Dutch
Civil Code
Book 8 Transport law and means of transport
Title 8.4 Crew of a seagoing ship
Articles 8:232 - 8:259 [reserved for future legislation]
Article 8:260 Authority (power) of the captain
- 1. The captain is authorized to perform juridical
acts which immediately seek to bring the ship into operation or to keep
the ship in operation. For this purpose a juridical act includes the receipt
of a declaration.
- 2. The captain is authorized to issue bills
of lading for goods which have been received and accepted for carriage
and to issue tickets for passengers to be transported on the ship. He
is also authorized to enter into contracts for salvage and to collect
the reward or special compensation on behalf of the shipowner and the
proprietors of property on board the ship.
Article 8:261 Duty to look after certain interests
- 1. The captain is obliged to look after the
interests of charterers and proprietors of property on board the ship,
if possible also after the unloading thereof, and to take all measures
necessary for that purpose.
- 2. If it is necessary, in view of the obligation
to look after the before meant interests, to perform juridical acts immediately,
then the captain is authorized to do so. For this purpose a juridical
act includes the receipt of a declaration.
- 3. As far as this is possible, the captain
shall immediately give notice of any special occurrences to the persons
interested in the property involved and shall act in consultation with
them and according to their instructions.
Article 8:262 Limitations of the authority
(power of attorney) of the captain
- 1. Limitations of the legal authority of
the captain can be invoked only against third persons if those limitations
have been announced to them.
- 2. The captain only binds himself when he
exceeds the boundaries of his legal authority.
Articles 8:263 - 8:359 [reserved for
future legislation]
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