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Arab Republic of Egypt - Law - No. 8 of 1990 promulgated on April 22nd 1990, published on 1990-05-03, shall be
enforced as of 1990-11-03 regarding the issuance of the Maritime Trade Law. Official Gazette 18 continued

( Judgment Applications (68) (/data/ahkam/app/1/4821

( Fatwas of the State Council (7) (/data/fatwa/app/1/4821

( Legislation Amendments (3 ( Constitutional Inquiry (2) (/data/ahkam/app/2/4821

Print  ( Official Source of Legislation (240 ( Referred Legislation (10

Signed: Mohamed Hosni Mubarak - President of the Republic

Preamble

:The People's Assembly has decided the following law, and we have issued it

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Issuance materials

Article 1 Issue

Subject to the rules and provisions contained in the special laws, the provisions of the
accompanying Maritime Trade Law shall be enforced, and the Maritime Trade Law
.promulgated on November 13, 1883 shall be repealed

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( Previous relationships (279 ( Precision Applications (1) (/data/ahkam/app/1/4821/1716651 

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Article 2 Issue

The President of the Republic determines by a decision issued by the Competent Minister
and the competent administrative authority in implementing the provisions of the attached
.law

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Article 3 Issue

This law shall be published in the Official Gazette and shall be enforced after six months
.from the date of its publication

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Maritime Trade Law - Chapter One - On the Ship - Chapter One - General Provisions

Article 1

A ship is every facility that normally operates or is prepared to work in marine (1)
.navigation even if it does not aim for profit
.The ship's accessories necessary for its exploitation are considered part of it (2)

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Article 2

With the exception of cases in which a special provision is provided, the provisions of this
law do not apply to warships and ships designated by the state or by a public person for
.public service and non-commercial purposes

( Comparative Studies (9 ( Fatwas of the State Council (1) (/data/fatwa/app/1/4821/1717083

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
Article 3

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The provisions of the laws pertaining to this shall apply to the registration, control, and
.safety of ships and the documents that must be carried

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Article 4

Taking into consideration the provisions stipulated in this law, the provisions of the
movable money shall apply to the ship, except for the ruling of possession of it with
.possession

( Comparative Studies (4 ( Fatwas of the State Council (1) (/data/fatwa/app/1/4821/1717087

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Article 5

Without prejudice to the provisions stipulated in special laws, the ship acquires the
Egyptian nationality if it is registered in one of its ports, and it is owned by a natural or
legal person who enjoys this nationality, and if the ship is commonly owned, the majority
.of the shares must be owned by Egyptians

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717089 

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Article 6

Every Egyptian ship must fly the flag of the Arab Republic of Egypt, and it is not (1)
.permissible to fly another flag except in cases in which maritime custom is based on that
The ship must have a name approved by the competent administrative authority, and (2)
this name must be accompanied by the ship's registration number on a visible place
.thereof in accordance with the provisions issued by a decision by the competent minister
The owner of the ship must indicate its total cargo and net cargo. These two cargoes (3)
shall be determined by a decision of the competent administrative authority, and this
.authority shall give the concerned parties a certificate of that
Both the owner and the captain in violation of the provisions stipulated in this Article (4)
shall be punished by imprisonment for a period not exceeding one year and a fine not
exceeding three thousand pounds, or by one of these two penalties, unless the intention of
.the violation is to prevent the ship from falling into captivity

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Article 7

Foreigners residing in the Arab Republic of Egypt must obtain a license from the (1)
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competent administrative authority in the event that the pleasure vessels owned by them
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special registry for that. The license shall be canceled if the vessel is used for other than
excursion purposes, and the registry office shall be notified of that to cancel the
.registration
The ships referred to in the previous paragraph must fly the flag of the country of (2)
.whose nationality it is not permitted to fly the flag of the Arab Republic of Egypt
The owner of the cruise ship who violates the provisions of this article shall be (3)
punished by imprisonment for a period not exceeding one year and a fine not exceeding
.three thousand pounds, or by one of these two penalties

( Comparative Studies (3 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717093 

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Article 8

Only vessels of Egyptian nationality may fish, tow, or pilot in the territorial waters, nor (1)
.may they coastal navigation between Egyptian ports
It is permissible, by a decision of the competent minister, to license ships of foreign (2)
nationality to carry out one or more of the works mentioned in the previous paragraph, for
.a specific period of time
Whoever violates the provisions of this article shall be punished with imprisonment and (3)
.a fine not exceeding five thousand pounds, or one of these two penalties

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Article 9

The provisions of Egyptian criminal legislation shall apply to crimes committed against (1)
.every vessel flying the flag of the Arab Republic of Egypt
With regard to maintaining order and discipline in the ships mentioned in the previous (2)
.paragraph, the provisions of the laws pertaining to this shall apply

( Comparative Studies (5 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717097 

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
Article 10

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The court of first instance in whose jurisdiction the registration office of the ship flying the
flag of the Arab Republic of Egypt is located shall have the jurisdiction to hear the in-kind
.cases related to it, unless the law stipulates otherwise
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Article 11

The actions that are the subject of the creation, transfer, or expiration of the right of (1)
ownership or other in-kind rights, fall on the ship with an official warrant, otherwise they
.are void
If these actions take place in a foreign country, they must be written before the consul (2)
of the Arab Republic of Egypt in that country, and when he is not present, it is before the
.competent local employee
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The actions referred to in the previous paragraph shall not be effective with respect to (3)
third parties unless they are publicized at the request of the concerned parties in the ship
registry kept at the competent registration office, and the registration order shall be
.according to the precedence of registration in this register

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Article 12

It is not permissible to transfer the ownership of an Egyptian ship to a foreigner with or (1)
without consideration, nor may it be chartered to a foreigner for a period exceeding two
.years, except after obtaining permission from the competent minister
Whoever violates the prohibition stipulated in the previous paragraph of this article (2)
shall be punished by imprisonment for a period not exceeding one year and a fine not
.exceeding three thousand pounds, or by either of these two penalties

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Maritime Trade Law - Chapter One - On the Ship - Chapter Two - Real Rights on the Ship - First - Building the Ship

Article 13

.The ship building contract and any amendment to it shall not be proven except in writing

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Article 14

The ownership of the ship remains with the construction contractor, and the ownership
does not transfer to the building requester unless it is accepted to receive it after its test,
.unless there is an agreement to the contrary

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Article
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The construction contractor shall guarantee that the ship is free from hidden defects, even
.if - the building requester accepts the ship after its trial

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Article 16

The case for guaranteeing hidden defects shall expire with the lapse of one year from the
time of knowledge of the defect, and that lawsuit shall lapse after two years from the time
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of receipt of the ship, unless it is proven that the construction contractor deliberately
.concealed the defect by fraud

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Article 17

The provisions of Articles 15 and 16 of this law shall apply to contracts that are the subject
.of repairs to the ship

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Maritime Trade Law - Chapter One - On the Ship - Chapter Two - Real Rights on the Ship - Second - Common Ownership

Article 18

The majority opinion shall be followed in every decision related to the exploitation of a (1)
.commonly owned vessel, unless the law stipulates or otherwise agrees
The majority, with the approval of the owners, is available for more than half of the (2)
.shares in the ship unless the law provides or the owners agree on another majority
Each owner of the minority that did not agree to the decision may appeal it within (3)
fifteen days from the date of its issuance before the court of first instance in whose
jurisdiction the ship registration office is located, and the court may retain the decision or
cancel it, and the appeal does not result in stopping the implementation of the decision
.unless if The court ordered it

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
Article 19

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It is permissible, by a decision of the majority of the owners, to entrust the management (1)
of the commune to one or more of the owners or others, and if no manager is appointed
for the commune, each owner shall be considered its manager, and when there is a
English
.multiplicity of managers, they must work together unless it is agreed otherwise
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.The names of the managers must be shown in the ship registration sheet (2)

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Article 20

The manager has the right to carry out all the actions and actions required by the (1)
management of commonness, and nevertheless it is not permissible for him except with
the permission of the owners to issue by the necessary majority the sale or mortgage of
the ship or the arrangement of any other right in rem on it or leasing it for a period
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.exceeding one year

Any agreement to restrict the manager's authority other than what was mentioned in the (2)
.previous paragraph is not invoked against others

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Article 21

Each owner shall bear a share in the common expenses and in the loss in proportion to his
share in the ownership of the ship unless otherwise agreed, and he shall have a share in
.the net profits resulting from the exploitation of the ship in the same proportion

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Article 22

If the manager is one of the owners in common, then he is responsible in all his money for
the debts arising from the communal, and if there are multiple managers, they are
responsible for all their money jointly among themselves, and every agreement to the
contrary is not invoked against others. The owners who are not managers shall be
responsible for all their funds and jointly with each other about the debts arising from the
communal debt, unless agreed otherwise, and this agreement is not invoked between them
.on others except from the date of its publication in the ship registration paper

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Article 23

Every common owner has the right to dispose of his share without the consent of the (1)
other owners, unless the disposal would lead to the loss of the ship’s Egyptian nationality,
.and all owners must agree to it

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Nevertheless, it is not permissible for the owner to pledge his share in the ship without (2)
.the consent of the owners who possess at least three quarters of the shares
The owner who disbursed his share remains liable for the debts related to the (3)
English
.commonness until the date of the disposal of the ship in the ship registration sheet
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Article 24

If one of the owners sells his share in the ship to a foreigner, the buyer must notify the (1)
other owners by registered letter with acknowledgment of receipt of the sale and the
.agreed price
Each owner has the right to recover the sold share by a declaration addressed to both (2)
the seller and the buyer, on the condition that he pay the price and the expenses or
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present them in a real offer in accordance with the law, and to file the lawsuit when
necessary, within thirty days from the date of the notification stipulated in the previous
.paragraph
If more than one owner is required to recover, then the share sold is divided among (3)
.them in proportion to their shares

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717187 

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Article 25

If the owner is one of the workers on the ship, he may, in the event of his dismissal from
his work, withdraw from the community, and his share in the event of disagreement is
.assessed with the knowledge of the competent court

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Article 26

The ship may not be sold except by a decision issued with the approval of the owners (1)
in possession of at least three quarters of the shares, and specifying in the decision how
.the sale will take place and its conditions
Each owner may, in the event of a dispute between the owners that it is not possible for (2)
the continuation of the common interest in a beneficial manner, to request the competent
court to order the termination of the state of commonality and the sale of the vessel, and
.the judgment shall indicate how the sale took place and its conditions

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Article 27

If the seizure occurs on shares representing more than half of the vessel, the compulsory
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sale shall include the entire vessel. Nevertheless, the court may order, upon the request of
one of the By
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.shares if serious reasons justify this request

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Article 28

Commonality does not expire upon the death or seizure of one of the owners, or the
.declaration of his bankruptcy or insolvency, unless it is agreed otherwise

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Maritime Trade Law - Chapter One - On the Ship - Chapter Two - Real Rights on the Ship - Third - The concession rights
on the ship

Article 29

:They are excellent rights without others, including the following

.The judicial expenses incurred in selling the ship and distributing its price -1
Fees and taxes owed to the state or to a person of public law, as well as fees for cargo, -2
.ports, pilotage, towing, guard expenses, maintenance and other marine services
Debts arising from the work contract of the captain, seafarers and others bound by a -3
.contract of employment on the ship
.Rewards due for salvage and the ship’s share in joint losses -4
Compensation due for collision or pollution and other navigation accidents, -5
compensation for damage to port installations or docks, navigation routes, compensation
for physical injuries that occur to passengers, captain and sailors, and compensation for
.loss or damage to goods and luggage
Debts arising from contracts concluded by the captain and the operations that he -6
carries out outside the port of registration of the ship within the limits of his legal powers
for an actual need necessitated by the maintenance of the ship or the continuation of
travel, whether the captain is the owner of the ship or not owner of it and whether the debt
is owed to him or the importer, the lenders, or the persons who They repaired the ship or
other contracting parties, as well as the debts owed by the supplier due to the work
.performed by the ship's agent in accordance with Article 140 of this law

( Comparative Studies (13 ( Precision Applications (4) (/data/ahkam/app/1/4821/1718243 

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Article 30

.Franchise rights are not subject to any formality or evidentiary requirement

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Article 31

The concession rights stipulated in Article 29 of this law are attached to the ship and (1)
the freight for the voyage during which the debt arose, and on the ship's attachments and
.carriage fare acquired since the start of the voyage
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Nevertheless, the privilege provided for in Clause 3 of Article 29 entails the (2)
.transportation fees payable on all trips that take place during one work contract

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Article 32

The following are considered from the annexes of both the ship and the freight for (1)
:transportation
a) Compensation owed to the owner for material damage that was caused to the ship that)
.has not been repaired, or for loss of freight
B) Compensations owed to the owner for joint losses if they arise from material damage)
.to the ship that has not been repaired, or for loss of freight
C) The rewards owed to the owner for the salvage work that took place until the end of the)
voyage after deducting the sums owed to the captain, sailors and others bound by a
.contract of employment on the ship
.The passenger fare is considered the transportation fare (2)
Compensations owed to the owner by virtue of insurance contracts, subsidies, or (3)
assistance granted by the state or by any of the public legal persons are not considered
.from the ship's annexes and the freight for transportation

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Article 33

The right of lien over the freight for carriage remains as long as the fare is payable or is
under the hands of the captain or the owner’s representative. The same applies to the
.concession over the ship’s accessories and freight charges

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Article 34

Preferred debts relating to a single trip shall be arranged according to the arrangement (1)
English .provided for in Article 29 of this Law
The debts
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.the distribution in proportion to the value of each
The debts mentioned in Clauses 4 and 6 of Article 29 are arranged with respect to each (3)
.item separately, according to the reverse order of the date of their origin
.Debts related to one accident are considered on one date (4)

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Article 35
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Preferred debts arising from any flight in advance of preference debts arising from a (1)
.previous flight
However, the debts arising from one employment contract related to several voyages all (2)
.come in line with the debts of the last voyage

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Article 36

.Debt Premium Tracking Ship In What Hand Was

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Article 37

:The royalty expires on the vessel in the following two cases

.A) Forcible sale of the vessel)
B) The sale of the vessel voluntarily, and the concession shall expire in this case after the)
lapse of sixty days from the date of the completion of the month of the sale contract in the
ship register, and the concession rights shall pass to the price unless it has been paid,
however these rights shall remain based on the price if the excellent creditors declare both
of the owner The old and the new owner by virtue of a report and within the time
.mentioned in this article with their opposition to paying the price

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
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Article 38

The concession rights on the vessel shall expire with the lapse of one year, except for (1)
English rights guaranteeing the supply debts referred to in Clause 6 of Article 29,
the concession
.which shall expire after the lapse of six months
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The period referred to in the previous paragraph shall run into effect according to the (2)
:following
a) With regard to the concession rights guaranteeing a salvage reward, from the day these)
.operations are ended
B) With regard to privileged rights guaranteeing compensation arising from collision,)
.other accidents and bodily injury from the date of the damage
C) With regard to lien rights guaranteeing compensation arising from loss or damage of)
goods and baggage from the day the goods or luggage were delivered or from the day on
.which they should have been delivered
D) With regard to the concession rights guaranteeing debts of repairs, supplies and all)
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.other cases referred to in Clause 6 of Article 29 from the day the debts are due
.In all other cases, the period shall run from the day the debt becomes due (3)
The delivery of the captain, seafarers and others who are bound to a contract of (4)
employment on the ship shall not entail amounts in advance or on account of their debts
referred to in Clause 3 of Article 29 being due for payment before the deadline set for them.
(5) The lapse period extends to three years if the vessel on which the concession is
.decided cannot be seized in the territorial waters of the Arab Republic of Egypt
Only persons who have the nationality of the Arab Republic of Egypt or who have a
residence in it, or persons who belong to the nationality of a country that treats the
.citizens of the Arab Republic of Egypt equally, shall benefit from this

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Article 39

The competent maritime administration has the right to detain the shipwreck as a
guarantee of the expenses of removing it, picking it up, or lifting it, and it has the right to
sell it administratively by auction and obtain its debt from the price in preference to other
creditors, and the rest of the price shall be deposited in the treasury of the competent
.court

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
Article 40

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The provisions of Articles 29 to 39 of this law shall apply to ships that are exploited by the
supplier, the owner or the supplier, other than the owner or the original charterer, however
the aforementioned provisions do not apply if the owner loses possession of the vessel by
English
.an unlawful act and the creditor is in bad faith
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Maritime Trade Law - Chapter One - On the Ship - Chapter Two - Real Rights on the Ship - Fourth - Maritime Mortgage

Article 41

.A ship's mortgage is only concluded through an official contract

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Article 42

If the ship is jointly owned, it may be mortgaged with the approval of the owners in
possession of at least three quarters of the shares. If this majority is not available, the
matter may be referred to the competent court to decide in accordance with the interests
.of the owners in the commonality

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Article 43

.The mortgage imposed on the ship or a share thereof remains on its wreck (1)
The mortgage imposed on the ship shall not apply to the freight, subsidies, or aid (2)
granted by the state or a public legal person, or compensation amounts owed to the owner
for damages to the ship or under insurance contracts. Nevertheless, it is permissible to
Index of articles

agree in the mortgage contract expressly provided that it is fulfilled. The creditor is entitled
 .to the sum insured, provided the insured accept that in writing or notify them of it

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☰

Article 44

A ship may be mortgaged while it is in the construction phase, and the registration of the
pledge must be preceded by a declaration in the registry office located in the circle where
the ship is built, indicating this location, the length of the ship, its other dimensions and its
.cargo approximately

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Article 45

The pledge shall be entered in the ship registry at the ship's registry office, and if a
English
mortgage is arranged on the ship while it is in the building cycle, it must be registered in
.the ship
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Article 46

For the registration procedure, an official copy of the mortgage contract must be
submitted to the ship registration office, and two lists signed by the registration applicant
:must be attached to it, including in particular the following
.a) The name of each of the creditor and debtor, his place of residence and profession)
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.B) The date of the contract)

.C) The amount of debt indicated in the contract)
.D) Conditions for fulfillment)
E) The name and description of the mortgaged vessel and the date and number of the)
.registration certificate or building approval for the ship
F) The place chosen for the creditor in the department of the registry office in which the)
.registration takes place

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Article 47

The registration office proves the summary of the mortgage contract and the contents of
the two lists stipulated in the previous article in the registry, and the applicant delivers one
of them after annotating it with a statement indicating that the registration has occurred
.and this is proven in the registration certificate

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Article 48

If the debt secured by the mortgage is authorized by the creditor, its endorsement entails
the transfer of the rights arising from the mortgage to the new creditor, and the name of
.this creditor must be indicated in the record of the pledge

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Article 49 

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The record of the pledge shall be kept for a period of ten years from the date of its
execution, and the effect of this restriction shall be null and void if it is not renewed before
.the end of this period
English
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Article 50

The mortgage shall be next in rank to the concession, and the debt secured by mortgage
shall be ranked according to the date of their registration, and if several mortgages are
.registered in one day, they shall be considered in one rank

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Article 51

The mortgagee creditors of a ship or a part of it follow it in whatever hand it is, and it is not
permissible to dispose of the mortgaged vessel after entering the record of seizure in the
.ship registry

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Article 52

If the pledge is on a part not exceeding half of the vessel, then the mortgagee has no (1)
choice but to seize and sell this part, and if the pledge is on more than half of the vessel,
the court may, upon the creditor’s request, after making the attachment, order the sale of
.the entire vessel
In the case of commonality, the creditor must formally notify the rest of the owners - (2)
fifteen days before the commencement of the sale procedures - to pay the debt owed to
.him or to continue the execution procedures

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Article 53

The judgment of the auctioneer shall clear the ship of all mortgages, and the creditors'
.rights shall be transferred to the price

