delivery.


Article. 325. [limits of responsibility], § 1. The insurer shall be liable for any damage of any accident covered up to the amount of the sum insured.

§ 2. For damage resulting from several successive accidents covered by the insurance, the insurer is responsible pursuant to § 1, even if the total amount of damages exceeds the sum of insurance.

§ 3. If after partial damage to the object of insurance is total loss, for which the insurer is responsible, compensation payable to the policyholder in respect of partial damage is limited to the expenditure incurred by him to repair the item or insurance in connection with the damage.

§ 4. In the event of a collision of vessels, the insurer is obliged to pay the policyholder compensation for loss of or damage to the vessel and payable by the policyholder compensation for liability for collision, even though total compensation exceeded the sum of insurance.

Article. 326. [obligation to pay damages] the insurer is obliged to pay insurance compensation, even if the damage covered by insurance was required to fix the third.

Article. 327. [reimbursement of expenditure to prevent the damage] § 1. The insurer is obliged to pay the policyholder all necessary and purposeful expenditure incurred in order to preserve the subject of insurance, prevent injury or reduce its size, determine the nature and extent of injury, dyspaszy, item sales of insurance and other expenses incurred in accordance with the instructions of the insurer.

§ 2. Reimbursement of expenses referred to in section 1 of the following in this respect, to which the sum insured remains to the value of the insurance. To reimbursement of those expenses, the insurer is obliged, even if the amount of expenditure including the insurance indemnity exceed the sum insured.

Article. 328. [reimbursement of expenditure to restore the previous State] § 1. The insurer is obliged to pay to the policyholder the expenditure incurred on restitutio in integrum or to repair the damaged item insurance, as well as due from him the reward for the rescue and the participation in losses of the failure of the joint.

§ 2. Reimbursement of expenses referred to in section 1 of the following in this respect, to which the sum insured remains to the value of the insurance. To reimbursement of those expenses, the insurer is obliged within the limits in which expenditure including the insurance indemnity shall not exceed the sum insured.

Article. 329. [payment of the full sum insured] § 1. In the event of a covered accident occurred, the insurer may pay the full sum insured, regardless of the amount of the damage caused to release from any further obligations under the insurance contract, in particular the obligation to refund the item behavior insurance or restore it to its previous state.

§ 2. The policyholder can circle the insurer of the reasonable time-limit to make a statement, or use of the powers provided for in § 1.

§ 3. Even though the pay the full sum insured, the insurer is obliged to pay in addition for him according to the article. 327 expenditure which the policyholder has suffered or has committed to pay until you receive notification from the insurer, that the use of the powers provided for in § 1.

§ 4. The insurer, which has paid the full amount of insurance, may not require the transfer of the rights to the subject of the insurance.



Chapter 3 the Abandon the subject-insurance Art. 330. [Abandon] § 1. The policyholder can waiver on behalf of the insurer's rights to the subject of the insurance (abandon) require payment of the full sum insured, if there are grounds to assume that the total loss of the subject of insurance is inevitable, or that prevent its expenses would result in disproportionately high relative to the value of the subject matter of insurance.

§ 2. In particular, the abandon you can report, if the ship: disappeared without news, was taken as loot or swept by sea bandits or suffered an accident, which has become unsuitable for repair or repair or recover costs children friendly.

§ 3. Provision in § 2 shall apply mutatis mutandis to the cargo, which abandon you can report in addition, then, when the cost of repair or delivery to the final destination would be over his value at the place of destination.

Article. 331. [Application abandonu] § 1. Policyholder should abandon in writing stating the circumstances justifying the abandon.

§ 2. Application abandonu can occur not later than within six months from the date on which the policy holder learned of the circumstances justifying the abandon.

§ 3. If it is forbidden the ship or cargo as loot, grab by highwaymen marine or loss of ownership of a vessel or cargo for other reasons, abandon may not be requested before the expiry of two months from the date of receipt by the policyholder the news about these circumstances. In these cases, the six-month period for filing abandonu runs from the date on which the period of 2 months.

§ 4. In the event of loss without news of the ship or the cargo on the deadline for filing the abandonu runs from the date on which the vessel was expected in the near future, to which it was referred.

§ 5. If the vessel lost without news, pursuant to the provisions of article 5. 32, ship and carried on it, and nieuratowane loads shall be deemed to be completely lost, and the insured may claim from the insurer for compensation for total loss without abandonu.

Article. 332. [obligation to inform the insurer] § 1. The policyholder is obliged to by request abandonu to notify the insurer of the obligations concerning insurance rights of property and of relating to other insurance, as well as of any known limitations on the disposition of the subject of the insurance.

