Dutch Civil Code

Book 10 Private International Law

Title 10.15 Some provisions in regard of maritime law, the law on inland navigation and air law

Article 10:160 Right of priority attached to debt-claims (maritime law)
- 1. If, in the event of a bankruptcy or foreclosure, the sale proceeds of a registered ship have to be distributed in the Netherlands, then the question whether, and if so, to what extent a debt-claim which is to be satisfied from those proceeds, exists, shall be determined by the law that is applicable to that debt-claim.
- 2. The question whether, and if so, to what extent a right of priority over other creditors is attached to a debt-claim as meant in paragraph 1, and the ranking order of such debt-claim or the effects of its priority in respect of the payment from the sale proceeds, shall be determined by the law of the State under the law of which the ship was registered at the time of the start of the bankruptcy or foreclosure. Nevertheless, in determining the ranking order of debt-claims only those debt-claims can have priority over debt-claims secured by a mortgage that also according to Dutch law would have such priority.
- 3. Where the law applicable to a debt-claim does not attach any right of priority in respect of the sale proceeds of the ship or vessel, such debt-claim shall have no priority either under Dutch law.
- 4. Paragraph 2 and 3 apply accordingly to the right of recourse related to a debt-claim against the ship.

Article 10:161 Contracts (of exploitation) that may be invoked to prevent liability for tort
- 1. The question whether a party to a contract of exploitation of a ship, a person in service of or otherwise working for such party, or the owner of or person with an interest in the goods transported or to be transported, who is held liable on a non-contractual basis, is able to invoke a contract concluded by himself or by someone else in the chain of contracts of exploitation, shall be determined by the law that is applicable to the claim brought on a non-contractual basis.
- 2. Nevertheless, in the relation between two parties to the same contract of exploitation the question referred to in paragraph 1 shall be determined by the law that is applicable to that contract.

Article 10:162 Goods transported under a bill of lading
- 1. Where goods are transported under a bill of lading, the question whether, and if so, under which conditions a third person, besides the one who has signed the bill of lading or in whose name someone else has signed it, is bound or entitled as a carrier under the bill of lading, as well as the question who, towards the carrier, is the bearer of rights and obligations resulting from that bill of lading, shall be determined by the law of the State in which the harbour is located where the goods must be unloaded according to the contract, irrespective of a choice of law made by the parties to the contract of carriage of goods.
- 2. Nevertheless, where it concerns the obligation to place the agreed goods at the disposal for transport, the place and method of loading and the duration of the loading time, the questions meant in paragraph 1 shall be determined by the law of the State in which the harbour is located where the goods are loaded.

Article 10:163 Law of the State where the harbour of unloading is located
Irrespective of the law that is applicable to the contract of carriage of goods, the law of the State in which the harbour is located where the goods are brought for unloading, shall determine the question:
a. whether and to what extent the carrier has a right of retention in respect of the goods, and;
b. whether and under which consequences the carrier or the person who towards the carrier is entitled to take delivery of the goods, has the right to request the court for a judicial inquiry into the condition in which the goods are delivered and, when one of the aforementioned persons suspects that the goods or a part thereof are lost or damaged, has the right to request the court for a judicial inquiry into the cause of these losses or damages, including an estimation of the damage or loss.

Article 10:164 Liability for collision (and damage caused by a seagoing ship)
To the extent that the liability for a collision at high sea is not covered by the Rome II Regulation, it shall be governed by the law of the State where the relevant legal claim (right of action) is filed in court. The first sentence applies also if the damage is caused by a seagoing ship without any collision taking place.

Article 10:165 Recognition of the rights mentioned in the Geneva Convention of 1948
- 1. The rights mentioned in the Convention on the International Recognition of Rights in Aircraft, concluded at Geneva on 19 June 1948 (Treaty Series 1952, 86), shall be recognized under the conditions and consequences as referred to in that Convention.
- 2. Such recognition has no effect to the detriment of a seizing creditor or a seller at a sale by foreclosure when the transfer or establishment of the meant rights has taken place by the person whose property is seized while he was aware of the seizure.