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Article 54


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If the ownership of the mortgaged ship, or some of it, is transferred before the record of (1)
the seizure is recorded, then the mortgagee who has taken the execution measures on the
ship must notify the holder of the seizure report with a warning to him on the hand of a
English
.record to pay the price
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If the holder wants to avoid seizure and sale procedures, he must, before starting the (2)
procedures or within the fifteen days following the notification, announce to the creditors
registered in the ship registry by a reporter in their chosen location with a summary of the
contract with an indication of its date, name, type, cargo, price, expenses and a list of the
debts registered With their dates, amounts, names of creditors, and his readiness to pay
.debts secured by mortgage, whether due or not due, within the limits of the ship's price

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Article 55
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Each creditor may, in the case described in the previous article, request the sale of the (1)
vessel or part of it by auction, with permission to increase the tithe and the submission of
.a guarantee of the price and expenses
This request must be notified to the holder signed by the creditor within ten days from (2)
the date of the announcement stipulated in the previous article, and the request includes
instructing the holder to appear before the court in which the ship is located in its circuit
or the court in whose jurisdiction the port of registration of the ship is located if it is not
.present. In an Egyptian port, to hear the ruling for conducting auction sales

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Article 56

If no mortgagee has submitted the request mentioned in the previous article, the holder
may purify the ship of the mortgages by depositing the price in the court's treasury, and in
this case he may request to cancel the pledge record without following any other
.procedures

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Article 57

Subject to the provisions of Paragraph (1) of Article 12 of this Law, if the mortgaged (1)
vessel is sold voluntarily to a foreigner, the sale is void unless the creditor of the
.mortgagee in the sale contract relinquishes the mortgage
The seller who violates the provisions of the preceding paragraph shall be punished (2)
with imprisonment for a period not exceeding one year and a fine not exceeding three
.thousand pounds, or by either of these two penalties 
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Article 58

Subject to the provisions of Article 56 of this law, the record of the pledge shall be
canceledEnglish
based on a judgment or agreement between the creditor and the debtor, and in
the latter case,
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.his signature with his agreement to cancel the pledge record

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Maritime Trade Law - Chapter One - On the Ship - Chapter Three - Seizure of the ship - First - Precautionary seizure

Article 59

A precautionary seizure may be made on the ship by order of the head of the competent
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court of first instance or his representative, and it is permissible to order the imposition of
.this seizure even if the ship is ready to travel

( Comparative Studies (8 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718029 

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Article 60

A precautionary seizure may only take place in fulfillment of a maritime debt, and the debt
:shall be considered maritime if it arises from one of the following reasons
.a) Port and waterway fees)
.B) Expenses for removing, salvaging or lifting ship wrecks and cargo)
C) Damages caused by the ship due to collision, pollution, or other similar maritime)
.accidents
.D) Loss of human life or bodily injury caused by or arising from the ship's exploitation)
.E) Contracts for the use or charter of the ship)
.F) Ship insurance)
.G) Contracts for the carriage of goods under a lease contract or shipping document)
.H) The loss or damage of the goods and baggage carried by the ship)
.I) Rescue)
.J) Joint losses)
.K) Ship diameter)
.L) Counseling)
M) The supply of materials or tools necessary for the exploitation or maintenance of the)
.ship, regardless of the authority from which the supply took place
.N) Building, repairing, or equipping the ship, and the expenses of its presence in docks)
.Q) Wages of captain, officers, sailors, and maritime agents)
P) The sums spent by the master, shippers, charterers, or marine agents for the account)

.of the ship or for the account of its owner
.F) Dispute over the ownership of the vessel)

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R) Disputes over the common ownership of a ship, its possession, its exploitation, or the)
.rights of the owners over the commonality of the sums resulting from the exploitation
.S) Marine mortgage)
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( Constitutional Inquiry (1 ( Precision Applications (3) (/data/ahkam/app/1/4821/1718031 

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Article 61

Everyone who clings to one of the debts mentioned in the previous article may seize (1)
the vessel to which the debt relates, or on any other vessel owned by the debtor if it was
.owned by him at the time the debt arose
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However, seizure of a ship other than the one to which the debt relates is not (2)
.permissible if the debt is a debt stipulated in clauses (q), (r) and (s) of the previous article

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Article 62

If the ship's charterer is in charge of its navigation management and is solely (1)
responsible for a maritime debt related to it, the creditor may impose seizure on this ship
or on any other vessel owned by the charterer, and it is not permissible to impose seizure
.on any other ship of the chartered owner under that maritime debt
The provisions of the preceding paragraph shall apply in all cases where a person other (2)
.than the owner of the vessel is liable for a maritime debt

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718035 

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Article 63

The head of the court of first instance or his representative shall order the lifting of the (1)
.seizure if a surety or other guarantee sufficient to fulfill the debt is presented
Nevertheless, it is not permissible to order lifting the seizure if it is decided due to the (2)
marine debts mentioned in Clauses (P) and (R) of Article 60 of this law. Or by organizing 
the ship's management during the period of confinement in the manner determined by
.permission

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( Comparative Studies (7 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718037 

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Article 64

Receive a copy of the seizure report to the captain of the ship or whoever takes his (1)
place, a second copy to the competent marine authority in the port in which the seizure
took place to prevent the ship from traveling, and a third copy to the registration office at
.the aforementioned port
If the ship was registered in the Arab Republic of Egypt, the registry office in the port in (2)
which the seizure took place shall notify the ship's registry office to have it entered in the
.registry
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Article 65

The creditor has to file the case for the debt and the validity of the seizure before the court
of first instance in whose circuit the seizure took place within the eight days following the
handing over of the seizure report to the master or his representative, otherwise the
.attachment shall be deemed null and void

( Comparative Studies (4 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718041 

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Article 66

The ruling regarding the validity of the seizure includes the order to sell, its conditions, (1)
.the day set for conducting it, and the basic price
The judgment may be appealed, regardless of the amount of the debt, within fifteen (2)
.days from the date of its issuance

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Maritime Trade Law - Chapter One - On the Ship - Chapter Three - Confinement on the Ship - Second - Executive Seizure


Article 67

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It is not permissible to impose executive seizure on the ship except after formally (1)
warning the debtor to pay, and it is permissible to warn and sign the seizure with one
English .procedure
The notice must be delivered to the person of
Powered ByTranslate (Https://Translate.Google.Com) the owner or in his residence. And if the (2)
matter is related to a debt on the ship, it may be delivered to the captain or whoever takes
.his place

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Article 68

Receive a copy of the seizure report to the captain of the ship or whoever takes his (1)
place, a second copy of the competent marine authority in the port in which the seizure
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took place to prevent the ship from traveling, a third copy of the registration office at the
.said port, and a fourth copy of the consul of the country whose nationality the ship has
If the ship was registered in the Arab Republic of Egypt, the registry office at the port in (2)
which the seizure took place shall notify the ship's registry office of the seizure to be
.entered in the registry

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Article 69

The seizure report must include the summons to appear before the execution judge in (1)
.the court in whose circuit the seizure took place to hear the decision of the sale
It is not permissible for the session to be fixed before the fifteenth day or after the (2)
thirtieth day from the date of attachment, and a distance period shall not be added to this
.date

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Article 70

If the court orders the sale, it must specify the basic price, conditions of sale and the (1)
.days on which the auction takes place
The sale shall be announced by publishing in one of the daily newspapers, and the (2)
conditions of the sale shall be affixed to the ship's registry office, on the ship itself, and in
any other place designated by the court
.
.B) A statement of the bond under which the execution takes place)
.C) The amount for which it is reserved)
D) The place chosen by the distrainer in the circuit of the court in which the ship is) 
.located
.E) The name and domicile of the shipowner)
.F) Name and domicile of the distrained debtor)

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.G) The name and description of the ship)

.H) The captain's name)
.I) The place where the ship is located)
English
.J) The base price and terms of sale)
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.K) The day, place and hour in which the sale takes place)
The sale shall not be effected except after fifteen days have passed from the date of (3)
.completion of the publication procedures
If the creditor does not complete the publication procedures within sixty days from the (4)
date of issuance of the sale order, the court may - at the debtor’s request - decide that the
.attachment is considered as if it did not exist

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Article 71
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The sale takes place after two sessions, seven days apart, and the largest bid is accepted
in the first session on a temporary basis, and it is taken as a basis for auction in the
second session in which the sale is finally made to the bidder who submitted the largest
.bid in the two sessions

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Article 72

If a bid is not submitted on the day set for sale, the court must set a new basic price less
than the first, not exceeding one-fifth, and set the day on which the auction takes place,
.and follow the announcement procedures stipulated in Article 70 of this law

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Article 73

The header of the auction must pay one-fifth of the price as soon as the auction is awarded
to him, provided that the remainder of the price and expenses are deposited in the court's
treasury within a maximum of seven days from the date of the auction, otherwise the
.vessel is resold at his responsibility

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Article 74

It is not permissible to appeal the judgment of the auction house except for a defect in (1) 
.the auction procedures or in the form of the judgment
The time for appeal shall be fifteen days from the date of issuance of the judgment, and (2)
.no distance period shall be added to this date

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English
Article
Powered ByTranslate (Https://Translate.Google.Com) 75

The lawsuits filed with a claim of entitlement and invalidity of seizure must be (1)
submitted to the clerk's office of the court that conducts the sale at least forty-eight hours
before the day set for the auction, and the submission of these lawsuits results in stopping
the sale procedures, and the judgment issued in these cases may be appealed within
.fifteen days from Its release date
If the plaintiff loses the lawsuit, he may be sentenced to a fine of not less than five (2)
hundred pounds and not exceeding three thousand pounds, without prejudice to the
.compensation if it was necessary
The merit claims filed after the auction berth ruling is issued as a tender for the delivery (3)
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.of the sums obtained from the sale

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Article 76

With regard to the distribution of the price obtained from the auction, the provisions
stipulated in the Civil and Commercial Procedures Law regarding the distribution of
.execution proceeds shall apply

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Article 77

If the vessel is sold as a result of seizure, the auctioneer shall not be bound by the work
.contracts of the captain or the sailors who work on it

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Maritime Trade Law - Chapter Two - Concerning Maritime Persons - Chapter One - Owner and Supplier

Article 78

The provider is the one who exploits the ship for his own account as an owner or tenant of
.it and the owner is considered the supplier until proven otherwise

( Precision Applications (1) (/data/ahkam/app/1/4821/1717745 

( Comparative Studies (8 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1717745 

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English Article 79
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By a decision of the Competent Minister, technical issues related to equipping the ship,
forming its sailors and means of safety therein, taking into account the international
.agreements in force in the Arab Republic of Egypt in this regard and the maritime custom

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Article 80

The owner of the ship or its civil supplier shall be asked about the actions of the master,
sailors, guide and any other person in the service of the ship whenever they occurred
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during the performance of their duties or because of them. He also asked about the
obligations of the master arising from the contracts that he concludes within the limits of
.his legal powers

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Article 81

The ship owner has the right to limit his liability, whatever the type of this liability, to the (1)
sums stipulated in Clause (a) of Paragraph (1) of Article 83 of this law if the debt arises
:from one of the following reasons
A) The damage caused by the ship to the port facilities Or docks, waterways, or)
.navigation aids
B) Physical and material damages occurring on board the ship or directly related to)
.marine navigation or the operation of the ship
The shipowner may adhere to determining his liability in the cases mentioned in the (2)
previous paragraph, even if the debt is in the interest of the state or a public person, and
.adherence to determining liability is not considered an acknowledgment of it

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Article 82

The shipowner may not adhere to limiting liability if the debt arises from one of the
:following reasons 
a) Floating a sunken, delinquent, or abandoned ship, lifting its wrecks and lifting its cargo)
.or the things on it
.B) Rescue the ship)

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.C) Contribution to joint losses)

D) The rights of the captain, seafarers and every other subordinate of the shipowner who)
is on board or his work relates to its service, as well as the rights of the heirs and
English
.successors of these persons
Powered ByTranslate (Https://Translate.Google.Com) .E) Nuclear damage)
.F) Damage resulting from pollution by oil and other materials)

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Article 83

:The liability of the shipowner shall be determined according to the following (1)
A) With regard to lawsuits arising from bodily harm, liability shall be determined at an)
amount of six hundred thousand pounds if the total load of the ship does not exceed five
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hundred tons. If the total load exceeds this amount, an amount of three hundred and fifty
.pounds will be added to the liability limit for each excess ton
B) With regard to the lawsuits arising from damages other than bodily harm, liability shall)
be determined in the amount of three hundred thousand pounds if the total load of the ship
does not exceed five hundred tons. If the total load exceeds this amount, an amount of one
.hundred and fifty pounds will be added to the liability limit for each excess ton
Any agreement made prior to the occurrence of the accident from which the debt arose (2)
and the subject matter of which is the determination of the shipowner's liability for less
.than what was stipulated in the previous paragraph
The total load of the ship shall be calculated in accordance with the laws and decisions (3)
.related to this

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Article 84

If the amount allocated for bodily damages is not sufficient to cover it completely, the
remainder of it shall be subscribed to the amount allocated for other non-physical
.damages

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Article 85

The distribution in each of the two groups of compensation referred to in paragraph (1) of
Article 83 of this law shall be made in proportion to each undisputed debt. Nevertheless,
the damages mentioned in Clause (a) of Paragraph (1) of Article 81 of this Law shall have
.priority over the other damages mentioned in Clause (B) of Paragraph (1) of Article 83

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Article 86

Amounts allocated to compensation for non-physical damages arising from a single

English
accident are an independent unit dedicated to paying compensation due for this accident
.regardless of debts arising or that may arise from another accident
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Article 87

If the owner of the ship arises from the same accident a debt before one of the creditors (1)
in this accident, the limitation of liability only applies in relation to the amount remaining
.after the set-off between the two debts
It is not permissible for the creditor to take any action against the shipowner's money if (2)
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the creditor has already made available the amounts allocated for compensation or if he
.provides a security acceptable to the court

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Article 88

If, before distributing the amounts allocated for compensation, the shipowner fulfills (1)
one of the debts between which the distribution is made, he may substitute the creditor in
.the distribution by the amount he paid
The court may, at the request of the shipowner, reserve for a period specified by it a (2)
part of the amounts allocated for compensation to fulfill a debt that the ship owner proves
.that he may be obligated to fulfill

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Article 89

The shipowner may not insist on determining his liability if the plaintiff proves that the
damage resulted from an act or omission issued by the ship owner or his deputy with the
intention of causing the damage or indifference accompanied by an awareness that
.damage could occur

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Article 90

The liability lawsuit against the shipowner shall expire with the lapse of two years from (1)
.the date of the occurrence of the act giving rise to liability

The validity of the period stipulated in the previous paragraph shall be interrupted by a (2)

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registered letter accompanied by acknowledgment of receipt or by receipt of documents

related to the claim or by an expert delegate to assess damages, in addition to other
.reasons established in the Civil Law
English
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Article 91

The provisions for determining the liability of the ship owner shall apply to the supplier (1)
other than the owner, the charterer, the director of the maritime community, the insurer,
and the persons who have performed services directly related to the ship salvage
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operations, and the aforementioned provisions shall also apply to the captain, sailors and
other dependents with regard to the performance of their duties, provided that the
responsibility of the owner is not exceeded. The responsibility of the subordinate for one
.accident is the limits set forth in Paragraph (1) of Article 83 of this Law
If a lawsuit is brought against the captain, seafarers, or other subordinates, they may (2)
determine their liability even if the accident that resulted in the damage is due to a
.personal error issued by them in their aforementioned capacity

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Maritime Trade Law - Chapter Two - In the Persons of Maritime Navigation - Chapter Two - The Master

Article 92

The ship supplier appoints the master and dismisses him, and the master, in case he is
dismissed, has the right to compensation if he has a requirement in accordance with the
.general rules

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Article 93

The captain alone may command the ship and manage the voyage, and the officer (1)
immediately following him in the class takes his place in the event of his death, absence,
.or other impediment
The captain must take into account in commanding the ship the technical principles in (2)
maritime navigation, the international agreements in force in the Arab Republic of Egypt,
the maritime custom and the provisions in force in the ports of the country in which the
.ship is located

He must maintain the vessel’s navigation capacity and take into account the adequacy (3)
.of supplies and what is necessary for the vessel during the voyage

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( Comparative Studies (21 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718133 

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Article 94

The master may not relinquish command of the ship from the start of the voyage until (1)
.the ship's arrival at a safe berth or port
It is not permissible for him to leave the ship or order to leave it except due to an (2)
imminent danger and after consulting its officers, and in this case he must save the
.money, the ship’s papers and the most valuable cargo if possible

( Comparative Studies (14 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718135 

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Article 95

The captain must personally direct the leadership of the ship when it enters or exits ports,
marinas, or rivers, or when crossing sea lanes, as well as in all cases where navigation is
obstructed by special obstacles even if the captain is obligated to seek the assistance of a
.guide

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Article 96

.The master shall have authority to authenticate the ship (1)

He shall have over the persons on the ship the powers required to maintain order, the (2)
safety of the ship and the safety of the voyage, and he may impose disciplinary penalties
.in accordance with the relevant laws

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Article 96

.The master shall have authority to authenticate the ship (1)

He shall have over the persons on the ship the powers required to maintain order, the (2)
safety of the ship and the safety of the voyage, and he may impose disciplinary penalties
.in accordance with the relevant laws 
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Article 97
English or death occurred during the voyage, the master must record these facts (1)
If a childbirth
in thePowered
official accident
ByTranslate book of the ship and follow the procedures stipulated in the laws on
(Https://Translate.Google.Com)
.civil status
In the event of the death of one of the persons on the ship, the captain shall, in (2)
conjunction with one of the ship's officers, inventory and preserve the luggage of the
deceased and deliver it to the competent administrative authorities at the first port of the
.Republic
If any of the persons on the ship becomes infected with an infectious disease, the (3)
.master may lower him in the nearest place where he can be treated

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Article 98

If a crime has occurred on board the ship, the captain shall - until the arrival of the (1)
competent authorities - collect evidence and conduct investigations that cannot be
delayed, and he may, when necessary, order the accused to be seized and take the
.necessary measures to preserve the things that may be useful in proving the crime
The captain shall write a report of the measures that he has taken, and he shall deliver (2)
this report, accompanied by the minutes of collecting evidence and seized items, to the
.public prosecution or one of the judicial officers in the first Egyptian port

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Article 99

The captain is considered the legal representative of the supplier and represents him (1)
before the court, and the prosecution includes the necessary works for the ship and the
voyage, and every determination that is made to this prosecution is not invoked against a
bona fide third party. The captain exercises the powers determined for him by law before
.whoever has an interest in the ship or cargo
The captain may not prove the status of legal representative of the supplier except in (2)
the place where the supplier or his agent is not present, and the presence of the supplier
or his agent is not invoked before a third party unless this third party knows this. By using
.the sailors and isolating them in the place where the supplier or his agent is located

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Article 100

The captain has to follow with regard to his commercial functions the supplier's
instructions and he must inform him according to custom of all matters relating to the ship
.and cargo

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English
Article
Powered ByTranslate (Https://Translate.Google.Com) 101

The captain shall keep on the ship during the voyage the documents required by law
.relating to the ship, sailors, passengers and cargo

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Article 102

The shipmaster must hold the ship's official accident book, and the pages of this book (1)
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.must be numbered and marked by the competent maritime administration

The official accident book of the ship shall mention emergency accidents, decisions (2)
made during the voyage, daily notes on the state of the air and the sea, and the book
includes a statement of the crimes and actions that seafarers or travelers may commit, the
.disciplinary penalties that occurred on them, births and deaths that occurred on the ship
The captain of a motorized ship must keep a notebook for the motor machinery in (3)
which he states the amount of fuel he took when traveling, the daily consumption of it, and
.all that is related to the motor machinery