§ 2. The insurer may make the adoption abandonu of delivery of data relating to the circumstances listed in paragraph 1.

Article. 333. [refusal of abandonu] § 1. The insurer may refuse to accept abandonu, if abandonu does not correspond to the requirements of the preceding articles.

§ 2. The insurer could not refuse to abandonu after 30 days from the receipt of the notification abandonu.

Article. 334. [Passage rights to the insurer] § 1. Rights to the subject of the insurance are transferred to the insurer as soon as the deposit by him that takes the abandon.

§ 2. If the insurer within the time limit referred to in article 1. 333 § 2 does not make the claim whether it accepts the abandon, the right to the object of the insurance proceeds on the expiry of that period.

Article. 335. [Preservation of the right to compensation] the policyholder, whose reporting abandonu does not correspond to the requirements of the preceding articles, retains the right to the insurance compensation after proving damages actually incurred.



Section 4 Payment of insurance compensation Article. 336. [conditions for the payment of compensation] § 1. In the event of an incident of damage covered, the insurer may require the policyholder to give him any messages, or provide documents and other evidence necessary to determine the circumstances of the accident, injury and its size.

§ 2. The insurer may make payment of insurance compensation from the return policy, unless the policy was issued.

Article. 337. [Passage rights to the insurer] § 1. Upon payment of the indemnity insurance are transferred to the insurer – to the amount paid by him of the sum of all the rights of the policyholder against third parties in respect of damage for which compensation has been paid.

§ 2. The policyholder is obliged to provide to the insurer any messages and documents, and make the actions necessary for the assertion of rights by the insurer.

§ 3. Waiver by the policy holder without the consent of the insurer he rights to third parties for damages releases the insurer in proportion from the obligation to pay compensation.

Article. 338. [payment of the full sum insured] subject to the exception provided for in article 8(2). 329 § 4, the insurer that has paid insurance compensation for total loss of the full sum insured, may require the policyholder to transfer to it all rights to the subject matter of the insurance; However, if the sum insured is less the value of the insurance, the insurer may require the transfer of rights only in proportion.



TITLE IX procedure in matters relating to the limitation of liability for maritime claims and investigation of claims for pollution damage caused by ships and the proceedings in the cases of the establishment and allocation of Fund for limitation of liability for maritime claims


Article. 339. [the proceedings in the cases of the establishment and allocation of Fund for limitation of liability for maritime claims] § 1. Proceedings in cases concerning the establishment and allocation of Fund for 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 non-contentious business, with changes resulting from the provisions of this chapter and the Convention on limitation of liability.

§ 2. In the cases referred to in § 1 exclusive jurisdiction is the District Court in Gdańsk.

Article. 340. [request for initiation of proceedings] § 1. The application for the initiation of a proceeding may submit a person entitled to limitation of liability. The proceedings initiated at the request of who can rely on the same limitation of liability the Court will connect to a common diagnosis. In one application, you can request the establishment of two funds relating to claims of the same event (articles 6 and 7 of the Convention on limitation of liability).

§ 2. The application shall comply with the terms of the request for the initiation of the proceeding, and if appropriate include: 1) the name of the vessel, which involves responsibility, its home port, and a determination of the ratio of the applicant to the ship;

2) the term of the event, from which derive the claim, and information about the proceedings to determine the course of this event;

3) determine the type of claims and creditors that meet the Fund has to be designed, and information about known the applicant claims already asserted before the Court;

4) Declaration of readiness the establishment of the Fund, its amount, as well as specify how its establishment.

§ 3. The application must be accompanied by an extract from the register, which includes data affecting the amount of the Fund.

Article. 341. [Establishing the Fund] § 1. The Fund may be established by payment of a suitable sum of money on interest-bearing bank account, which you have is the Court or accepted by the Court security deposit that amount by the bank or the insurance company, established in the Republic of Poland.

§ 2. To request the participants in the proceedings, the Court may consider sufficient other way security deposit that amount.

Article. 342. [preliminary ruling] § 1. After the hearing, the Court shall make an order initial on the law establishing the Fund, by specifying its height and how to establish, as well as the terms of payment of sums or Assembly in a certain way the security documents.

§ 2. If there are circumstances excluding the establishment of the Fund, the Court declines to its establishment. In the event of a dispute as to these circumstances, the Court may stay the proceedings until the settlement of the dispute through the process.

§ 3. At the request of the applicant, the Court may, for the purpose of security, decide to stop executions carried out for satisfaction of the claim covered by the Fund.

§ 4. On the preliminary ruling on the law of the establishment of the Fund, or the refusal of its establishment appeal. On order prohibiting executions shall be entitled to appeal.

