To make things as clear as possible even from the very beginning, it needs to be underlined that higher education in Cyprus is regulated according to the provisions of the Bologna Process dating back in 1998. There are four types of institutions allowed to be operating in the country, namely Public Universities, Private Universities, Public […]
A seafarer, employed onboard a vessel by virtue of an employment agreement entered into with the ves sers managds representative, sued for unpaid amounts. He sued the owner, the manager, and two individuals as manager,s consecutive representatives. The Court found all defendants were liable. Apart from the owner, joint and several liability applies for the […]
The exploiter of a vessel is the party which uses, for its own account, a vessel belonging to another party. Exploitation refers to the maritime activity like the transport of goods and / or people, towage, fishing for profit. Exploiter has the maritime command of the vessel, and the will to exercise the maritime activity […]
The right of an entrepreneur to allocate funds for the incorporation and operation of a legal entity pursuing commercial activity is founded and, when exercised, produces legal effects; the legal entity which is formed, is independent from the founder and its actions count for it. The above is not applicable when the legal personality of […]
Insured party sustained a damage from a peril insured against and received insurance remuneration.It then sued the guilty party. The latter alleged that claimant was not entitled to sue, since they had received insurance remuneration.According to their view, the underwriters could only sue, applying the doctrine of subrogation.The court examined, under the light of applicable […]
A yacht was insured pursuant relevant request. Institute Yacht Clauses applied, providing among other terms, that repairs should be effected by maker or his representative or authorized repairer. Insurance remuneration claim having arisen, the Insurers denied payment for breach of above clause. The owner sued alleging that such clause was not within the insurance request. […]
A seafarer became triplegic [paralysis of three limbs] when he slipped and fell from a ladder onboard the vessel on which he was employed. He sued his employer for failure to observe safety rules, as a result of the accident that had occurred. The owners alleged safety equipment was available, however they had not provided […]
Yachts Manning Yachts with a total length of up to twenty-four (24) meters are permitted to be chartered out without a captain or crew. Such yachts are governed by a skipper, who shall be hired by the owner and deemed to be a servant thereof, as provided specifically in the charter party. Registered seafarers being […]
Where distance between ports is less than 30 miles, a separate collective agreement applies for crew employment on vessels performing such itinerary. Further, the master has the right to terminate the contract of a seafarer at any time. In such a case the seafarer is entitled to dismissal remuneration. On the other hand, the seafarer […]
In view of the escalating challenges the world faces as a result of the Coronavirus-COVID-19 pandemic, the leading international shipping exhibition Posidonia 2020 has been re-scheduled from the first week of June to the end of October 2020. “The need to safeguard the health and wellbeing of our exhibitors and visitors, while at the same […]
Application of English law in a Marine Insurance contract by virtue of contractual agreement is lawful and avails the parties to a well tested and reliable legal system. Marine Insurance Act 1906 provisions apply. In a case involving loss of a vessel insured under MIA 1906, a mortgagee invoked a provision of Greek Code of […]
Α pleasure yacht was insured but an express exception applied for theft without the use of violence and without signs of violation in the yacht or the place of her maintenance. The yacht was chartered to individuals who disappeared with it and the owner sought insurance remuneration. The insurers refused to pay invoking the above […]