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Article 103

The captain shall, within twenty-four hours of the ship’s arrival at the intended port or the
place where it is voluntarily or compelled to dock, present the official accident book of the
ship to the competent maritime administration for marking it. The marking outside the Arab
Republic of Egypt shall be from the consul or from the competent local authority when he
.is not present

( Comparative Studies (11 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718119 

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Article 104

If unusual accidents occurred during the voyage related to the ship, the persons on (1)
.board, or the cargo, the captain must prepare a report thereof
The captain shall submit the report to the competent maritime administration within (2) 
twenty-four hours of the ship’s arrival at the port or anchorage. The report shall be
submitted outside the Arab Republic of Egypt to the consul or the competent local
.authority when he is not present

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The agency that received the report undertakes its investigation by hearing the (3)
seafarers and travelers' statements, if necessary, and collecting information that helps in
arriving at the truth and drawing up a record of all this, and a copy of it shall be delivered
English
to the master. It is permissible in all cases to establish evidence contrary to what is stated
Powered ByTranslate (Https://Translate.Google.Com) .in the report
The captain may not, except in cases of extreme necessity, initiate unloading the vessel (4)
.prior to submitting the said report

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Article 105

‫ ﻓﺈذا ﻟم ﯾﻛف ھذا اﻟﺿﻣﺎن ﺟﺎز اﻻﻗﺗراض ﺑﺿﻣﺎن‬،‫( إذا طرأت ﺿرورة ﻣﻔﺎﺟﺋﺔ أﺛﻧﺎء اﻟرﺣﻠﺔ ﻓﻠﻠرﺑﺎن أن ﯾﻘﺗرض ﺑﺿﻣﺎن اﻟﺳﻔﯾﻧﺔ وأﺟرﺗﮭﺎ‬1)
‫ﺷﺣﻧﺔ اﻟﺳﻔﯾﻧﺔ وﻓﻲ ﺟﻣﯾﻊ اﻷﺣوال ﻻ ﯾﺟوز اﻻﻗﺗراض إﻻ ﺑﻌد اﻟﺣﺻول ﻋﻠﻰ إذن ﻣن ﻗﺎﺿﻲ اﻷﻣور اﻟوﻗﺗﯾﺔ ﺑﺎﻟﺟﮭﺔ اﻟﺗﻲ ﺗوﺟد ﺑﮭﺎ اﻟﺳﻔﯾﻧﺔ‬
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‫إذا ﻛﺎﻧت اﻟﺳﻔﯾﻧﺔ ﻣوﺟودة ﻓﻲ ﺟﻣﮭورﯾﺔ ﻣﺻر اﻟﻌرﺑﯾﺔ أو ﻣن اﻟﻘﻧﺻل أو ﻣن اﻟﺳﻠطﺔ اﻟﻘﺿﺎﺋﯾﺔ اﻟﻣﺣﻠﯾﺔ ﻋﻧد ﻋدم وﺟوده إذا ﻛﺎﻧت اﻟﺳﻔﯾﻧﺔ‬
.‫ﺧﺎرﺟﮭﺎ‬
‫( وإذا ﻟم ﯾﺗﯾﺳر ﻟﻠرﺑﺎن اﻻﻗﺗراض ﻓﻠﮫ ﺑﻌد اﻟﺣﺻول ﻋﻠﻰ إذن ﯾﺻدر وﻓﻘﺎ ﻟﺣﻛم اﻟﻔﻘرة اﻟﺳﺎﺑﻘﺔ أن ﯾﺑﯾﻊ ﻣن اﻟﺑﺿﺎﺋﻊ اﻟﻣﺷﺣوﻧﺔ ﺑﻣﻘدار‬2)
‫اﻟﻣﺑﻠﻎ اﻟﻣطﻠوب وﯾﺗوﻟﻰ اﻟرﺑﺎن أو اﻟﻣﺟﮭز ﻣﺣﺎﺳﺑﺔ أﺻﺣﺎب اﻟﺑﺿﺎﺋﻊ اﻟﻣﺑﯾﻌﺔ ﻋﻠﻰ أﺳﺎس اﻟﺳﻌر اﻟﺟﺎري ﻟﺑﺿﺎﺋﻊ ﻣن ﺟﻧﺳﮭﺎ وﻧوﻋﮭﺎ ﻓﻲ‬
.‫اﻟﻣﯾﻧﺎء اﻟﻣﺷﺣوﻧﺔ إﻟﯾﮫ وﻓﻲ اﻟﯾوم اﻟﻣﺗوﻗﻊ وﺻوﻟﮭﺎ ﻓﯾﮫ‬
.‫( وﯾﺟوز ﻟﻠﺷﺎﺣﻧﯾن أو وﻛﻼﺋﮭم أن ﯾﻌﺎرﺿوا ﻓﻲ رھن اﻟﺑﺿﺎﺋﻊ أو ﺑﯾﻌﮭﺎ ﻣﻊ طﻠب ﺗﻔرﯾﻐﮭﺎ ﺑﺷرط أداء أﺟرة اﻟﻧﻘل ﻛﺎﻣﻠﺔ‬3)

‫طﺑﺎﻋﺔ‬  ‫ ﺗرﺟﻣﺔ‬ (9) ‫ اﻟدراﺳﺎت اﻟﻣﻘﺎرﻧﺔ‬

106 ‫اﻟﻣﺎدة‬

.The captain may not sell the vessel without a special authorization from the owner

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Article 107

If the captain is forced to repair the ship while traveling, the charterer or the shipper (1)
has a choice between waiting until the ship is completely repaired or taking his goods out
.of it, and in this last case the lessee or the shipper is obligated to pay the fare in full
The lessee or the shipper shall not bear an increase in the fare over the period of repair, (2)
and if the vessel cannot be repaired within a reasonable period, the captain must rent one
or more vessels with charges from him to transport the goods to the specified place
without being entitled to an increase in the fare. If he is unable to do so, then he is not
entitled to the fare except to the extent of the trip, and in this case each of the shippers
shall undertake the transport of his goods, and the captain must inform them of the
circumstance in which he is present and take the necessary means to preserve the goods.
.All this unless there is an agreement otherwise

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Article 108

The shipmaster must take the necessary measures required to preserve the interest of (1)
English the supplier, the seafarers, the travelers and those with rights over the
the shipowner,
Powered ByTranslate (Https://Translate.Google.Com) .shipment, in accordance with the custom
The captain shall, in cases of necessity, undertake all urgent work required for the (2)
safety of life and the preservation of the ship and the cargo. Nevertheless, he must notify
.the supplier before deciding to take an extraordinary measure if circumstances permit
.The captain shall be responsible for his mistakes, even if they are minor (3)

Print  Translation  ( Comparative studies (8

Maritime Trade Law - Chapter Two - In the Persons of Maritime Navigation - Chapter Three - Seafarers and Maritime Labor
Contract - First - General Provisions
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Article 109

By seaman, means every person bound to a marine work contract, and the captain shall (1)
be considered a seafarer with respect to the work contract concluded between him and the
.supplier
The laws, regulations and international agreements in force in the Arab Republic of (2)
Egypt and the maritime norms shall specify what is meant by the captain, officers and
marine engineers, the number of seafarers who must be present on the ship and the
.qualifications and conditions that must be met by them

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Article 110

It is not permissible for those who have Egyptian nationality to carry out any work on (1)
ships that sail outside the territorial waters except after obtaining a marine passport from
.the competent maritime administration
The provisions stipulated in the laws and decisions related to this shall apply to the (2)
.aforementioned passport

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Article 111

It is not permissible for any person to perform work on an Egyptian ship except after
obtaining a license from the competent administrative authority, in accordance with the
.laws and decisions related to this

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Article 112

It is not permissible for a foreigner to work in a vessel carrying out coastal navigation, (1)
towing English
or piloting in Egyptian ports without a license from the competent maritime
Powered ByTranslate (Https://Translate.Google.Com) .administration
It is not permissible in Egyptian ships for the number of foreign sailors and the wages (2)
allocated to them to exceed the rates determined by a decision issued by the competent
.minister

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Maritime Trade Law - Chapter Two - On Maritime Persons - Chapter Three - Seafarers and Maritime Labor Contract -
Second - Maritime Work Contract
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Article 113

A maritime work contract is a contract whereby a person is obligated to work on a vessel

.for pay under the supervision of a supplier or captain

( Comparative Studies (6 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718267 

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Article 114

The provisions stipulated in the laws relating to labor and social security shall apply to (1)
.the maritime work contract, unless otherwise stated in this law
The provisions of the maritime work contract stipulated in this law do not apply to (2)
.persons who work on marine vessels of less than twenty tons of total tonnage

( Comparative studies (5 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718269 

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Article 115

The maritime labor contract is not proven except in writing, and yet the seafarer alone may
.prove it by all methods of proof

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718271 


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Article 116

The maritime work contract is drawn up in three copies, one of which is received by the (1)
English
employer, the second is deposited at the competent maritime administration, and the third
is delivered to
Powered By the seafarer,
Translate unless the contract is joint, and the employer retains this last
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.copy, and the seafarer may obtain an extract of his data
The date and place of its conclusion, its duration, the name of the seaman, his age, his (2)
nationality, his domicile, the type of work he is obligated to perform, his wages, how to
determine it, the number, date and place of issuance of the maritime passport and the
maritime license, and if the contract is on the voyage must indicate the date of travel, the
.port from which the voyage begins and the port That you end in
And the employer must deliver the seaman a receipt for whatever papers he has (3)
.deposited

( Comparative studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718273 

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Article 117

The seafarer must do the work agreed upon and obey the orders of his superiors in (1)
.connection with the service of the ship and he may not leave it without permission
In the event of danger, the seaman shall work to rescue the ship and the persons on it (2)
and the cargo, and in this case he shall be granted a reward for the overtime, provided that
.it is not less than the wage corresponding to the hours that this work took

( Comparative Studies (14 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718275 

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Article 118

It is not permissible for the captain or a seafarer to ship goods on board the ship for his
own account except with the permission of the employer, and the violation of this
prohibition entails compelling the violator to pay the employer the wage for transporting
the goods that have been shipped in addition to the equivalent amount, and the captain
may order the dumping of these goods into the sea if it threatens The safety of the ship,
.the persons on it, the cargo, or the payment of fines or expenses

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718277 

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Article 119

The employer shall pay the seafarers' wages at the time and place specified in the (1)
English .contract or as stipulated by the maritime custom
The minimum wages(Https://Translate.Google.Com)
Powered ByTranslate and salaries for Egyptian sailors are set, and their allowances, (2)
allowances, remuneration, and the manner of their performance, promotions and leave
.shall be determined by a decision issued by the competent minister

( Comparative studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718279 

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Article 120
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During travel, a percentage shall be added to the seafarers ’wages indicated in the
.contract, the minimum of which is determined by a decision of the competent minister

( Comparative studies (2 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718281 

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Article 121

If the wage is specified for the trip, it is not permissible to reduce it in the event of
shortening the travel by the act of the supplier or the captain, but if the aforementioned act
results in prolonging or delaying the travel, then the wage will be increased in proportion
to the extension of the period. This last ruling does not apply to the captain if the delay or
.prolongation of the travel is due to his mistake

( Comparative studies (16 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718283 

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Article 122

If the seafarer is appointed to the voyage to go alone, the employer is obligated to pay (1)
.his full wages if he dies after the commencement of the voyage
If the seafarer is appointed to go and forth together, the employer is obligated to pay (2)
half of his wages if he dies while going or at the port of arrival, and to pay the full wage if
.he dies during the return trip

( Comparative studies (9 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718285 

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English
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Article 123

If it is decided that a seaman will travel, he may obtain an advance that does not exceed (1)
a quarter of his original wage. A statement of the advance shall be mentioned in the sailors
.’book or the official accident book, as the case may be, and signed by the seaman
It is permissible, under the authority of the seafarer, to pay the loan to his wife, (2)
children, ascendants, or descendants, as well as the persons who reside with him and take
.care of them
It is not permissible to recover this advance in the event of canceling the contract for (3)
.any reason whatsoever and even if there is an agreement on recovery
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( Comparative studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718287 

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Article 124

A sailor's wages may not be withheld or waived except within the limits specified in the
.labor laws

( Comparative studies (9 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718289 

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Article 125

While traveling, the employer is obligated to eat the seafaring food and stay on the ship
.without charge, in accordance with the laws and decisions related to this

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718291 

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Article 126


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The employer is obligated to treat the sailor free of charge if he suffers an injury or (1)
illness while he is in the service of the ship, and if the wound or disease arises from
disobedience, drunkenness, or other misconduct, the employer must pay the treatment
English
.expenses, provided that he has a deduction from it. The sailor deserves a reward
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The employer'sByTranslate (Https://Translate.Google.Com)
obligation to treat the sailor shall cease if it appears that the wound or (2)
.disease is incurable

( Comparative Studies (15 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718293 

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Article 127
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A seaman who suffers an injury or illness while on board a ship shall be entitled to his (1)
.full wages during the voyage
The provisions stipulated in the labor laws shall apply with regard to entitlement to (2)
.wages or aid after the trip ends
The sailor is not entitled to any remuneration or aid if the wound or sickness results (3)
.from disobedience, drunkenness, or other misconduct

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718295 

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Article 128

If the seafarer dies while he is in the service of the ship, the employer must pay the (1)
.expenses of his burial in his country, whatever the cause of death
The employer shall deposit in the treasury of the competent maritime administration the (2)
cash wage and other amounts due to the deceased sailor within fifteen days from the date
.of death

( Comparative studies (14 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718297 

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Article 129

The employer is obligated to return the sailor to the Arab Republic of Egypt if (1) 
something happened during the voyage that necessitates unloading from the ship, unless
it was based on an order from the foreign authority or based on an agreement between the
.employer and the sailor

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If the sailor is assigned to one of the Egyptian ports, he shall be returned to that port, (2)
.unless it is agreed in the contract that the return shall be to another port therein
If the appointment is made in a foreign port, the sailor shall be returned, according to (3)
English
his choice, to this port or to any other port that he designates in the Arab Republic of
Powered ByTranslate (Https://Translate.Google.Com) .Egypt
The foreign seaman shall be returned to the port in which he was appointed, unless the (4)
.contract stipulates that he should be returned to one of the Egyptian ports
The obligation to return the sailor includes the expenses of his food and (5)
.accommodation as well as his transportation

( Comparative studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718299 

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Article 130

If the work contract is concluded for a specific period and this period ends during the
voyage, the contract is extended by law until the ship's arrival at the first Egyptian port. If
the ship passes - before entering one of the Egyptian ports - the port to which the seafarer
must be returned in accordance with the provisions of Article 129 of this law, the contract
.does not extend until the time of the ship's anchorage in that port

( Comparative Studies (9 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718301 

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Article 131

If the seaman dies because of defending the ship, its cargo, or the passengers on it, his
heirs are entitled to an amount equivalent to the wage of three months or equivalent to the
wage of the voyage if he was appointed to the voyage, in addition to the compensation and
.rewards established by this law and the labor and social insurance laws

( Comparative Studies (6 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718303 

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Article 132

If the sailor separates, the captain may not compel him to leave the ship if he is in a foreign
port except with a written permission from the Egyptian Consul or the local maritime
authority when he is not present, and the separation decision, its history and reasons

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must be recorded in the ship's book, otherwise the separation shall be considered
.unlawful

English
( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718305 
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Article 133

If a force majeure prevents the commencement or continuation of the voyage, the sailor
assigned to the voyage is entitled to his wages for the days actually spent in the service of
.the ship, and he may not claim any reward or compensation
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( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718307 

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Article 134

If the ship sank, confiscated, lost, or became unfit for navigation, the court may order (1)
the employer to be exempted from paying all or part of the seafarers' wages if it is proven
that the damage to the ship resulted from their actions or their failure to rescue the ship,
.wreck, or passengers, or the shipment
In the case mentioned in the previous paragraph, the employer may terminate the (2)
.maritime work contract without prior notice

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718309 

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Article 135

All cases arising from the maritime labor contract shall expire with the lapse of one year
.from the date of the contract's expiration

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718311 

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Article 136

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The employer who contravenes the provisions of this chapter without prejudice to any
more severe penalty stipulated in other laws shall be liable to a fine of not less than five
hundred pounds and not exceeding two thousand pounds, and the penalty shall multiply
English
.according to the number of those in whose matter the crime has been committed
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( Comparative Studies (2 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718313 

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Maritime Trade Law - Chapter Two - In the Persons of Maritime Navigation - Chapter Four - Maritime Agents and Maritime
Contractors - First - General Provisions
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Article 137

Contracts and works carried out by marine agents and contractors shall be subject to the
.law of the country in which the port in which these contracts or works are performed

( Precision Applications (1) (/data/ahkam/app/1/4821/1718181 

( Comparative Studies (2 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718181

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Article 138

The maritime agent or contractor's lawsuit may be filed against the principal or the
employer before the court in whose circuit the residence of the agent or contractor is
.located

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Article 139

The lawsuit of the principal or the business owner against the marine agent or contractor
.shall lapse with the lapse of two years from the date the debt was due

( Comparative Studies (2 ( Precision Applications (2) (/data/ahkam/app/1/4821/1718185 

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Maritime Trade Law - Chapter Two - In the Persons of Maritime Navigation - Chapter Four - Maritime Agents and Maritime
Contractors - Second - Ship Agent

English
Article
Powered ByTranslate (Https://Translate.Google.Com) 140

The ship's agent acts as the agent for the supplier for the works related to the normal
.needs of the ship

( Comparative Studies (3 ( Fatwas of the State Council (3) (/data/fatwa/app/1/4821/1718487

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Article 141

It is permissible for the ship's agent to receive the goods for shipment on the ship when
carrying them out or to deliver them to their owners after unloading them from the ship
.upon arrival and to collect the transportation fare owed to the supplier

( Comparative Studies (3 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718489

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Article 142

.Asks the ship agent prior to the supplier as a paid agent

( Comparative Studies (3 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718491

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Article 143

The ship's agent shall not be asked before the shippers or the consignees about the loss
or damage of the goods that he receives for shipment on the ship or which he unloads of
them for delivery to their owners except for his personal mistake and the mistake of his
.followers

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
Article 144

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The ship’s agent is considered the representative of the supplier in the lawsuits filed by
him or against him in the Arab Republic of Egypt, and the residence of the ship’s agent in
Egypt is considered the home of the supplier in which he is declared in judicial and non-
English
.judicial papers
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( Comparative Studies (3 ( Precision Applications (6) (/data/ahkam/app/1/4821/1718495 

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Maritime Trade Law - Chapter Two - Concerning Maritime Persons - Chapter Four - Maritime Agents and Maritime
Contractors - Third - The Shipment Agent
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Article 145

The shipment agent shall act on behalf of the concerned parties in receiving the goods
.upon arrival and paying the freight if they are due in whole or in part

( Precision Applications (1) (/data/ahkam/app/1/4821/1718481 

( Comparative Studies (3 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718481

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Article 146

The shipment agent shall carry out the procedures and measures required by law to
preserve the rights of the stakeholders in the goods before the carrier, otherwise it is
assumed that the goods have been received in the condition and quantity mentioned in the
bill of lading, and the opposite of this presumption may be proven in the relationship
.between the shipment agent and the carrier

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Article 147

The shipment agent shall ask the parties concerned about the goods that he has (1)
.received in his capacity as a remunerated agent
.The provisions stipulated in Article 143 of this Law shall apply to the shipment agent (2)