Article. 343. [the provision on the establishment of the Fund] § 1. Once completed by the applicant to the obligations set out in the order issued on the basis of article. 342 paragraph 1 or in the event of failure to fulfil these obligations within the time limit referred to in that provision, the Court after the hearing shall make an order establishing the Fund and conduct the gun or to refuse the establishment of the Fund.

§ 2. The provision concerning the establishment of the Fund and take the gun proceedings or to refuse the establishment of the Fund, may be appealed against.

§ 3. From the time when the provisions on the establishment of the Fund and the opening of the gun is followed by the effects that the right links to the establishment of the Fund (article 13 of the Convention on limitation of liability).

§ 4. After extending the provisions on non-establishment of the Court Fund to recover the sum or security submitted by the applicant to the Fund and quash the order made on the basis of article. 342 § 3.

Article. 344. [the appointment of an expert-Commissioner] § 1. After extending the provisions on the establishment of the Fund and conduct the gun Court, after hearing the participants shall appoint an expert-Commissioner out of people with appropriate qualifications. Experts-the Commissioner can also be a legal person.

§ 2. The responsibility of an expert-the Commissioner is preparing a project list of claims and the distribution plan of the Fund and a written justification of these documents.

§ 3. To the expert-Commissioner shall apply the provisions of the code of civil procedure of the experts. It is, however, entitled to a self-hosted service, against receipt, lists, by registered post or through Court, the writings of the participants to the proceedings, summon them in the same way for necessary explanations and statements in writing and their logging. If necessary for the determination of the circumstances which are among participants at issue, at the request of the expert by the bankruptcy court will carry out the relevant inquiries.

§ 4. The Court may entrust the expert-Commissioner quota management, which established the Fund. To the Board of Directors shall apply mutatis mutandis the provisions of the real estate Board in enforcement proceedings. Income received from the Board of the Fund is calculated.

§ 5. In the event of disclosure, in the course of the preparation of the project a list of claims and fund distribution plan, the dispute between the parties as to the existence or amount of the reported claims, the Court after the hearing may decide to refer the Member concerned, on the road and off the plan split the sum needed to meet the claims after this dispute.

Article. 345. [the advertisement information on the establishment of the Fund] § 1. Court orders to the public information on the establishment of the Fund and the opening of the gun, and calls on the concerned to report their claims within 6 months of publication. In the summons must include notice of the consequences of failure to the claim within the time limit.

§ 2. The advertisement should be published in writing that appears at the seat of the Court and in the official coverage nationwide. It can be communicated to in a different way, adapted to the event, which is the basis for the claims.

§ 3. If interested in participating in the proceedings-gun can be, to a large extent, persons domiciled or established in other Member States, the Court serves text ads with diplomatic representations or consular officials of those States in the Republic of Poland, asking for this post to the public in those countries. The cost of such publication shall be borne by the applicant.

§ 4. The Court may waive the notice, if it is clear that all creditors reported already their claim.

§ 5. Claims not made within the time limit will not be included in the list of claims and the distribution plan. The Court at the request of the declarant, after the due date, but not later than the approval of the draft terms of Division, perhaps with justified reasons, restore the time limit for filing the application; the provisions of article 4. 168-172 of the code of civil procedure shall apply mutatis mutandis.

§ 6. Claim interrupts the limitation period. In the event of a referral by the Court concerned participant on the way civil trial, the limitation period for the claim runs again from the date when the decision on the matter.

§ 7. Create applicant his claim after the establishment of the Fund may require changes to the final provisions on the establishment of the Fund, if it is necessary to protect its rights. Order of the Court changes it seems further to the hearing; the appeal is made.

Article. 346. [list of claims and fund distribution plan] § 1. After the expiry of the deadline for submissions, if it has been designated, the expert-the Commissioner shall draw up a draft list of claims and the draft terms of Division. After checking the Court manages the service participants and calls on them to submit, within one month, comments and objections in writing. The plan also takes into account the distribution of the sum of the claims at issue, which were not yet final.

§ 2. If comments or objections have been reported, the court approves a list of claims and the draft terms of Division in closed session. For the diagnosis of reported comments or objections the Court shall appoint a hearing. If necessary, the Court may recommend an expert-the Commissioner to amend the list of claims and the draft terms of Division. Approval of the revised list of claims and the draft terms of Division after the hearing.

§ 3. If a dispute about the validity or the amount of the claim included in the lists of claims and the draft terms of Division, the Court shall apply accordingly article. 344 § 5.

§ 4. The order approving the list of claims and the draft terms of Division may be appealed against. An appeal submitted might also prompt which does not so far in the investigation, if the reports at the same time their claim, and there are grounds to restore him to the time-limit for filing the claim.

