Excerpt from The Maritime Code (Official Gazette No. 181/04 dated 21.12.2004)
CONTRACTS OF MARITIME AGENCY
By a Contract of Maritime Agency, the Maritime Agent undertakes to perform maritime agency services and services of assistance, mediation and representation, for and on behalf of the Principal, on the basis of a general or special authorization whereas the Principal undertakes to reimburse the Maritime Agent for the expenses and pay to him a remuneration.
Maritime Agency services are particularly services relating to the navigation, ships and their employment especially for: assisting and clearance of ships, mediation in concluding contracts of employment of ships, sale and purchase, building, modification and ship repairing, insurance of ships, insurance of cargoes and interests, supplying and taking care of the passengers.
(1) Under a Maritime Agency Agreement based on a general authorization the Maritime Agent undertakes, for and on behalf of the Principal, to perform all services or all services of a determined type in the field of his activity.
(2) A Maritime Agency Agreement based on a general authorization must be drawn in writing.
(3) An agreement which is not drawn up in writing shall have no legal effects.
(4) In case of doubt as to the limits of the general authorization it will be assumed that it shall refer to the clearance activities.
(5) If a Maritime Agent deals exclusively with mediation or with the stipulation of contracts of employment of ships, in case of doubt as to the limits of the general authorization, it will be assumed that it shall refer to the mediation for stipulating such agreements, excepting bare boat charters, charters by demise and time charters for a whole ship.
If the Principal limits the authorization of the Maritime Agent regarding the usual services of a Maritime Agent, such limitation shall have no legal effect in respect of third persons who had no knowledge of the said limitation nor ought to have had knowledge of the same under the existing circumstances.
The Maritime Agent is obliged and authorized within the limits of the given authorization to perform services which are necessary or customary in order to fulfil any received orders with the due diligence of a good businessman.
The Maritime Agent may sign a contract of employment of a ship for and on behalf of both contracting parties on the basis of an express authorization of the contracting parties.
If the Maritime Agent does not expressly declare that he is acting in the capacity of a Maritime Agent, it shall be deemed, in respect of the person in good faith that the Maritime Agent is acting in his own name.
(1) The Maritime Agent shall be entitled to an advance for his expenses and those made for the Principal and to remuneration.
(2) If the expenses and the remuneration are not paid to the Agent, the Agent has the right of retention of the Principal’s property.
The Maritime Agent is entitled to the reimbursement of the expenses and to a remuneration for the mediation and stipulation of contracts by the mere fact that he mediated in the conclusion of the contract.
The Ministry herewith brings the rules on the conditions required to perform the activity of the Maritime Agents, their rights and obligations , unless prescribed by this Code.
– – –