( Precision Applications (1) (/data/ahkam/app/1/4821/1718485 


( Comparative Studies (2 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718485

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English
Maritime Trade Law - Chapter Two - Concerning Maritime Persons - Chapter Four - Maritime Agents and Maritime
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Contractors - Fourth - Maritime Contractor

Article 148

The marine contractor shall carry out all the physical operations of loading or (1)
.unloading the goods on the ship
It may be entrusted to the marine contractor to carry out for the account of the supplier, (2)
the shipper, or the consignee, other operations related to loading or unloading, provided
that he is assigned to them by an express written agreement of the ship's agent or the
.cargo agent
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( Comparative Studies (3 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717773 

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Article 149

The marine contractor shall carry out loading or unloading operations and other (1)
additional operations for the account of the one he has commissioned to carry out, and he
shall not be liable in this regard except before this person who alone has the right to file a
.lawsuit with him
If the carrier is the one who has entrusted the marine contractor to carry out the work (2)
based on instructions from the concerned person or based on a condition in the bill of
.lading or in the vessel lease contract, the carrier must notify the marine contractor of this

( Comparative Studies (4 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717775 

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Article 150

The marine contractor is responsible for the works he carries out according to Article 148
.of this law for his mistake and the mistake of his subordinates

( Comparative Studies (3 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717777 

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Article 151

The provisions of determining liability stipulated in Article 233 of this Law shall apply to
English .the marine contractor
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( Comparative Studies (3 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717779 

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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter One - Ship Lease - First - General Provisions

Article 152
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Vessel leasing is a contract whereby the charterer is obligated to place at the disposal of
the charterer a certain vessel or part of it in return for a fee for a specified period (term
.(rental) or for a specific voyage or voyages (voyage rental

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Article 153

The ship's lease contract is only proven in writing, with the exception of the lease of the
.vessel whose total tonnage does not exceed twenty tons

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718195 

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Article 154

.The sale of the vessel does not result in the termination of its lease contract

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Article 155

With the exception of ships whose total tonnage does not exceed twenty tons, the buyer
does not invoke the vessel's lease contract if its period exceeds one year, unless it is
.entered in the ship registry

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Article 156

The charterer may exploit the ship in transporting people and transporting goods, even if
English.they are owned by others, unless otherwise stipulated in the lease agreement
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( Comparative Studies (1 ( Fatwas of the State Council (1) (/data/fatwa/app/1/4821/1718201

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Article 157

The lessee has the right to sublease the vessel, unless otherwise stipulated in the lease (1)
.contract
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In the case of subletting, the original lessee remains liable to the lessor for the (2)
.obligations arising from the lease contract
The sub-lease does not create a direct relationship between the lessor and the sub- (3)
tenant, however the lessor may recourse to this lessee in a manner that does not exceed
.what is owed to him by the original tenant without prejudice to the rules of tort

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Article 158

The ship charterer has the right to withhold the goods on board the ship and owned by (1)
the charterer in order to collect the fare owed to him and its attachments, unless a
.guarantee is estimated for him by the judge of temporary matters
The judge - in case the right of imprisonment is used - shall order the goods to be taken (2)
out of the ship and deposited with a trustee who appoints him, and he may order to sell
them or sell part of them in settlement of the wages and its attachments, and set a date for
.the sale and how it is conducted

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Article 159

The lessor has a lien on the goods referred to in the previous article as a guarantee of the
.fare debt and its attachments

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Article 160 
The vessel lease contract is not supposed to be renewed after the end of the specified
.period

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English
Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter One - Ship Lease - Second - The ship's
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rental is not equipped

Article 161

The charter of a ship not equipped is a contract whereby the lessor is obligated to place
the ship at the disposal of the charterer for a specified period without providing it with
.supplies or seafarers, or after being incomplete equipped

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Article 162

The lessor is obligated to place the ship at the disposal of the charterer at the agreed (1)
.time and place, and in a condition fit for navigation and for the agreed use
The lessor is obligated to repair the damage that befalls the ship or replace the (2)
damaged parts if the damage resulted from a force majeure or from a personal defect in
the ship or from the normal use of it for the agreed purpose, and if the damage in these
cases results in hindering the use of the ship for a period exceeding Twenty-four hours,
.the fare is not due for the extra period during which the ship remains idle

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Article 163

The charterer is obligated to maintain the ship and use it for the agreed purpose in (1)
.accordance with its technical characteristics fixed in the navigation license
In cases other than those stipulated in Paragraph (2) of the previous Article, the (2)
charterer is obligated to repair the ship's damage or to replace the damaged machinery
.and equipment

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Article 164

The charterer appoints the sailors and concludes work contracts with them and is
obligated to pay their wages and other obligations that fall on the employer, and the
.charterer bears the ship's exploitation expenses and insurance expenses

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

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Article 165

The charterer is obligated to return the ship at the end of the lease contract in the state (1)
English
it was in at the time of its receipt, taking into account the consumption arising from normal
use, Powered
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.otherwise agreed
The charterer is obligated to return what was on the ship of supplies in the state they (2)
were in at the time the ship was delivered to him, and if these things are of what perishes
.by use, he is obligated to return what is similar to them
If the charterer delays in returning the ship for a reason attributed to him, he shall pay (3)
the equivalent of the fare for the first fifteen days and pay the equivalent of twice the fare
for the days of delay in excess of that, unless the lessor proves that the damage exceeds
.this amount

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Article 166

The charterer guarantees the return of others to the charterer for a reason attributable to
.the charterer's exploitation of the vessel

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Article 167

The lawsuits arising from the lease contract of the unequipped vessel shall expire with the
lapse of two years from the date of its return to the lessor or from the date of its removal
.from the ship registry in case of its loss

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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter One - Leasing the ship - Third - The rental of
the vessel equipped - 1 - General provisions

Article 168

Leasing a vessel equipped with a contract whereby the lessor is obligated to place a
certain fully equipped vessel at the disposal of the charterer for a specified period or for a
.specific voyage or voyages

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
Article 169

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The lessor shall be responsible for the damage that befalls the goods that the charterer
puts on the ship, unless he proves that he has fully fulfilled his obligations and that the
damage was not caused by his default or the failure of his subordinates to implement
English
.them
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Article 170

The charterer shall be responsible for the damage that befalls the ship or the goods
shipped therein if it results from his misuse of the ship or from a defect in the goods he
.placed in it

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Article 171

The lawsuits arising from the vessel lease contract equipped with the lapse of two (1)
years shall expire and the period shall begin in the event of the leasing period from the
date of the expiry of the contract period or from the date of the end of the last voyage if the
period is extended according to paragraph (2) of Article 178 or from the date of knowledge
of the occurrence of the accident that made Execution or continuation of the contract is
.impossible
This period begins in the event of chartering the voyage from the date of the end of (2)
each voyage or from the date of knowledge of the occurrence of the accident that made
the start or continuation of the voyage impossible, and the voyage ends with the arrival of
the ship to the agreed port and the disembarkation of the goods that the charterer placed
.there
The period shall run in the event of the ship's loss from the date it was written off from (3)
.the ship registry

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Maritime Trade Law - Chapter Three - In the Use of the Ship - Chapter One - Ship Lease - Third - Ship Lease Equipped - 2
- Duration Leasing

Article 172

:The duration of the vessel lease contract shall be mentioned

.A) The name of the lessor, the name of the lessee and the address of each)
B) The name of the ship, its nationality, cargo and other descriptions necessary for its)
.designation
.C) The amount or method of calculating the fee) 
.D) The term of the lease)

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English
Article 173
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The lessor is obligated to place the ship at the disposal of the charterer at the time and
place agreed upon, in a navigable condition and equipped with what is necessary to carry
out the operations stipulated in the lease contract, and he is also obligated to keep the
.ship in this condition throughout the term of the contract

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Article 174
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.The lessor maintains the ship's shipping management (1)

The commercial management of the ship shall be transferred to the charterer and he (2)
shall bear its expenses, especially supplying the ship with fuel, oils and lubricants, and the
performance of port fees, pilotage and other expenses, and the master shall implement his
.instructions related to this management

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Article 175

The charterer is obligated to pay the fare in full for the period in which the ship is at his
disposal even if it was stopped due to navigation accidents, however if the vessel was
damaged by rendering it unfit for commercial use and needs to be repaired for a period
exceeding twenty-four hours, the fare is not due during the extra period in which the
. vessel remains unfit for use

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Article 176

The fare is not payable if the vessel perishes or stops due to force majeure or the act of (1)
.the lessor or his subordinates
If the ship’s news is no longer reported and its loss is proven, the fare is due in full until (2)
.the date of the last news about it

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Article 177 

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The lessor recovers his right to dispose of the ship if he does not collect the fare due to
him within three days from the date of notifying the charterer, and in this case the lessor is
obligated to transport the chartered goods shipped in the ship to the port of arrival in
English
.exchange for the same fare without prejudice to his right to request compensation
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Article 178

Upon the expiry of the lease agreement, the charterer shall return the vessel in the port (1)
.in which it was placed at his disposal, unless otherwise agreed upon
If the rental period expires during the travel, the contract is extended by law until the (2)
end of the trip, and the lessor is entitled to the fare stipulated in the contract for the extra
.days
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The fare shall not be reduced if the vessel is returned before the end of the lease (3)
.period, unless otherwise agreed upon

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Maritime Trade Law - Chapter Three - In the Exploitation of the Ship - Chapter One - Ship Leasing - Third - Vessel Leasing
- 3 - Voyage Charter

Article 179

.It is mentioned in the vessel's charter contract for the voyage

.A) The name of the lessor, the name of the lessee, and the address of each)
B) The name of the ship, its nationality, cargo and other descriptions necessary for its)
.designation
.C) The type, amount and description of the load)
.D) The place of loading, the place of discharging, and the agreed period for their conduct)
.E) The amount or method of calculating the fee)
.F) An indication of the trips agreed to take place)

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Article 180

The lessor is obligated to place the ship at the disposal of the charterer at the agreed time
and place, in a navigable condition and equipped with what is necessary to carry out the
voyage or voyages stipulated in the lease agreement, and he is obligated to keep the ship
in this condition throughout the duration of the voyage or voyages and to do everything
.that is dependent on its implementation

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Article 181

.The lessor maintains the shipping and commercial management of the ship
English
Print
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Article 182

The lessee is obligated to load and unload the goods within the periods agreed upon in (1)
the lease contract. If the contract does not stipulate specific periods, then the custom
.must be referred to
In calculating the periods and their entry into force, the custom prevailing in the port in (2)
which the loading or unloading takes place, and if there is no custom in this port, the
.general maritime custom is followed
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Article 183

If the loading or unloading is not carried out in the original period specified by the (1)
contract or custom, an additional period shall take place that does not exceed the original
period, and the lessor is entitled to a daily compensation determined by the contract or
custom, and if the loading or unloading is not completed during the additional period, a
second additional period shall take place that does not exceed the time limit. The first and
the lessor deserves a daily compensation equal to the daily compensation determined for
the first additional period plus half, without prejudice to the other compensation that may
.be due
The daily compensation that is due for the additional grace periods is a supplement of (2)
.the fee and its provisions shall apply to it

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Article 184

If the shipment is carried out before the end of the period specified for it, the remaining (1)
.days shall not be added to the unloading period unless otherwise agreed upon
It may be agreed to grant the lessee a reward for expediting the completion of loading (2)
.or unloading

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Article 185 

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After the unloading periods have expired, the shipmaster may unload the shipped goods at
the expense and responsibility of the charterer. Nevertheless, the captain shall take the
.necessary measures to preserve the goods that he unloaded from the ship
English
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Article 186

If the tenant does not ship all the goods agreed upon, he is nevertheless obligated to pay
.the fare in full

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Article 187

.The charterer may not ship goods other than the charterer on board without his consent

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Article 188

The vessel's lease contract shall be terminated without compensation to the lessor or
charterer if a force majeure makes the execution of the voyage impossible or if it prevents
.trade with the country in which the port designated for unloading the goods is located

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Article 189

The charterer may terminate the vessel's lease contract at any time before commencing
the shipment of goods in exchange for compensation to the lessor for the damage caused
to him as a result of that, provided that the compensation does not exceed the value of the
.agreed fare

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Article 190

The lessee may request at any time during travel to unload the goods before their arrival at
.the agreed port, provided that he pays the full fare and unloading expenses

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Article 191

The lease contract remains in effect without increasing the fare and without compensation
English
if the force majeure temporarily prevents the ship from traveling or the continuation of
travel, and in
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.re-ship them on the ship at his own expense as well, and the fare is due on him in full

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Article 192

If the journey begins and it is impossible to continue with it for a reason not attributable to
.the lessor or his followers, the lessee is only obligated to pay the wages for the trip


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Article 193

If the ship cannot reach the designated port for unloading the goods, the charterer (1)
must direct the vessel to the nearest port from the aforementioned port where unloading is
.possible
The lessor shall bear the expenses of transporting the goods to the agreed port, unless (2)
.the vessel could not reach it due to force majeure - then the charterer bears the expenses

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Article 194

The fare is not due if the cargo placed by the charterer on the ship perishes, unless it is (1)
.agreed that the fare is due in all cases
Nevertheless, the fee is due if the loss resulted from the fault of the lessee or his (2)
subordinates, or from the nature of the goods, or from a defect in them, or if the master
was forced to sell them during the travel because of their defect or damage, or if the
master had ordered their destruction due to their seriousness or damage or forbidding
.their transport and the lessor was not He knows when to put it in the ship
The fee is due for animals that spend during the travel for a reason that is not due to (3)
.the fault of the lessor or his subordinates

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Article 195

The lessee is not exempt from paying the rent by leaving the goods even if their quantity

.or value is lost during travel

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English
Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter Two - Maritime Transport Contract - First -
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General Provisions

Article 196

Maritime transport contract is a contract whereby the carrier is obligated to transport

.goods or people at sea in exchange for a fee

( Comparative Studies (7 ( Fatwas of the State Council (3) (/data/fatwa/app/1/4821/1718315

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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter Two - Maritime Transport Contract - First -
General Provisions

Article 196

Maritime transport contract is a contract whereby the carrier is obligated to transport

.goods or people at sea in exchange for a fee

( Comparative Studies (7 ( Fatwas of the State Council (3) (/data/fatwa/app/1/4821/1718315

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Article 197

.The maritime transport contract is not proven except in writing

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Article 198

The provisions of this chapter shall apply exclusively to the maritime transport contract,
.whether the carrier is the owner of the ship, the supplier or charterer

( Comparative Studies (2 ( Fatwas of the State Council (3) (/data/fatwa/app/1/4821/1718319

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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter Two - Maritime Transport Contract - Second -
Carriage of Goods

English
Article
Powered ByTranslate (Https://Translate.Google.Com) 199

The carrier shall, upon the shipper’s request, issue a bill of lading upon receipt of the (1)
.goods
.The carrier may deliver the shipper a receipt of receipt of the goods prior to shipment (2)
The bill of lading is replaced with this receipt at the request of the shipper after the (3)
.goods have been placed on the ship
The shipper may request the carrier or his representative to place a statement on the (4)
bill of lading stating that the shipment has actually acquired a specific ship or vessels with
.an indication of the date of shipment
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( Precision Applications (1) (/data/ahkam/app/1/4821/1718383 

( Comparative Studies (4 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718383

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Article 200

:In the bill of lading, it shall be mentioned in particular

A) The name of the carrier, the shipper and the consignee, and the address of each of)
.them
B) The characteristics of the goods as recorded by the shipper, and in particular their)
nature, number of packages, their weight or size, or the distinctive marks placed on them
.and their apparent condition, including the condition of the containers placed in them
C) The name of the ship if the bond was issued at the time or after the shipment was)
.performed
.D) The captain's name)
.E) Port of shipment and port of discharge)
.F) Carriage freight if it is due in full on arrival, or the part due thereof)
G) The place where the bond was issued, the date it was issued, and the number of copies)
.made
H) The transport takes place on the deck of the ship if it is being carried out in this)
.manner

( Precision Applications (1) (/data/ahkam/app/1/4821/1718385 

( Comparative Studies (9 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718385

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

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Article 201

The marks on the cargo shall be sufficient to designate them and so placed that they can
English .be read until the end of the voyage
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Article 202

The bill of lading is made in two copies, one of which is delivered to the shipper and the (1)
.other remains with the carrier and it is stated that it is not subject to relinquishment
The carrier or his representative signs the copy delivered to the shipper, and the (2)
signature is in writing or by any other means that takes the place of writing, and this copy
.gives its legal bearer the right to receive the goods and dispose of them
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Several copies may be made from the bill of lading upon the shipper's request, and (3)
each copy shall be signed and in it the number of copies made and each copy replaces the
other, and the delivery of the goods according to one of them results in the consideration
.of the other copies as canceled with respect to the carrier

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Article 203

The bill of lading is made in the name of a specific person or for his order or for its (1)
.bearer
Relegation of the nominal bill of lading shall be by following the established rules (2)
.regarding assignment of rights
The bill of lading issued for the order shall be negotiable by endorsement, and the mere (3)
signature of its bearer on the back of the bond shall be deemed an endorsement of the
.ownership transfer
It is permissible to stipulate in the bill of lading that its transfer or circulation is (4)
.prohibited

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Article 204

He shall be a legal bearer of the bill of lading indicated in it or the assignee if the bond is
nominal, and its bearer if the bond is for its bearer or it appears in white and the last
appearance to it if the bond is for the order and the name of the endorser is mentioned in
.it

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Article 205

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The shipper shall provide writing of data relating to the goods upon delivery to the (1)
carrier, and these data shall be recorded in the bill of lading, and the carrier may make
reservations about their registration if he has serious reasons for doubting their validity or
he doesEnglish
not have the usual means to verify them, and the reasons for making reservations
Powered ByTranslate (Https://Translate.Google.Com) .about the data entry in Bill of lading
If the cargo is dangerous, flammable or explosive, the shipper must inform the carrier (2)
of this, and place a statement on the goods to warn of its danger, and a statement of how
.to protect it whenever possible

( Comparative Studies (8 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718395 

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Article 206

The shipper shall be responsible before the carrier for compensation for the damage that
results from incorrect data provided by him on the goods, even if the bill of lading is
.transferred to a third party

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718397 

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Article 207

Every letter of guarantee or agreement under which the shipper guarantees (1)
compensation to the carrier for the damages that result from the issuance of a bill of
lading free of any reservation on the data contained therein. It is not invoked by a third
.party who did not know at the time of obtaining the bond that such data is incorrect
The consignee to whom the bond was issued in his name or to his order shall be (2)
.considered a third party in the provision of this Article unless he is the shipper himself

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Article 208

If the master finds in the ship before travel goods that are not mentioned in the bill of (1)
lading or in the receipt of cargo receipt, or if the data relating to them is found to be
incorrect, he may take them out of the ship at the place of shipment or keep them there
and transport them at a fee equivalent to what is paid for goods of their kind in the place
.The aforementioned, without prejudice to the compensation due

And if the presence of the goods mentioned in the preceding paragraph becomes (2)
evident during travel, the captain may order to dump them at sea if it would cause damage

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to the ship or to the goods in which it is shipped, or if their transport necessitates the
payment of fines or the payment of expenses in excess of their value, or if their sale or
.export is prohibited
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Article 209

If the shipper puts dangerous, inflammable or explosive goods on the ship, the carrier (1)
may at all times remove them from the ship, destroy them, or remove their danger, and the
carrier shall not be asked about that if he proves that he would not have been satisfied
with loading them in the ship if he knew of their nature. For damages and expenses arising
.from placing these goods on the ship
If the carrier knows the nature of these goods and authorized their shipment, then he (2)
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may not remove them from the ship, destroy them, or remove their danger unless their
danger threatens the ship or cargo, and in this case the carrier does not bear any
.responsibility except in relation to the joint maritime losses when Appropriate