Article. 347. [the Division of Fund] § 1. Approved by a final provision of the draft terms of Division of the Fund has the power of enforcement and is the basis for making payments from the Fund; If necessary, the Court gives it the enforcement clause.


§ 2. The Court may entrust an expert payments-the Commissioner, who is obliged to submit a report to the Court.

§ 3. The sum set aside for the satisfaction of claims at issue shall be deposited. If, after the final split plan register other creditors who did not participate in the proceedings and after the claims covered by the draft terms of Division, the Fund has not been exhausted, the Court will order to draw up an additional list of claims and the draft terms of Division; provision of art. 346 shall apply mutatis mutandis.

§ 4. After the trial the gun Court shall dismiss proceedings. In order to discontinue the proceedings, the Court shall order the applicant's return also the unused portion of the Fund; on order are entitled to appeal.

Article. 348. [remuneration expert-Commissioner] § 1. The Court shall grant the referee-Commissioner an appropriate remuneration.

§ 2. In the course of the proceedings the Court may order the payment by the applicant advances on salaries and expenses of an expert.

Article. 349. [revision] to resume the procedure, provided for in article 5. 524 § 2 of the code of civil procedure, it is only acceptable provided that the person concerned without his guilt could not participate in the proceedings.

Article. 350. [the costs of] the costs of the proceedings for the establishment and distribution of the Fund shall be borne by the applicant. To cover these costs, the applicant shall pay fixed by the Court in advance, whatever made the Fund.



SECTION II Proceedings in cases of claims and limitations of liability for pollution damage caused by ships Article. 351. [the proceedings in the matters of pollution damage caused by ships] in cases of claims for damages asserted on the basis of the provisions of title VII chapter III exclusive jurisdiction is the District Court in Gdańsk.

Article. 352. [liability of the owner of the ship] § 1. With respect to claims asserted on the basis of the provisions of title VII, section III, Chapter 2 of the owner of the vessel or the person giving financial security it may benefit from the limitation of liability, if legal proceedings will be instituted Fund for limitation of liability, in accordance with article. V of the liability Convention.

§ 2. The owner of the vessel or the person giving financial security shall bear the costs of the investigation process claim under restriction and is responsible for the interest on that claim over the boundary of liability determined in accordance with the liability Convention; However, if the Fund for limitation of liability is created by the disposal of the Court the appropriate sum of money is made up is not responsible for the interest arising after the deposit this sum.

§ 3. Proceedings in cases concerning the establishment of a fund to limit liability on the basis of: 1) of the Convention on civil liability, 2) of the Convention bunkrowej and the Division of this Fund shall apply mutatis mutandis the provisions of chapter I.

Article. 353. [proceedings of an International Fund] at the request of the person creating a fund or each of the creditors, the Court will call to participate the International Fund.

Article. 354. [enforcement] § 1. A judgment given on the basis of the liability Convention are enforceable in the Republic of Poland, in accordance with the provisions of the code of civil procedure, and of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ. EC-L 12, 16.01.2001, p. 1; Oj. EU Polish Special Edition, chapter. 19, t. 4, p. 42, as amended. d.).

§ 2. To the application for a declaration of enforceability shall be accompanied by: 1) the original of the judgment or an officially certified copy of the judgment, as well as certified in the same way the translation into Polish;

2) Declaration by the competent authorities of the Member State of the Forum, which issued the decision 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 § 1 and 2 shall apply mutatis mutandis to decisions issued on the basis of the Convention, referred to in article 1. 279 § 1, and the Protocol of 2003.



Title X conflict rules Article. 355. [property rights and privileges on the ship] § 1. (repealed) § 2. Rights in rem to a ship entered in the ship registry law of the Member State shall be fixed in the register.

§ 3. (repealed) § 4. To privileges on the ship and on the load shall apply the law of the State in which it is brought before a court a claim for satisfaction of the claim secured by privilege.

Article. 356. [events outside the territory of the coastal State] If property rights depends on the place of the event, event location, which took place on board the sea outside the territory of the coastal State, shall be deemed to be its flag State.

Article. 357. [Commitment from the failure of the common] § 1. To the obligations of the failure of the common law in force in the place in which the failure of the common journey completed.

§ 2. If all parties interested in the failure of the common are membership, the Polish law shall apply.

Article. 358. (repealed) Article. 359. (repealed) Article. 360. [entry into force] this Act comes into force within the period and under the conditions provided by law – provisions introducing a law-Code.

[1] on the basis of article. 8 of the Act of 21 June 2013, amending certain laws concerning the rights of passengers travelling by sea and inland waterway (OJ, item 1014; ost.: OJ 2014.1554), art. 182A § 1a added. Act loses power 31 December 2018.

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