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Article 210

Subject to the provisions of Paragraph (1) of Article 205 of this Law, the bill of lading is (1)
considered evidence that the carrier has received the goods from the shipper in the state
indicated therein, and if the bill of lading includes the statement stipulated in (paragraph 3)
of Article 199 of this law It is considered evidence of the shipment of the goods on the ship
or on the ships specified in the declaration and on the date mentioned therein, and the bill
of lading is considered an evidence in proving the data it contains, between the carrier and
.the shipper and with respect to others
In the relationship between the carrier and the shipper, it is permissible to prove the (2)
evidence other than the evidence extracted from the bill of lading and the data contained in
it, and it is not permissible in the face of a bona fide third party to prove anything other
than the evidence extracted from the bond or other than the data stated in it, and this is
.permissible for this third party
The consignee to whom the bond was issued in his name or to his order is considered (3)
.a third party in the rule of this article unless he is the shipper himself

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Article 211

The freight receipt referred to in (Paragraph 2) of Article 199 of this law is considered
evidence of the carrier receiving the goods from the shipper in the state indicated in the 
.receipt, unless proven otherwise

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Article 212
English
Anyone whoByhas
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Translate right to receive goods under a bill of lading may request the carrier (1)
to issue delivery orders relating to quantities thereof, provided that he stipulates this in the
.bill of lading
Delivery warrants are issued in the name of a specific person, to his order, or to his (2)
.bearer, and to be signed by the carrier and the person requesting the permission
If the bill of lading is negotiable, the carrier must state in it a statement of the delivery (3)
notes issued by it and the goods indicated therein, and if the entire shipment is distributed
.among multiple delivery notes, the carrier must recover the bill of lading
The delivery warrant gives its legal bearer the right to receive the goods indicated (4)
.therein
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Article 213

.The sale of the vessel does not result in the annulment of the maritime transport contract

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Article 214

The carrier must prepare the ship and equip it with what is necessary for it to be suitable
for navigation and to carry out the agreed travel and transfer the type of cargo in which it
is shipped, and he must prepare the sections of the ship designated for shipment to be
.suitable for placing the goods in and keeping them

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Article 215

The carrier is obligated to load and unload the goods on board the ship unless (1)
otherwise agreed upon, and he is also obligated to pile the goods in the ship, transport
.and deliver them upon their arrival
.The carrier is obligated to take care of the goods being shipped on board (2)

( Comparative Studies (6 ( Fatwas of the State Council (2) (/data/fatwa/app/1/4821/1718415

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Article 216

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With the exception of coastal navigation between Egyptian ports, the carrier may not ship
goods on deck unless the shipper has authorized him to do so in writing, or if the carrier is
obligated to ship in this manner according to the law in force at the port of shipment or if
English
the nature
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manner, and in all cases it must be mentioned in the bill of lading that the goods are
.shipped on the surface

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Article 217

If the ship stops continuing to travel, whatever the reason for that, the carrier must exert
the necessary care to prepare another ship to transport the goods to the agreed port and
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bear the expenses arising from that, unless the vessel’s suspension is due to the cases of
exemption from liability stipulated in Article 229 of this law, then the expenses are In this
case, the shipper is on the shipper and the carrier is entitled to the agreed fare for the
.entire voyage if the goods arrive at the agreed port

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Article 218

The shipper must deliver the goods to the carrier at the agreed time and place or which are
required by custom prevailing at the port of shipment - if there is no agreement on the
other - and the value of the compensation due upon delay in the implementation of this
.obligation may not exceed the amount of the fee

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Article 219

The shipper shall pay the freight for transportation, and if the fare is due upon arrival, (1)
.he shall also pay it to those who have the right to receive the goods if he accepts it
If the bill of lading is not mentioned in the amount of the fare due upon arrival, it is (2)
assumed that the carrier has received the entire fare upon shipment, and it is not
permissible to prove anything contrary to that in the face of a third party who does not
know at the time of obtaining the bond that the fare or part of it is still due, and it is
considered The consignee to whom the bond was issued in his name or to his order from
.third parties in the provision of this article unless he is the shipper himself
The shipper, or whoever has the right to receive the goods, shall not be exempt from (3)
paying the fee even if the goods are destroyed or their quantity or value decreases during
.travel 
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Article 220

The freight is due for the goods that the master decides to throw into the sea or sacrifice
them inEnglish
any other way to save the ship or cargo, subject to the provisions of joint maritime
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Article 221

The freight shall not be payable if the goods have perished due to force majeure or the
.carrier's negligence in carrying out the obligations imposed on him by law or the contract

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Article 222

The shipper shall guarantee the damage that occurs to the ship or the goods shipped
therein if the damage is caused by his action or the actions of his subordinates or from a
.defect in his goods

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Article 223

The captain shall deliver the goods upon their arrival to the legal bearer of the bill of lading
.or whoever acts on his behalf to receive it

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Article 224

Handing over a copy of the bill of lading to the carrier is an evidence for handing over the
.goods to the owner of the right to receive them, unless proven otherwise

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Article 225

If several persons holding copies of a negotiable bill of lading apply for the receipt of (1)
the goods, the holder of the copy in which the first endorsement is prior to must be
.preferred over the endorsement of the other copies 
If the goods are received by a bona fide bearer of one of the copies, he shall have (2)
.preference over the bearer of the other copies, even if the endorsement thereof is earlier

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English
Article 226
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If the holder of the right to receive the goods does not attend or attend and refuses to (1)
receive them or to pay the freight or other amounts arising from the transportation, the
carrier may request the judge of temporary matters to authorize the deposit of the goods
with a trustee appointed by the judge, and the carrier may request permission to sell All or
.some of the goods to meet the mentioned amounts
The carrier shall have an advantage over the price of the goods in order to collect the (2)
.freight and other sums owed to him by reason of the carriage

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Article 227

The carrier shall guarantee the loss and damage of the goods if the loss or damage (1)
occurs during the period between the carrier taking the goods at the port of loading and
his arrival at the port of discharge to deliver them to the person entitled to receive them or
.deposit them in accordance with the previous article
The liability provisions stipulated in the preceding paragraph shall not apply to the (2)
:following
.a) Coastal navigation between the ports of the Republic unless it is agreed otherwise)
B) Transfer under a lease contract, unless a bill of lading is issued in implementation of)
this transfer, then the provisions of this liability shall apply as of the time when the bond
.regulates the relationship between its bearer and the carrier

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Article 228

Goods shall be deemed perishable if they are not delivered within the sixty days following
.the expiration of the delivery date stipulated in (Paragraph 2) of Article 240 of this Law

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Article 229

The carrier is exempt from the liability stipulated in (Paragraph 1) of Article 227 of this law 
if it is proven that the loss or damage of the goods is due to a foreign cause that has no
.responsibility for him, his deputy, or any of his subordinates

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English
Article 230
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If the shipper intentionally mentioned incorrect information in the bill of lading about the
nature or value of the goods, the carrier shall not be responsible for the loss or damage of
.the goods if he proves that these data are incorrect

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Article 231

The carrier shall not be liable for the loss or damage of the goods that are mentioned in the
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bill of lading as being transported on the deck of the ship if it is proven that the loss or
.damage arises from the risks specific to this type of transport

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Article 232

In the case of transporting live animals, the carrier is not responsible for their loss or
damage if the loss or damage arises from the risks specific to this type of transport, and if
the carrier implements the shipper's instructions regarding the transport of these animals,
it is assumed that their loss or damage to them arises from special risks. With this type of
transport until the shipper proves that a mistake has occurred on the part of the carrier, his
.deputy, or one of his subordinates

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Article 233

Liability, whatever its kind, for the loss or damage of the goods shall be limited to a (1)
maximum of two thousand pounds per parcel or freight unit, or no more than six pounds
.per kilogram of the total weight of the goods, i.e. the two limits are higher
If the parcels or units were collected in containers, and the number of parcels or units (2)
included in the container was mentioned in the bill of lading, each of them was counted as
a separate parcel or unit with regard to setting the upper limit of liability, and if the
container was not owned by the carrier or provided by it and destroyed or destroyed it is
.considered a parcel or Independent unit

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Article 234

It is not permissible for the carrier to insist on facing the shipper to determine liability if
English
the shipper provides a statement prior to shipment of the nature of the goods, their value
and the special
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.in the bill of lading. Contrary to it

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Article 235

If the claim of responsibility for the loss or damage of the goods is brought against one (1)
of the carrier's subordinates, that dependent may adhere to the provisions of exemption
from liability and determine them, provided that it is proved that the mistake he committed
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.occurred while performing his duty or because of it

The amount of compensation awarded against the carrier and his dependents may not (2)
.exceed the maximum stipulated in (paragraph 1) of Article 233 of this law
It is not permissible for the subordinate of the carrier to adhere to the limitation of (3)
liability if it is proven that the damage arose out of an act or omission with the intention of
.causing harm or indifference accompanied by an awareness that damage might occur

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Article 236

Any agreement made prior to the occurrence of the accident from which the damage arose
:and the subject matter of which is one of the following
.a) Exemption of the carrier from liability for the loss or damage of the goods)
.B) To amend the burden of proof that the law places on the carrier)
C) Limiting the responsibility of the carrier to less than what is stipulated in (Paragraph 1))
.of Article 233 of this Law
D) Assignment to the carrier of the rights arising from cargo insurance or any other)
.similar agreement

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Article 237

The carrier may waive all or some of the rights and exemptions established for him, and he
may also increase his liability and obligations provided that this is mentioned in the bill of
.lading

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Article 238

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It is permissible to agree on what contradicts the provisions of Article 236 of this law if the
exceptional circumstances in which the transfer takes place justify the conclusion of this
agreement, provided that it does not exempt the carrier from liability for his mistake or the
error ofEnglish
his subordinates and provided that the bill of lading is not issued, and that the
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is written in A non-negotiable receipt showing proof of that

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Article 239

In the event of the loss or damage of the goods, the one who submits to receive them (1)
must notify the carrier in writing of the loss or damage within a date not exceeding the two
working days following the day of delivery of the goods. The loss or damage is not
apparent. Notification may be given within the fifteen days following the delivery of the
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.goods
The notification stipulated in the preceding paragraph is not required if an inspection of (2)
the goods is conducted and its condition is confirmed at the time of delivery in the
.presence of the carrier or his deputy and the person who received the goods

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Article 240

The carrier shall be responsible for the delay in the delivery of the goods unless he (1)
.proves that the delay is due to a foreign cause over which he has no control
The carrier shall be deemed to have delayed delivery if he does not deliver the goods (2)
on the time agreed upon or on the time during which the ordinary carrier delivers them in
.similar circumstances if there is no such agreement
The amount of compensation awarded to the carrier in the event of delay in delivering (3)
the goods or part thereof shall not exceed the maximum compensation stipulated in
.(paragraph 1) of Article 233 of this law
No compensation shall be payable for damage resulting from delay in the delivery of (4)
goods if the claimant for compensation has not notified the carrier in writing of the delay
.within sixty days from the date of delivery

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Article 241

The carrier may not insist on determining his liability for the loss or damage of the (1)
goods or delaying their delivery if it is proved that the damage arose from an act or
omission issued by him or his deputy or one of his subordinates with the intent to cause
.the damage or indifference accompanied by the perception that damage might occur 
It is assumed that the carrier or his deputy intends to cause harm in the following two (2)
:cases

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a) If the bill of lading is issued free of reservations, with the presence of what is required)
.to be mentioned in the voucher, with the intention of harming a bona fide third party
B) If the goods are loaded on deck in violation of an express agreement, they must be)
English
.loaded in the ship's hold
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Article 242

The carrier shall not be liable for the loss of the goods, their damage, or their delay in their
arrival if this occurred due to saving or attempting to save lives at sea or because of the
.reasonable measures taken by him to save money at sea

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Article 243

The carrier may be entrusted with carrying out the transport operation or part of it to (1)
another carrier (the actual carrier) unless otherwise agreed upon, and the carrier who
concluded the transport contract with the shipper (the contracting carrier) remains liable
before him for all damages that occur during the execution of the contract Transport, and
the actual carrier shall not be liable before the shipper except for the damages that occur
during the part of the transport which he carries out and he shall be responsible for these
.damages before the shipper in cooperation with the contracting carrier
Each of the carrier, the contracting party, and the actual carrier may adhere to (2)
determining the liability stipulated in paragraph (1) of Article 233 of this law, and what the
compensation claimant gets from the contracting carrier and the actual carrier may not
.exceed the maximum stipulated in the said paragraph
In the case of transport with a direct bill of lading, the provisions stipulated in the two (3)
previous paragraphs shall apply to the responsibility of the first carrier that issued the bill
of lading and the liability of the carriers following him. Nevertheless, the first carrier shall
be absolved of responsibility if he proves that the accident that resulted from the loss of
the goods, their damage or delay Her arrival occurred while she was escorted by a later
.carrier

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Article 244

The lawsuits arising from the contract of carriage of goods by sea shall expire with the (1)
lapse of two years from the date of delivery of the goods or from the date on which
.delivery should have taken place
The validity of the period shall be interrupted by a registered letter accompanied by (2) 
acknowledgment of receipt or delivery of documents related to the claim, or by delegating
.an expert to assess damages, in addition to the reasons established in the Civil Law

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The right of the person to whom the claim was directed to recourse to other obligors (3)
shall expire after the lapse of ninety days from the date on which the lawsuit was instituted
against him or from the date of his fulfillment even if the period referred to in paragraph (1)
English
.of this article has passed
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Article 245

The lawsuits arising from the contract of transporting goods by sea shall be brought
before the competent court in accordance with the provisions of the Civil and Commercial
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Procedures Law, and it is also permissible, according to the plaintiff’s choice, to file the
aforementioned lawsuits to the court in whose jurisdiction the port of shipment, the port of
discharge, or the port in which the ship is seized is located, and every agreement shall be
null. Prior to the existence of the dispute, the plaintiff shall deny or restrict the right to this
.choice

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Article 246

If it is agreed in the contract for the transportation of goods by sea that the lawsuits
arising from it shall be referred to arbitration, the arbitration shall be conducted according
to the choice of the plaintiff in the circuit of the court in which the port of shipment or the
port of discharge is located, or in the residence of the defendant or at the place where the
contract was concluded, provided that the defendant is in this place A main center or
branch of an agency, or in the place specified in the arbitration agreement, or in the court
department in which the port in which the vessel was seized is located, and every previous
agreement on the establishment of the dispute requiring the plaintiff to deny or restrict the
.right to this choice shall be null

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
Article 247

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In the event that it is agreed to refer the lawsuits arising from the contract of transporting
goods by sea to arbitration, the arbitrators shall be bound to settle the dispute according
to the provisions stipulated in this law regarding the said contract, and any previous
English
agreement on the establishment of the dispute that exempts the arbitrators from abiding
Powered ByTranslate (Https://Translate.Google.Com) .by these provisions shall be null

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Maritime Trade Law - Chapter Three - In the Exploitation of the Ship - Chapter Two - Maritime Transport Contract - Third -
Transport of Persons
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Article 248

The contract of transporting people by sea is confirmed by a document called "the (1)
:travel ticket" and it is mentioned in the travel ticket in particular
.A) The name of the carrier and the name of the traveler)
.B) Flight statement)
.C) The name of the vessel)
D) The port of residence, its date, the port of arrival and its date, and the intermediate)
.ports designated for the berthing of the ship
.E) Fare for transportation)
.F) The class and number of the room occupied by the passenger or his place on the ship)
It is not permissible to transfer the airline ticket to a third party without the consent of (2)
.the carrier

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Article 249

It is permissible to replace the travel ticket with another document indicating the name of
the carrier and the services he is obligated to perform, if the total tonnage of the ship does
not exceed twenty marine tons or the ship is performing services within the port or in
.limited areas designated by the maritime authorities

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Article 250

The carrier is obligated to prepare the ship and equip it with what is necessary to be fit for
navigation and to carry out the agreed travel, and he is obligated to keep the ship in this

.condition throughout the duration of the voyage

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English
Article 251
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The traveler must come to travel at the time and place indicated in the travel ticket, and if
the traveler fails to attend for travel or is late for the specified time, he remains obligated to
.pay the fare

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Article 252

If the traveler dies or an obstruction prevents his travel, the contract is terminated
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provided that he or his heirs inform the carrier of this at least three days before the
scheduled time for travel, and if the notification is made, the carrier is only entitled to a
quarter of the fare, and these provisions apply to members of the traveler's family and
.dependents who were to be Travel with him if they ask

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Article 253

If the travel begins, the circumstances related to the traveler have no effect on the
.obligations of the contract

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Article 254

If it is not possible to travel for a reason that is not due to the carrier, the contract is (1)
canceled without compensation, and if it is proven that the travel ban is due to the act of
the carrier, he is obligated to pay compensation equivalent to half of the fare, and it is
assumed that the failure to travel is due to the carrier’s action until evidence is based
.otherwise
If the travel ceases for a period exceeding three days, the traveler may terminate the (2)
contract with appropriate compensation when necessary, and the carrier is exempt from
obligation to compensate if he proves that the reason for stopping travel is not due to him
and it is not permissible if the carrier transports the traveler to the agreed place of arrival
.on time. Reasonable and on a ship of the same standard

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
Article 255

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The traveler may request the termination of the contract with compensation, when
necessary, if the carrier makes a substantial adjustment in the dates of travel, the ship's
itinerary, or the advertised intermediate berthing ports. Nevertheless, the carrier is exempt
English
.from compensation if he proves that he exercised his usual care to avoid this modification
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Article 256

The carrier shall be liable for the damage caused by the death of the traveler or the (1)
bodily injuries he inflicts if the accident that resulted from the damage occurred during the
.implementation of the contract of carriage
The accident is considered to have occurred during the implementation of the transport (2)
contract if it occurred during the travel or during the passenger boarding the ship at the
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port of residence or disembarking from it in the port of arrival or in a medium port or

during the period during which the traveler is in the escort of the carrier before embarking
.on the ship or after disembarking. Of which

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Article 257

The carrier is exempt from the liability stipulated in the previous article if he proves that
.the passenger’s death or injury is due to a foreign cause that he has no control over

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Article 258

The compensation awarded to the carrier in the event of the traveler's death or injury (1)
may not exceed one hundred and fifty thousand pounds, and it is permissible to agree on
.a compensation limit in excess of this amount
The compensation stipulated in Paragraph (1) of this Article includes the sum of (2)
compensation requests submitted by the traveler, his heirs or their dependents, for each
.accident separately

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Article 259

The carrier may not adhere to the limitation of liability if it is proven that the damage
resulted from an act or omission issued by him or his deputy with the intent to cause the 
.damage or indifference accompanied by an awareness that damage may occur

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Article 260
English
Any agreement made prior to the occurrence of the accident from which the damage arose
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:and the subject matter of which is one of the following
A) Exemption of the carrier from liability before the traveler, his heirs, or their dependents.)
.(B) Amending the burden of proof that the law places on him
.C) Limiting compensation to less than what is stipulated in Article 258 of this Law)
.D) Assignment to the carrier of the rights arising from insurance for the traveler)

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Article 261
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In the event of bodily injury, the carrier must be notified in writing of the injury within
fifteen days from the date on which the passenger left the ship, otherwise it is assumed
.that he left the ship without injury unless he is proven otherwise

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Article 262

The carrier shall be liable for the damage that results from the delay in the implementation
of the obligations entailed by the contract, unless it is proven that this delay is due to a
.foreign cause that he has no control over

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Article 263

The claim for compensation for damage resulting from the death or injury of the (1)
:traveler shall expire with the lapse of two years in effect from
.a) The day following the departure of the passenger in the case of bodily injury)
B) The day on which the passenger should have left the ship in the event of death during)
.the execution of the contract of carriage
C) On the day of death if it occurred after the passenger left the ship and because of an)
accident that occurred during the implementation of the contract of carriage, and in this
case the lawsuit shall expire in any case after the lapse of three years from the date on
.which the traveler left the ship
The claim for compensation for damage resulting from the delay in arrival shall expire (2)
.with the lapse of six months from the day following the departure of the passenger

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Article 264

If the compensation lawsuit is filed against one of the carrier’s agents or one of his
English the one against whom the lawsuit is filed may adhere to the arguments that
subordinates,
the carrier
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lapse of the period if the agent or dependent proves that the act attributed to him was
.made in the case of performing his job or because of it

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Article 265

The provisions of the contract of carriage of persons stipulated in this chapter do not (1)
apply to free transportation unless the carrier is a professional, and they also do not apply
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in the case of persons who infiltrate the ship stealthily with the intention of traveling
.without a fee
The provisions of the Persons Carriage Contract stipulated in this Chapter shall apply (2)
to persons whom the carrier agrees to transport as accompanying a live animal or
.something else that he carries under a cargo transport contract

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Article 266

The obligation of the carrier includes the transportation of the traveler's luggage within the
.limits specified by the contract or custom

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Article 267

The carrier or his representative shall deliver a receipt for the baggage that the traveler (1)
.delivers to him for transportation, and this baggage shall be recorded in a special book
Cars and other vehicles delivered by the passenger to the carrier to be transported with (2)
.him on the ship are considered from the checked baggage

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Article 268

The value of the compensation awarded to the carrier in the event of loss or damage to (1)
the checked baggage may not exceed five thousand pounds for each passenger, unless
the damage is related to a car or other vehicle, then the compensation value may exceed

this limit, provided that it does not exceed Fifty thousand pounds for each car or vehicle
.and the luggage that may be found in it

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Subject to the provisions mentioned in the previous paragraph and in Article 271 of this (2)
law, the provisions of the contract for the carriage of goods by sea shall apply to the
.carriage of unregistered baggage
English
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Article 269

The carrier shall be liable for the loss or damage of the unchecked baggage kept by the (1)
passenger if it is proven that the damage is due to the fault of the carrier or the fault of his
.representative or his subordinates
Subject to the provisions stipulated in Article 259 of this law, the compensation (2)
awarded to the carrier in the event of loss or damage to unregistered baggage may not
exceed two thousand pounds per traveler, and this limit does not apply to the things that
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the traveler deposits with the master or Whenever the person assigned to keep deposits
.on board informs him of the special importance he attaches to preserving them

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Article 270

The captain may not seize the passenger's unregistered luggage in payment of the
.carriage fare

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Article 271

The lawsuits arising from the carriage of baggage shall expire with the lapse of two years
from the day following the day the passenger left the ship or the day following the day on
.which he should have left the ship

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Article 272

The lawsuits arising from the contract of transporting persons by sea shall be brought to
the competent court in accordance with the provisions stipulated in the Civil and
Commercial Procedures Law, and it is also permissible, at the choice of the plaintiff, to file
the aforementioned lawsuits to the court in whose jurisdiction the port of residence or the
port of arrival or the port in which the vessel is seized is located and is null and void.
Every prior agreement on the establishment of the dispute requires the plaintiff to deny or 
.restrict the right to this choice

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Article 273
English
In the case of tourism cruises, the organizer of the trip, before the subscribers, is obligated
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to implement it according to the conditions stipulated in the contract organizing the trip or
.the conditions announced

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Article 274

The tour organizer delivers to each participant or to each group of participants the flight
ticket, otherwise the contract organizing the trip will be null and the participant alone has
.the right to uphold this nullity
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Article 275

:In the voyage ticket, in particular

.A) the name of the vessel)
.B) The name and address of the tour operator)
.C) The passenger's name and address)
.D) The class of travel and the number of the room occupied by the passenger on the ship)
.E) The price of the ticket and a statement of the expenses covered by that price)
F) Port of origin, port of destination and intermediate ports designated for berthing a ship.)
.(G) Date of resumption and date of return
H) The services that the tour operator undertakes to provide to the passenger)
.participating in it

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Article 276

In addition to the flight ticket, the tour operator delivers to the traveler a notebook that
includes vouchers in each of them showing the services that the trip organizer undertakes 
.to provide to the traveler on land at the port mentioned in the voucher

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Article 277
English
The tour organizer shall be responsible for breaching the obligations indicated in the flight
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.ticket and in the book referred to in the previous article

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Article 278

The trip organizer shall be asked to compensate the passenger or his luggage during the
implementation of the maritime transport contract, and the provisions stipulated in Articles
.256 to 272 of this law apply to this responsibility
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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter Three - Towing

Article 279

The management of the towing process inside the ports shall be for the captain of the (1)
towing vessel, and the supplier of this vessel shall be asked about all the damages that
.occur during the towing process
By a written agreement, the management of the towing operation inside the port may be (2)
left to the captain of the tugboat, and in this case the supplier of this vessel shall be liable
for the damages that occur during the towing process unless it is proved that the damage
.was caused by the towing vessel

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Article 280

The towing operation shall be managed outside the port boundaries of the captain of (1)
the tugboat ship, and the supplier of this vessel shall be asked about all the damages that
occur during the towing process, unless he proves that the damage resulted from the fault
.of the towing vessel
It is permissible, by express agreement, to leave the towing operation outside the port (2)
to the captain of the towing vessel, in which case the supplier of this vessel shall be asked
.about the damages that occur during the towing process

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
Article 281

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The lawsuits arising from the towing process lapse after two years from the date of the end
.of this process

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Maritime Trade Law - Chapter Three - In the exploitation of the ship - Chapter Four - Guidance

Article 282

Pilotage is compulsory in the Suez Canal and in Egyptian ports, which are appointed by (1)
.a decision issued by the competent minister
It shall apply in relation to the organization of the extension, the determination of its (2)
areas, and the determination of the original and additional fees that are due on it in
.accordance with the laws and decisions related to this
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A decision by the competent minister shall be issued for determining the cases of (3)
.exemption from the obligation to pilot ships in Egyptian ports

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Article 283

Every ship that is subject to piloting obligation must follow the rules set by the competent
administrative authority to request pilotage before entering the pilotage area or moving in
.or out of it

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Article 284

The pilot shall offer his assistance first to the ship in danger even if he is not requested to
.do so

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Article 285

If the pilot is forced to travel with the ship due to bad weather conditions or at the request
of the captain, he shall be obligated to pay his food and accommodation expenses and
.return him to the port from which he arrived with compensation when necessary 
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Article 286

Command and management of the ship remains with the master while the pilot is doing his
English .work on it
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Article 287

The ship supplier is responsible for the damages caused to others due to the errors made
.by the pilot in the implementation of the pilotage
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Article 288

The ship supplier shall be responsible for the damages caused to the pilot ship during the
implementation of the pilotage, unless he proves that the damage resulted from a serious
.error on the part of the pilot

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Article 289

The operator shall be responsible for the damage suffered by the pilot or the sailors of the
pilot vessel during the implementation of the pilotage, unless he proves that the damage
.was caused by a mistake made by the pilot or by the sailors

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
Article 290

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.The pilot shall not be liable for damages to the vessel he guides

( Comparative Studies (2 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717797 

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Article 291

The lawsuits arising from the counseling process will lapse with the lapse of two years
.from the date on which this process ends

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Maritime Trade Law - Chapter Four - In Maritime Accidents - Chapter One - Collision

Article 292

In the event of a collision between marine vessels or between marine vessels and (1)
inland navigation vessels, the compensation due for damage to ships, things and persons
on board shall be settled according to the provisions stipulated in this chapter without
regard to the waters in which the collision occurred, with the exception of restricted floats
With a fixed berth, every floating under this article is considered a marine vessel or inland
.navigation vessel, as the case may be
The provisions stipulated in this chapter shall apply, even if no physical collision (2)
occurred, to compensation for the damages caused by a ship to another or to objects or to
persons on this ship if the damages are caused by the ship’s movement, negligence to
undertake a movement, or failure to observe the provisions determined by it. The national
legislation or international agreements in force in the Arab Republic of Egypt regarding the
.regulation of maritime traffic

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Article 293

The provisions of this chapter, except for the provisions of paragraph (2) of Article (30) of 
this law, shall apply to marine vessels and inland navigation vessels designated by the
.state or a public person for public service and non-commercial purposes

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Article 294

.The liability arising from collision error is not assumed

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Article 295

If the collision arose out of a force majeure or a doubt arises about the causes of its
occurrence, each ship bore the damage it suffered, and this provision applies even if the
ships in which the collision occurred or one of these ships was at anchor at the time of the
.accident

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Article 296

If the collision results from the fault of one of the ships, this ship is obligated to
.compensate for the damage that may result from the collision

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Article 296

If the collision results from the fault of one of the ships, this ship is obligated to
.compensate for the damage that may result from the collision

( Comparative Studies (13 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718017 


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English Article 297

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If the fault is a common one, the liability of each of the ships between which the (1)
collision occurred is estimated in proportion to the fault that occurred from them, and if
the circumstances prevented the determination of the percentage of the error that
.occurred from each ship, the liability was distributed among them equally
The ships that participated in the error shall be liable in the same percentage stipulated (2)
in the previous paragraph, and without joint cooperation between them before third
parties, for damages to the ships, their cargo, the baggage or other items belonging to the
.seafarers or any other person on the ship
The liability is jointly accepted by third parties if the mistake results in the death or (3)
injury of a person, and the vessel that pays more than its share may recourse the excess
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.to the other ships

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Article 298

The liability stipulated in this chapter entails even if the collision occurred with the guide’s
mistake, even if the guidance was compulsory, without prejudice to the general rules on
.liability

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718021 

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Article 299

The captain of each of the ships in which the collision occurred must initiate assistance (1)
to the other ships, their sailors and other persons on board, to the extent that he does not
expose his ship, its sailors, or the persons on it to a serious risk, and the master shall be
responsible if he neglects to implement this obligation And whenever possible, he shall
inform the other ships of the name of his ship, its port of registration, the destination
.coming from it and the destination traveling to it
The provider shall not be responsible for the breach of these obligations unless the (2)
.violation is committed upon his explicit instructions

( Comparative Studies (15 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718023 

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English
Article
Powered ByTranslate (Https://Translate.Google.Com) 300

The plaintiff may file the lawsuit arising from the collision before one of the following (1)
:courts
.A) The court in which circuit the residence of the defendant is located)
B) The court in whose jurisdiction the first Egyptian port is located, to which ships or one)
.of the ships in which the collision occurred
C) The court in whose jurisdiction the port in which he was seized is located on the ships)
.in which the collision occurred or on one of these ships
D) The court in whose jurisdiction the location of the collision is located if collision)
.occurs in Egyptian waters
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The litigants may agree to submit the dispute arising from the collision to arbitration, (2)
provided that the arbitration takes place according to the plaintiff’s choice in a circuit of
.one of the courts stipulated in the previous paragraph

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718025 

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Article 301

‫ وﻣﻊ ذﻟك ﯾﻧﻘﺿﻲ ﺣق اﻟرﺟوع اﻟﻣﻧﺻوص‬،‫( ﺗﻧﻘﺿﻲ دﻋﺎوى اﻟﺗﻌوﯾض اﻟﻧﺎﺷﺋﺔ ﻋن اﻟﺗﺻﺎدم ﺑﻣﺿﻲ ﺳﻧﺗﯾن ﻣن ﺗﺎرﯾﺦ وﻗوع اﻟﺣﺎدث‬1)
.‫ ﻣن ھذا اﻟﻘﺎﻧون ﺑﻣﺿﻲ ﺳﻧﺔ ﻣن ﺗﺎرﯾﺦ اﻟوﻓﺎة‬297 ‫( ﻣن اﻟﻣﺎدة‬3) ‫ﻋﻠﯾﮫ ﻓﻲ اﻟﻔﻘرة‬
‫( وﻣﻊ ﻣراﻋﺎة أﺣﻛﺎم اﻟﻘﺎﻧون اﻟﻣدﻧﻲ ﯾﻘف ﺳرﯾﺎن اﻟﻣدد اﻟﻣﻧﺻوص ﻋﻠﯾﮭﺎ ﻓﻲ اﻟﻔﻘرة اﻟﺳﺎﺑﻘﺔ إذا ﺗﻌذر اﻟﺣﺟز ﻋﻠﻰ اﻟﺳﻔﯾﻧﺔ اﻟﻣدﻋﻰ‬2)
.‫ وﻛﺎن اﻟﻣدﻋﻲ ﻣن اﻷﺷﺧﺎص اﻟذﯾن ﯾﺗﻣﺗﻌون ﺑﺟﻧﺳﯾﺔ ﺟﻣﮭورﯾﺔ ﻣﺻر اﻟﻌرﺑﯾﺔ أو ﻛﺎن ﻟﮫ ﻣوطن ﺑﮭﺎ‬،‫ﻋﻠﯾﮭﺎ ﻓﻲ اﻟﻣﯾﺎه اﻹﻗﻠﯾﻣﯾﺔ اﻟﻣﺻرﯾﺔ‬

‫طﺑﺎﻋﺔ‬  ‫ ﺗرﺟﻣﺔ‬ (13) ‫ اﻟدراﺳﺎت اﻟﻣﻘﺎرﻧﺔ‬ (data/ahkam/app/1/4821/1718027/) (1) ‫ ﺗطﺑﯾﻘﺎت اﻻﺣﻛﺎم‬

‫ اﻹﻧﻘﺎذ‬- ‫ اﻟﻔﺼﻞ اﻟﺜﺎﻧﻲ‬- ‫ ﻓﻲ اﻟﺤﻮادث اﻟﺒﺤﺮﻳﺔ‬- ‫ اﻟﺒﺎب اﻟﺮاﺑﻊ‬- ‫ﻗﺎﻧﻮن اﻟﺘﺠﺎرة اﻟﺒﺤﺮﻳﺔ‬

302 ‫اﻟﻣﺎدة‬

‫( ﺗﺳري أﺣﻛﺎم ھذا اﻟﻔﺻل ﻋﻠﻰ إﻧﻘﺎذ اﻟﺳﻔن اﻟﺑﺣرﯾﺔ اﻟﺗﻲ ﺗﻛون ﻓﻲ ﺧطر وﻋﻠﻰ اﻟﺧدﻣﺎت ﻣن اﻟﻧوع ذاﺗﮫ اﻟﺗﻲ ﺗؤدى ﺑﯾن اﻟﺳﻔن اﻟﺑﺣرﯾﺔ‬1)
.‫وﻣراﻛب اﻟﻣﻼﺣﺔ اﻟداﺧﻠﯾﺔ وذﻟك دون اﻋﺗﺑﺎر ﻟﻠﻣﯾﺎه اﻟﺗﻲ ﯾﺣﺻل ﻓﯾﮭﺎ اﻹﻧﻘﺎذ أو ﺗﻘدم ﻓﯾﮭﺎ اﻟﺧدﻣﺔ‬
.‫( وﺗﻌد ﻛل ﻋﺎﺋﻣﺔ ﻓﻲ ﺣﻛم ھذه اﻟﻣﺎدة ﺳﻔﯾﻧﺔ ﺑﺣرﯾﺔ أو ﻣرﻛب ﻣﻼﺣﺔ داﺧﻠﯾﺔ ﺑﺣﺳب اﻷﺣوال‬2)

‫طﺑﺎﻋﺔ‬  ‫ ﺗرﺟﻣﺔ‬ (13) ‫ اﻟدراﺳﺎت اﻟﻣﻘﺎرﻧﺔ‬ (data/ahkam/app/1/4821/1717801/) (1) ‫ ﺗطﺑﯾﻘﺎت اﻻﺣﻛﺎم‬



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Article 303

The provisions stipulated in this chapter, except for the provision of paragraph (2) of
Article English
315 of this law, shall apply to marine vessels and inland navigation vessels
designated by
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purposes, if these ships or vessels are owned by the state or by a public person. , The
.provisions of Article 307 and Paragraph (2) of Article 315 of this Law shall not apply to it

( Comparative Studies (3 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717803 

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Article 304
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Every captain must hasten to rescue every person at sea who is in danger of perishing, (1)
even if he is an enemy, to the extent that he does not expose his ship or the persons on it
to serious danger, and the captain is responsible if he neglects to implement this
.obligation
The ship supplier shall not be held responsible for the violation of the obligation (2)
referred to in the previous paragraph, unless the violation is committed upon his explicit
.instructions

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717805 

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Article 305

Every salvage act gives the right to a fair remuneration provided that it leads to a (1)
beneficial result, and the remuneration may not exceed the value of the things that were
.saved
If the salvage work did not lead to a beneficial result, the vessel to which these works (2)
.were presented shall be bound by the expenses spent in this regard

( Comparative Studies (13 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717807 

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Article 306 

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The persons who participated in the rescue work shall not be entitled to any remuneration
or expenses if the vessel for which these works were offered has expressly refused their
.aid and for a reasonable reason
English
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( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717809 

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Article 307

.The reward is due even if the rescue took place between ships of one person

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717811 

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Article 308

In the event of towing, no reward or expenses shall be due to the vessel that performs this
operation for salvaging the vessel it is towing or the goods or persons on board, unless
.the tugboat carries out exceptional services that are not normally included in the tugging

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717813 

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Article 309

.You are not entitled to any bonus or expense for saving mail of any kind

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Article 310

The two parties agree on the amount of the reward, and if they do not agree, the court (1)
shall determine its amount and determine in the same manner the proportion of the
distribution of the reward between the ships that participated in the salvage operations, as
well as the proportion of the distribution between the owner of each ship, its captain and
.its sailors 

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If the salvage vessel is a foreign ship, then the distribution shall take place between its (2)
owner and its captain and the persons who are serving it in accordance with the law of the
.country whose nationality the ship has
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( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717817 

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Article 311

In respect of rescuing persons, a reward determined by the judge upon disagreement (1)
shall be due, and he may exempt the person who was saved from paying the reward if his
.financial condition justifies that
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Persons who saved human lives are entitled to a fair share in the reward given to those (2)
who rescued the ship and goods on the occasion of the same accident, and it is not
permissible to combine the salvor's share of this share with the reward referred to in the
.previous paragraph

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717819 

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Article 312

.‫ﯾﺟوز ﻟﻠﻣﺣﻛﻣﺔ ـ ﺑﻧﺎء ﻋﻠﻰ طﻠب أﺣد اﻟطرﻓﯾن ـ إﺑطﺎل أو ﺗﻌدﯾل ﻛل اﺗﻔﺎق ﻋﻠﻰ اﻹﻧﻘﺎذ إذا ﺗﺑﯾن ﻟﮭﺎ أن ﺷروطﮫ ﻏﯾر ﻋﺎدﻟﺔ‬

‫طﺑﺎﻋﺔ‬  ‫ ﺗرﺟﻣﺔ‬ (12) ‫ اﻟدراﺳﺎت اﻟﻣﻘﺎرﻧﺔ‬ (data/ahkam/app/1/4821/1717821/) (1) ‫ ﺗطﺑﯾﻘﺎت اﻻﺣﻛﺎم‬

313 ‫اﻟﻣﺎدة‬

:‫( ﺗراﻋﻲ اﻟﻣﺣﻛﻣﺔ ﻓﻲ ﺗﺣدﯾد اﻟﻣﻛﺎﻓﺄة اﻷﺳﺎﺳﯾن اﻟﺗﺎﻟﯾﯾن ﺑﺣﺳب اﻟﺗرﺗﯾب‬1)

‫)أ( ﻣﻘدار اﻟﻣﻧﻔﻌﺔ اﻟﺗﻲ ﻧﺗﺟت ﻋن اﻹﻧﻘﺎذ وﺟﮭود اﻷﺷﺧﺎص اﻟذﯾن اﺷﺗرﻛوا ﻓﯾﮫ وﻛﻔﺎءﺗﮭم واﻟﺧطر اﻟذي ﺗﻌرﺿت ﻟﮫ اﻟﺳﻔﯾﻧﺔ اﻟﺗﻲ أﻧﻘذت‬
‫واﻷﺷﺧﺎص اﻟﻣوﺟودﯾن ﻋﻠﯾﮭﺎ واﻟﺑﺿﺎﺋﻊ اﻟﻣﺷﺣوﻧﺔ ﻓﯾﮭﺎ واﻟﺧطر اﻟذي ﺗﻌرض ﻟﮫ اﻟﻣﻧﻘذون واﻟﺳﻔﯾﻧﺔ اﻟﺗﻲ ﻗﺎﻣت ﺑﺎﻹﻧﻘﺎذ واﻟوﻗت اﻟذي‬
‫اﺳﺗﻐرﻗﺗﮫ ھذه اﻟﻌﻣﻠﯾﺎت واﻟﻣﺻروﻓﺎت واﻷﺿرار اﻟﺗﻲ ﻧﺗﺟت ﻋﻧﮭﺎ وﻗﯾﻣﺔ اﻷدوات اﻟﺗﻲ اﺳﺗﻌﻣﻠت ﻓﯾﮭﺎ ﻋﻠﻰ أن ﯾراﻋﻰ ﻋﻧد اﻻﻗﺗﺿﺎء ﻛون‬
.‫اﻟﺳﻔﯾﻧﺔ ﻣﺧﺻﺻﺔ ﻟﻼﻧﻘﺎذ‬
.‫)ب( ﻗﯾﻣﺔ اﻷﺷﯾﺎء اﻟﺗﻲ أﻧﻘذت وأﺟرة اﻟﻧﻘل‬
.‫( وﺗراﻋﻲ اﻟﻣﺣﻛﻣﺔ اﻷﺳﺎﺳﯾن ذاﺗﯾﮭﻣﺎ ﻋﻧد ﺗوزﯾﻊ اﻟﻣﻛﺎﻓﺄة ﺑﯾن اﻟﻘﺎﺋﻣﯾن ﺑﺎﻹﻧﻘﺎذ إذا ﺗﻌددوا‬2)

‫طﺑﺎﻋﺔ‬  ‫ ﺗرﺟﻣﺔ‬ (14) ‫ اﻟدراﺳﺎت اﻟﻣﻘﺎرﻧﺔ‬ (data/ahkam/app/1/4821/1717823/) (1) ‫ ﺗطﺑﯾﻘﺎت اﻻﺣﻛﺎم‬ 

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314 ‫اﻟﻣﺎدة‬

The court may decide to reduce or cancel the reward if it becomes evident that the
English
rescuers have committed errors that made salvation necessary, or if they committed thefts
.or concealed stolen items or other acts of fraud occurred from them
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( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717825 

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Article 315

The lawsuits claiming remuneration or expenses for salvage shall expire with the lapse (1)
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.of two years from the date of the end of salvage work
Subject to the provisions of the civil law, the period stipulated in the previous (2)
paragraph shall cease to apply if it is not possible to seize the defendant ship in the
territorial waters and the plaintiff is a person who possesses the nationality of the Arab
.Republic of Egypt or has a residence there

( Referenced Legislation (1 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717827 

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Article 316

Any agreement requiring the competence of a foreign court to hear cases arising from
salvage or to conduct arbitration in these cases outside the Arab Republic of Egypt shall
be null and void if the rescue took place in Egyptian waters and the ship that carried out
.the rescue or the ship that was rescued enjoys the Egyptian nationality

( Comparative Studies (3 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717829 

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Maritime Trade Law - Chapter Four - In Maritime Accidents - Chapter Three - Maritime Losses

Article 317

Marine losses shall be subject to the provisions stipulated in this chapter, in respect of
which there is no special agreement between the concerned parties. If there is no

.agreement or text, the rules established in maritime custom shall be applied

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( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718067 

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Article 318

.Marine losses are either shared or private

( Comparative Studies (9 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718069 

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Article 319

A joint loss is every sacrifice or extraordinary expense decided by the master that is (1)
made or spent intentionally and in a reasonable manner for the sake of public safety to
prevent an imminent danger threatening the ship or the money on it, and every loss to
which the provisions of the preceding paragraph do not apply is considered a special loss.
(2) It is assumed that the loss is private, and whoever claims that it is a joint loss must
.prove this

( Comparative Studies (25 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718071 

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Article 320

The private loss shall be borne by the owner of the thing that suffered the damage or
whoever spent the expenses, taking into account his right to recourse to the person who
.caused the damage or who benefited from the expenditures

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718073 

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Article 321

In joint losses, only material damages that occur to the ship or the funds on it and the
sums spent for them are accepted, provided that the damages or amounts arise directly
from the sacrifice that the master decided to make or the expenses that he decided to

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spend, as for the damages arising from delay such as suspension of the ship and indirect
.damages As the difference in commodity prices, it is not accepted in joint losses

English
( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718075 
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Article 322

The loss is considered joint if the accident that resulted from the mistake of one of the
concerned parties occurred during the trip, without prejudice to the right of the other
.concerned parties to recourse to the one who made the mistake
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( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718077 

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Article 323

A joint loss is the expenses that were spent instead of other expenses that would have
been accepted in the loss if they were spent, on the condition that they do not exceed the
.expenses that were not spent

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718079 

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Article 324

With the exception of coastal navigation, cargo shipped on deck in violation of the
provisions of Article 216 of this law contributes to a common loss if it is saved. The law or
regulations in force at the port of shipment or the nature of the shipment required it to be
.shipped in this manner, or it was customary in this port to do so

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718081 

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
Article 325

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 8/12/2020 ‫ﺷﺑﻛﺔ ﻗواﻧﯾن اﻟﺷرق‬

The loss or damage that inflicts the goods for which a bill of lading or receipt has not been
issued by the carrier or his representative, and these goods contribute to joint losses if
.salvaged
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( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718083 

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Article 326

Goods for which a statement has been submitted at less than their real value will
contribute to joint losses on the basis of their real value. These losses are not accepted if
they are destroyed or damaged except on the basis of the value mentioned in the
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.statement

( Comparative Studies (12 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718085 

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Article 327

The sailors' luggage and the luggage of travelers for which a bill of lading or receipt has
not been issued by the carrier or his representative, as well as postal letters of all kinds,
do not contribute to joint losses if saved, and these losses are accepted at their estimated
.value

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718087 

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Article 328

It consists of the obligations and rights arising from joint losses, two groups, a debit
.group and a credit group

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718089 

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Article 329

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 8/12/2020 ‫ﺷﺑﻛﺔ ﻗواﻧﯾن اﻟﺷرق‬

The ship, the freight, and the cargo shipped on board the ship contribute to the group in
:the following manner
a) The ship contributes to its value in the port in which the sea voyage ends, in addition to)
English
.the value of the sacrifices it has incurred
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B) The total fare for the transportation of goods and the fare for the transportation of)
.persons whose entitlement is not required in all cases contribute by two-thirds
C) The goods that were rescued at their true commercial value contribute to the port of)
discharge, and the goods that have sacrificed their estimated commercial value contribute
.to the said port

( Comparative Studies (17 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718091 

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Article 330

The damages and expenses that are among the common losses are accepted in the
,creditor group
estimated as follows: (a) The value of the damage to the ship in the port where the voyage
ends, and the estimate is based on the expenditures actually spent in repairing the
damage that befell the ship, or on the basis of Estimated expenses in the event of failure to
carry out repairs in the ship, and in the event of the ship's total loss or consideration of it
as such, the amount to be accepted in the joint losses shall be determined on the basis of
the value of the vessel intact before the occurrence of the accident after deducting the
estimated value of the repairs that do not have the character of common losses and the
.price collected from the sale of the wreck. If any
B) The value of damage to the goods at the port of discharge shall be estimated, and the)
estimate shall be based on the commercial value of these goods while they are intact in
the aforementioned port, and in the event of damage, it is estimated on the basis of the
difference between its intact value and its damaged value, on the last day of unloading the
ship at the port designated first for its arrival. Or on the day of the end of the sea voyage if
it ended at a port other than the aforementioned port, and if the damaged goods are sold,
the damage to be accepted in the joint losses shall be determined on the basis of the
difference between the net price resulting from the sale and the value of the goods while
they are intact on the last day of unloading the ship at the port designated first for its
arrival or on the day End of the sea voyage if it ends at a port other than the
.aforementioned port

( Comparative Studies (18 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718093 

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
Article 331

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If one of the concerned parties does not pay the assets required of him to contribute to the
joint losses, then the expenses spent to obtain these funds are accepted in the joint
.losses
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Article 332

If the owners of the goods provided cash to guarantee their contribution to the joint (1)
losses, they must be deposited immediately in a joint account opened in the name of a
representative for the supplier and on behalf of the owners of the goods who provided the
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aforementioned sums in one of the banks agreed upon by the two parties, and these
amounts are reserved to ensure the fulfillment of the rights of the concerned parties in
Joint losses, and payments from these sums may not be disbursed or refunded to
whoever paid them without written permission from the settlement expert, without
.prejudice to the rights and obligations resulting from the final settlement
In the event of disagreement, the Judge for Provisional Matters shall appoint a (2)
representative on behalf of the owners of the goods, and the bank with which the sums are
.to be deposited

( Comparative Studies (8 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718097 

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Article 333

.Shared losses are distributed among all stakeholders in the cruise

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Article 334

The settlement of joint losses shall be carried out by one or more experts appointed by (1)
the concerned parties. If they do not agree, the judge of temporary matters shall appoint
him in the court in whose circuit the last port of discharge is located. If this port is located 
outside the Arab Republic of Egypt, the jurisdiction of the court in whose jurisdiction the
.port of registration of the ship is located
.Experts may seek assistance from others in performing their mission (2)

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( Comparative Studies (18 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718101 

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Article 335

If all concerned parties are not satisfied with the settlement, its purpose shall be upon the
competent court upon the request of one of them to approve it. If the court refuses to
.approve the settlement, it must appoint one or more experts to make a new settlement

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718103 

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Article 336

The master may refrain from handing over the goods that must contribute to the joint
losses or requesting their deposit unless the owner of them provides a sufficient
guarantee to pay his share of the losses, and if the two parties do not agree on the
guarantee, the matter shall be submitted to the judge of temporary matters for his
.assessment

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718105 

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Article 337

Debts arising from joint losses are excellent debts and this concession falls in relation to
the sums owed to the ship supplier on the goods salvaged or the price obtained from their
sale. As for the sums owed to the owners of the goods, the concession falls on the
salvaged vessel, its wages, and its aftershocks, and the expenses of settling joint losses -
.priority over other debts

( Comparative studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718107 

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
Article 338

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There is no solidarity between those obligated to contribute to the joint losses, however if
one of them is unable to pay his share in these losses, the unpaid portion shall be
distributed among the others in proportion to what is due on each of them in the joint
English
.losses
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( Comparative studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718109 

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Article 339

The lawsuit for participation in joint losses shall end with the lapse of two years from (1)
the day of the ship’s arrival at the port in which it was scheduled for arrival or at the port in
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.which the sea voyage was interrupted

The validity of the period referred to in the previous paragraph - in addition to the (2)
reasons stipulated in the Civil Law - shall cease to apply to the appointment of the
settlement expert, and in this case a new period of two years shall apply from the date of
signing the settlement of joint losses or from the date on which the settlement expert
.retired

( Comparative Studies (13 ( Precision Applications (1) (/data/ahkam/app/1/4821/1718111 

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Maritime Trade Law - Chapter Five - In Maritime Insurance - Chapter One - General Provisions

Article 340

The provisions of this chapter shall apply to the insurance contract whose subject matter
.is to guarantee the risks related to a cruise

( Comparative Studies (6 ( Precision Applications (6) (/data/ahkam/app/1/4821/1717839 

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Article 341

The insurance contract and all amendments that occur to it are not proven except in (1)
.writing 
The temporary document issued by the insurer is binding on both parties until the final (2)
.document is issued

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( Comparative Studies (10 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717841 

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Article 342

:The following information shall be specifically mentioned in the insurance policy (1)
.A) The date of the insurance contract, indicating the day and the hour)
.B) The place of the contract)
.C) The name of each of the insured and the insured and his domicile)
.D) Funds insured)
E) The risks covered by the insurance, the risks excluded from it, and the time and place)
.thereof
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.F) The sum insured and its premium)

.The insurance policy must be signed by the insurer or his representative (2)

( Comparative Studies (13 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717843 

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Article 343

.The insurance policy shall be in the name of the insured, his order, or its bearer (1)
.The insurance may be entered into for the benefit of an unspecified person (2)
The legal holder of the policy shall have the right to claim compensation, and the (3)
insured may protest against him the defenses that he may direct to the contracting party
.even if the insurance document was issued to his order or to its bearer

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717845 

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Article 344

In the event of reinsurance, the insured cannot adhere to the reinsurance contract
.concluded by the insurer

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717847 

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Article 345

It is permissible to insure all funds that are exposed to marine dangers, and it is not
English
permissible for him to be a party to the insurance contract or a beneficiary from it except
.for those who have an interest in the risk not occurring
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( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717849 

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Article 346

The insurance claim shall not be accepted if two months have elapsed from the date of (1)
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the insurance contract or from the date specified for the entry into force of the risk without
.the insured risk taking effect
This provision shall not apply to jointly insurance policies except in relation to the first (2)
.shipment

( Comparative Studies (4 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717851 

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Article 347

The insurer may request the annulment of the insurance contract if the insured (1)
provided incorrect data, even without bad faith, or was silent on providing data related to
the insurance, as this in both cases would result in the insured's risk being less than his
.reality
The nullification shall take place even if the incorrect statement or the silence on the (2)
.presentation of the statement have no relation to the damage caused to the insured thing
The court may, subject to all circumstances, judge the insured to the insured in the (3)
cases described in the two previous paragraphs, an amount equal to the insurance
premium if bad faith is proven on the part of the insured, or an amount not exceeding half
.of this premium if bad faith is removed

( Comparative Studies (11 ( Precision Applications (4) (/data/ahkam/app/1/4821/1717853 

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
Article 348

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The insured has to inform the insurer of the circumstances that arise during the validity (1)
of the insurance and that are likely to increase the risk that the insurer bears, within three
working days from the date of knowledge of them. If the notification is not completed on
English
.this date, the insured may terminate the contract
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If the notification was made at the time stipulated in the previous paragraph and it (2)
became evident that the increased risk was not resulting from the insured's action, the
insurance remains in effect in exchange for an increase in the insurance premium, but if
the increase in risk arises from the insured's action, the insured may either terminate the
contract within three Working days from the date of notifying him of the increased risk,
and either keeping the contract with the demand to increase the insurance premium in
return for the increased risk, and in the first case, the court - based on the insured’s
.request - may award him an amount equal to the insurance premium

( Comparative Studies (10 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717855 

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Article 349

The insured may request the contract to be annulled if the amount of the insurance (1)
exceeds the value of the insured items and fraud has been proven on the part of the
insured or his deputy, and in this case the court may judge the insured against the insured
for an amount that does not exceed the full insurance premium, taking into account the
.damages caused to him. No fraud is counted as valid by the value of the insured items
If the amount of the insurance is less than the real value of the items insured, then the (2)
.insured is not obligated except within the limits of the amount of the insured

( Comparative Studies (13 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717857 

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Article 350

The insurance contract concluded after the insured's destruction or after their arrival is (1)
null and void if it is proven that the news of the loss or arrival was communicated before
the conclusion of the contract to the place of signing the contract or to the place where the
.insured or insured is located
If the insurance is contracted on the condition of good or bad news, then it is not (2)
invalid unless it is proven that the insured had personally known before the conclusion of
the insurance contract that the insured thing was lost or that the insured knew personally
.before concluding the contract that this thing had arrived 
( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717859 

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Article 351

If the risk is insured in one contract from several insurers, each of them shall be bound by
the percentage of his share in the sum insured and within the limits of this share without
.any joint liability between them

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717861 

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Article 352

Except for the case of fraud, if the risk was insured by several contracts, whether they (1)
were concluded on one date or on different dates, and the total amount of insurance
mentioned in these contracts exceeds the value of the insured thing. Insurance contracts
are considered valid and the insured is permitted to recourse - within the limits of harm
and according to It does not exceed the value of the insured thing - on the one who
chooses it from among the multiple insurers, without joint cooperation between them, in
proportion to the amount of insurance that each of them is obligated to do to the real value
.of the insured thing
The insured who is requesting settlement of the damage he has suffered must declare (2)
to the insurer the existence of other insurance that he is aware of, otherwise his request is
.not acceptable
Each believer may refer to the other believers to claim each of them for his share of the (3)
damage in proportion to the amount he committed to, and if one of them is insolvent, his
.share is distributed in the same proportion to the wealthy believers
In the event that the insured's fraud is proven, each of the multiple insurance contracts (4)
is subject to revocation at the insured's request, and the court, upon ruling to annul the
contract, may award appropriate compensation to those who deserve it in a manner that
.does not exceed the total insurance premium

( Comparative Studies (15 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717863 

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Article 353 

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:The insured shall be asked about the following

A) The material damages that befall the insured things due to the occurrence of a)
maritime danger or an accident that is a force majeure if the danger or accident is
English
.something covered by the insurance
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B) The share of insured funds in joint marine losses, unless they arise from a risk)
.excluded from insurance
C) Expenditures spent due to an insured risk to protect the insured funds from material)
.harm or to reduce it

( Comparative Studies (9 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717865 

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Article 354

The insurer shall be asked about the material damage that is caused to the insured (1)
things through the fault of the insured or the mistake of his land subordinates unless the
insurer proves that the damage is caused by an intentional mistake or from a serious error
.issued by the insured
Without prejudice to the provision (Paragraph 2) of Article 377 of this law, the insurer (2)
shall be asked about the material damage that inflicts the insured objects by the fault of
.the captain or the sailors

( Comparative Studies (7 ( Precision Applications (7) (/data/ahkam/app/1/4821/1717867 

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Article 355

The insurer remains responsible for the risks covered by the insurance in the event that he
is forced to change the road, voyage, or ship, and if the change of the voyage or road is
not necessary, the insurer remains responsible for the accidents that are proven to have
occurred in part of the agreed-upon route, or the usual road in the absence of an
.agreement

( Comparative Studies (10 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717869 

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
Article 356

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Insurance does not cover dangers of civil or foreign war, acts of piracy, seizure, (1)
disturbances, revolutions, strikes, closures, acts of sabotage, terrorism, and damages
arising directly or indirectly from nuclear explosions or radiations of whatever cause,
English
.unless otherwise agreed
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Except as stipulated in Article 378 of this law, insurance does not include damages (2)
.caused by the insured objects to other funds or persons

( Comparative Studies (14 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717871 

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Article 357
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If it is agreed to insure the dangers of war, this insurance includes damage to the insured
items due to hostilities, retaliation, families, seizure, arrest, or coercion if they are caused
by governments or authorities, whether recognized or unrecognized, or due to the
explosion of mines and other war equipment even if not The war had not been declared or
.had ended

( Comparative Studies (11 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717873 

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Article 358

If it is not possible to know whether the damage was caused by a military or maritime
danger, it shall be deemed to have resulted from a maritime danger, unless proven
.otherwise

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Article 359

:The insurer shall not be asked about the following

A) The material damages arising from a personal defect in the insured thing or the)
insufficiency of its packaging or packing, taking into account what was stipulated in
.Paragraph (1) of Article 377 of this Law 
.B) The normal shortage of goods that occurs on the way)
C) Material damage arising from fines, confiscation, placing under guard, seizure, sanitary)
measures, sterilization, breaching the blockade, smuggling and engaging in a prohibited

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.trade
.D) Compensation due due to seizure and bail provided for lifting the seizure)
E) Damages that are not material damage directly to the insured things, such as)
English
unemployment, delays, price differences, and obstacles that affect the business process
Powered ByTranslate (Https://Translate.Google.Com) .that the insured undertakes

( Comparative Studies (14 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717877 

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Article 360

It is permissible to agree to exempt the insured from compensation for damage within (1)
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the limits specified by the contract, and the amount of the exemption shall be deducted
from the amount of compensation unless it is agreed that the compensation is fully due if
.the damage exceeds the limit of the exemption
In all cases, the exemption is calculated after deducing the normal deficiency that (2)
.afflicts the insured thing on the way

( Comparative Studies (4 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717879 

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Article 361

The insured is obligated to pay the insurance premium and the expenses at the place and
time agreed upon, and he is obligated to exercise reasonable care to preserve the insured
thing and to give a correct statement when contracting the circumstances in which he
knows which would enable the insurer to assess the risks that are being insured and to
inform him during The validity of the insurance on the increase in these risks within the
.limits of his knowledge of them

( Comparative Studies (8 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717881 

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Article 362

If the insured does not pay the due insurance premium, the insured may discontinue (1) 
the insurance or cancel the contract, and the suspension or annulment does not produce
its effect until fifteen days have elapsed after the insured was notified of the fulfillment and
notified of the suspension or termination of the insurance, and the excuse may be made by

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a registered letter Accompanied by an acknowledgment of receipt, telegram, or telex in the

last residence of the insured with his knowledge of the insured, and an excuse for
fulfillment and notification of suspending the insurance or canceling it may be made by
English
.one procedure
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If the insurance premium and expenses have not been paid, the notification of (2)
suspension of the insurance does not preclude the action of another notification of the
termination of the contract. (4) The effect of suspension or termination shall not apply to
the bona fide third party to whom the ownership of the insurance policy has transferred
before the occurrence of any accident and before the notification of the suspension or
termination, and the insurer may, in the event of an accident, cling to the third party for the
.set-off as much as the due premium
In the event that the contract is discontinued, the insurance will return to the (3)
production of its effects after the lapse of twenty-four hours after the payment of the
.premium and the expenses
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( Comparative Studies (8 ( Precision Applications (5) (/data/ahkam/app/1/4821/1717883 

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Article 363

Upon the occurrence of the insured danger, the insured must do everything in his power to
save the insured things, and he must take all measures to preserve the insured's right to
have recourse to the responsible third party, and the insured is responsible for the damage
.that the insured suffers due to negligence in carrying out these obligations

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Article 364

Damages shall be settled by way of compensation unless the insured chooses to leave the
insured thing to the insured in cases that the agreement or law permits him to follow this
.method

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
Article 365

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.The insured is not obligated to repair or replace the insured things

( Comparative Studies (7 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717889 

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Article 366

The insured has to pay the share of the insured things in the joint losses and salvage
expenses in proportion to the value of the insured things after deducting the special
.losses that the insured will bear, if any

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Article 367

Leaving the insured things may not be partially insured or conditional, and it is not
permissible to revoke it except with the insured's consent, and the abandonment entails
the transfer of ownership of the insured items to the insured and his obligation to pay the
entire amount of the insurance. In relinquishing the insured, and the insured may refuse to
transfer the ownership of the insured things to him, without prejudice to his obligation to
.pay the entire amount of the insurance

( Comparative Studies (10 ( Precision Applications (6) (/data/ahkam/app/1/4821/1717893 

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Article 368

The abandonment shall be notified to the insured by a declaration by the report or by a

registered letter accompanied by acknowledgment of receipt. The announcement must
take place within three months from the date of the insured's knowledge of the accident
that permits the abandonment or from the date of the expiration of the deadlines stipulated
.in Articles 383 and 392 of this law

( Comparative Studies (3 ( Precision Applications (6) (/data/ahkam/app/1/4821/1717895 

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Article 369

Upon notification of his desire to leave, the insured must declare all insurance contracts
English .he has undertaken or which he knows of their existence
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Article 370

If the insured, in bad faith, submits a statement that does not conform to the truth
regarding the accident and results in harm to the insured, then a judgment may be made
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.for him to forfeit his right to insurance in whole or in part

( Comparative Studies (2 ( Precision Applications (6) (/data/ahkam/app/1/4821/1717899 

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Article 371

The insured replaces the insured in all of his rights that arose in connection with the
.damages covered by the insurance within the limits of the compensation - which he paid

( Comparative Studies (5 ( Precision Applications (4) (/data/ahkam/app/1/4821/1717901 

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Article 372

.Each case arising from the insurance contract shall expire after the lapse of two years (1)
:This period is calculated as follows
.A) From the date of entitlement of the insurance premium in relation to the claim claim)
B) From the date of the accident from which the lawsuit arises in relation to the claim for)
.compensation for damages to the vessel
C) From the date of the ship’s arrival or the date on which it should have arrived, in)
relation to the claim for compensation for damages caused to the goods, but if the
accident was subsequent to one of these two dates, the period shall run from the date of
.the accident
D) From the date of the accident, in relation to the lawsuit demanding settlement of)

damages by way of abandonment, and in the event that a time limit is specified in the
contract to institute the abandonment lawsuit, the period shall run from the date of the

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.expiration of this period

E) From the date on which the insured performs the fulfillment in connection with a)
.lawsuit for contributing to joint losses or a lawsuit for claiming salvage expenses
English
F) From the date on which a third party institutes a lawsuit against the insured or from the)
date Powered
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the insured fulfills the fulfillment of his claim before the insured due to the
.recourse of others
Two years lapse of the lawsuit to recover the sums paid under the insurance contract, (2)
.and this period begins from the date of fulfilling the non-beneficiary
In all cases, the period is interrupted by a registered letter accompanied by (3)
acknowledgment of receipt or delivery of documents related to the claim or an expert
.delegate to assess damages, in addition to the reasons established in the Civil Law

( Comparative Studies (16 ( Precision Applications (2) (/data/ahkam/app/1/4821/1717903 

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Maritime Trade Law - Chapter Five - In Marine Insurance - Chapter Two - Special Provisions for Certain Types of Marine
Insurance - First - Ship Insurance

Article 373

The ship insurance contract is for one voyage, for several consecutive voyages, or for a
.specific period

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Article 374

The guarantee of the insured in the voyage insurance shall be in effect from the start of (1)
shipment of the cargo until the completion of its unloading, without in any case the validity
period of the insurance exceeding fifteen days from the arrival of the ship at the
.destination and the master announcing the ship's readiness to unload the cargo
If the ship is empty of cargo, the guarantee of the insurer shall be confidential from the (2)
.time it moves for the voyage until it is anchored in the intended place

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

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Article 375

If the insurance includes several successive trips, the place specified in the insurance
English
policy for the end of the last trip shall be considered as the place of expiry of the insured's
Powered ByTranslate (Https://Translate.Google.Com) .guarantee

( Comparative Studies (4 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717929 

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Article 376

If the insurance is for a specific period, the insured's guarantee includes the risks that
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occur on the first day of the period and the dangers that occur on the last day of it, and the
day is calculated on the basis of twenty-four hours starting from the hour of concluding
the contract according to the time in the place where the insurance contract was
.concluded

( Comparative Studies (8 ( Precision Applications (1) (/data/ahkam/app/1/4821/1717931 

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Article 377

The insurer shall not be liable for damages arising from the self-defect in the ship (1)
.unless the defect is hidden
The insurer shall not be liable for damages arising from intentional errors issued by the (2)
.master

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Article 378

With the exception of damage to persons, the insurer is obligated to pay compensation of
whatever type that is incurred by the insured before third parties in the event that the
insured vessel collides with another ship or collides with something fixed, moving or
.floating

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English
Article
Powered ByTranslate (Https://Translate.Google.Com) 379

If the ship’s insurance is for one voyage or for several consecutive voyages, the insurer (1)
.shall be entitled to the full premium once the risks insured come into effect
If the insurance is for a specific period, the insurer deserves the premium for the entire (2)
period of insurance, if the ship is completely destroyed or the insured decides to leave it to
the insurer and the loss or abandonment is a responsibility of the insurer, but if the loss or
abandonment is something that is not the responsibility of the insurer, he is not entitled to
The installment except the amount that corresponds to the period between the date of
entry into force of the notification and the date of the occurrence of the accident that led to
.the ship's destruction or the announcement of its abandonment
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Article 380

The insurer shall guarantee, within the limits of the amount of insurance, damages (1)
arising from every accident that occurs during the validity of the insurance policy, even if
.there are multiple accidents
It may be agreed that the insured shall have the right to request a supplementary (2)
.installment after each accident

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Article 381

In the event of settlement by way of compensation, the insurer is obligated to pay the
expenses of replacing the parts and repairs necessary to make the ship navigable without
the other compensation arising from the decrease in the value of the ship or its
.unemployment or any other reason

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Article 382

Without prejudice to the provisions of Article 349 of this law, if an insurance contract (1)
English
has been agreed on the value of the ship, it is not permissible to dispute it except in the
case Powered
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.this law
The agreed value includes the hull of the ship, the machinery that drives it, and the (2)
.attachments owned by the insured, including supplies and processing expenses
Every insurance, whatever its date, is made on the accessories owned by the insured (3)
alone, and in the event of total loss or abandonment, it results in the reduction of the
.agreed value equivalent to the value of these accessories

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Article 383

:The insured may leave the ship to the insured in the following cases (1)
.a) If the entire ship has perished)
B) If the expenses of repairing or salvaging the ship equal at least three quarters of its)
.value indicated in the insurance policy
C) If news of the ship is cut off for a period of three months after the arrival of the latest)
news about it, and the ship is presumed to be destroyed on the date of the arrival of these
.news
D) If the vessel suffers a damage that cannot be repaired or cannot be repaired due to the)
lack of the necessary material means for that in the place where the ship is located, unless
.it is possible to tow it to another place where the repair procedure is possible
If the insurance includes the dangers of war, the insured may use his right to leave the (2)
ship in the event of its capture, detention, or suspension based on an order from the
public authorities, if the insured is not able to recover the ship within four months from the
.date he notifies the insurer of the occurrence of the accident

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Article 384

The insurances made shall apply to several ships belonging to one supplier, as if each (1)
.ship of them belonged to a different supplier 
The goods and other funds owned by the provider in relation to the insured on the ship (2)
.are considered as if they were owned by others

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Article 385

If the ownership of the ship is transferred or the charter is not equipped, insurance (1)
continues by law in favor of the new owner or charterer, provided that the insurer is
notified of that within fifteen days from the date of transfer of ownership or from the date
of the lease, and the official holiday and the new owner are not counted in this date. The
lessee has the right to fulfill all the obligations that the insured had before the insured
.under this insurance
The insurer may request the termination of the contract within one month from the date (2)
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of his notification of the transfer of the ownership or the lease, and in this case the
.contract continues for a period of fifteen days from the date of the annulment request
The original insured remains obligated before the insurer to pay the due insurance (3)
.premiums until the date of transfer of ownership or the date of the lease
If the notification of the transfer of ownership or of the lease does not take place on the (4)
date stipulated in Paragraph (1), the insurance shall be deemed suspended from the date
of the expiration of this date, and the insurance contract shall return to the production of
its effects after the lapse of twenty-four hours after the notification occurred, and the
.insurer shall return the insurance premium for the Duration of contract discontinuation
The provisions of this Article shall not apply in the case of common ownership of the (5)
.ship, unless the transfer of ownership includes the majority of the shares

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Article 386

The provisions of Articles 373 to 385 of this law shall apply to the insurance contract which
is limited to the period of the ship’s presence in a port, berth, dry dock, or anywhere else,
.and these provisions also apply to insurance for the ship while it is in the building role

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
Maritime Trade Law - Chapter Five - In Marine Insurance - Chapter Two - Special Provisions for Some Types of Marine
Insurance - Second - Cargo Insurance

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Article 387

.Cargo insurance is made by virtue of a one-trip document or a subscription document

English
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Article 388

The goods shall be covered by insurance without interruption in any place where they are
.located during the voyage as specified by the contracting parties in the insurance policy
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Article 389

If the goods during the voyage are the subject of a land, river or air transport
complementary to this voyage, the rules of marine insurance shall apply during the
.aforementioned transport period, unless otherwise agreed upon

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Article 390

The amount of insurance on the goods may not exceed the highest of the following
:amounts
a) The price of purchasing the goods at the time and place of shipment or their current)
price at this time and place if they are not purchased, and the expenses of transporting the
.goods to the port of destination and the expected profit shall be added
B) The value of the merchandise at the time and place of arrival or on the date on which it)
.should have arrived in the event of its perishing
C) The sale price of the goods if the insured sold them in addition to the other sums that)
.may be agreed upon in the sale contract

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
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English Article 391

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The losses that occurred to the goods shall be estimated as the difference between their
damaged value and their sound value in one time and place, and the percentage decrease
.in value shall be applied to the amount of insurance

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Article 392

:The insured may leave the goods to the insured in the following cases (1)
a) If news of the ship ceases for a period of three months after the arrival of the last news)
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about it and the ship is presumed to be destroyed on the date of the arrival of these
.reports
B) If the ship becomes unfit for navigation and the operations of transporting the goods)
have not started in any other way to the agreed place of arrival within three months from
.the date on which the insured has notified the insured that the ship is not navigable
C) If the goods are destroyed or destroyed by at least three quarters of their value)
.indicated in the insurance policy
D) If the goods are sold during the voyage due to physical damage, when the damage)
.arose as a result of the occurrence of one of the risks covered by the insurance
If the insurance includes the risks of war, the insured may use his right to leave the (2)
goods in the event of the ship being captured, detained, or stopped by an order from the
public authorities, if the goods are not placed at the insured's disposal within four months
.from the date on which he notifies the insurer of the occurrence of the accident

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Article 393

If the insurance is concluded with a subscription document, it must include the conditions
under which both the insured and the insured are bound and the upper limit of the amount
that the insured undertakes to pay for each shipment and insurance premiums that the
insured pays. As for the insured goods, voyages, ships, and other data, they are
.designated with annexes issued on the occasion Each shipment is separately

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
Article 394

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In the subscription policy, the insured shall notify the insurer of the shipments mentioned
.below, and the insurer shall be obligated to accept insurance for them
A) All shipments carried out for the account of the insured or in implementation of)
English
purchase or sale contracts that oblige him to carry out insurance, and insurance includes
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automatically whenever they are exposed to the insured's risk, provided
that the insured submits the notification about them on the date stipulated in the insurance
.policy
B) All shipments carried out for the account of others to whom the insured has been)
entrusted to undertake insurance, on the condition that the insured has an interest in the
shipment in his capacity as commission agent or trustee of the goods or otherwise, and
.insurance does not cover these shipments except from the time the insured is notified

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Article 395

If the insured violates the obligations stipulated in the previous article, the insured may (1)
demand the termination of the contract immediately with payment of compensation
.equivalent to the insurance premiums for the shipments not notified of
If the insured's bad faith is proven, the insured may recover what he paid for accidents (2)
pertaining to shipments subsequent to the occurrence of the first intentional breach on the
.part of the insured

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Article 396

In all cases of cargo insurance, the insured must notify the insurer within fifteen days from
the date of delivery of the insured goods of the existence of damage, otherwise it is
.assumed that he received them intact unless the insured proves otherwise

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Article 396

In all cases of cargo insurance, the insured must notify the insurer within fifteen days from
the date of delivery of the insured goods of the existence of damage, otherwise it is
.assumed that he received them intact unless the insured proves otherwise

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Maritime Trade Law - Chapter Five - In Marine Insurance - Chapter Two - Special Provisions for Some Types of Marine

Insurance - Third - Liability Insurance

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Article 397

In the case of insurance to ensure liability, it is not permissible to refer to the insurer upon
English of the accident mentioned in the insurance policy, unless the third party
the occurrence
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The obligation of the insurer shall be within the limits of compensation that the insured is
.obligated to pay

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Article 398

If the subject of the insurance is from the liability to compensate for the damage caused to
others by the act of the ship in accordance with the provisions of Article 378 of this law,
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the insurance does not produce its effect unless the amount of insurance on the ship is
.not sufficient to compensate the damage

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Article 399

If several insurances are contracted to ensure liability, each insured shall be committed
separately for each accident within the limits of the amount indicated in his insurance
policy, even if there are multiple accidents, provided that the total sum of what the insured
.receives does not exceed the value of the damage resulting from liability

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Article 400

Whoever builds or repairs a ship may contract insurance to ensure his liability for
damages that occur to the ship or others during construction or repairs. Provisions of
marine insurance shall not apply to this insurance unless it is agreed that it will be
.effective

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report

Report of the joint
committee from the Constitutional and Legislative Affairs Committee and the offices of the
Transport and

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Communications and Economic Affairs Committees on a draft law issuing the

Maritime Trade Law
(Law No. 8 of 1990)
English
In its session held on January 14, 1990, the Council referred to a joint committee of the
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and Legislative Affairs Committee and the offices of the Transport and
Communications and Economic Affairs Committees, a draft law issuing the Maritime Trade
Law, so the committee held three meetings for consideration on the 6, 25 and 26 of March
1990, and he attended the first meeting Among them were Counselor Farouk Seif El-Nasr,
Minister of Justice, and Dr. Mohsen Shafiq, Professor of Commercial and Maritime Law at
Cairo University. The three meetings were attended by: Counselor Fathi Naguib, Assistant
Minister of Justice for Legislative Affairs, Atef Baroni, First Undersecretary of the Ministry
of Maritime Transport, and Adviser Mahmoud Samir Abdel Fattah at the Legislation
Department at the Ministry of Justice Mahmoud Imam Abd Rabbo, Director General of
Ports and International Agreements at the Ministry of Maritime Transport, representatives
of the government, was also attended by Dr. Samir Al-Sharqawi, Professor of Commercial
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.and Maritime Law at the Faculty of Law, Cairo University

The committee examined the draft law and its explanatory memorandum, and reconsidered
the maritime trade and commerce laws issued on November 13, 1883, the penal code
promulgated by Law No. 58 of 1937, the civil law promulgated by Law No. 131 of 1948, and
the Civil and Commercial Procedure Law promulgated by Law No. 13 of 1968. The
provisions of the laws issued complementary to the Maritime Trade Law, including Laws
No. 30 of 1975 in the Suez Canal Authority Regulation, 232 of 1989 regarding the safety of
ships, as well as international treaties and agreements in the field of maritime trade to
which Egypt joined, and the committee also recovered the minutes of the meetings of the
:Special Committee (* ) To review the bill, it is clear to her
-------- ------------------------------------------
Consistent with the approach that the Council committed itself to be careful in studying (*)
everything that is issued by it, believing that the duty of the project is required to evacuate
the text, and the judge does not carry an apartment to evacuate it. Forming a technical
committee to review the bill from the constitutional and legislative affairs committee
bureau body, the chairmen of the transport and transportation committees, religious and
social affairs and endowments, some members of the council, specialists and experts in
.the field of maritime trade
The maritime trade in Egypt is regulated by the Maritime Trade Law issued on November
13, 1883, and the practical application of this law has revealed that its provisions are no
longer in line - decades ago - with developments in the field of maritime trade, as it was
established more than a hundred years ago. Not only that, but also because its provisions
did not deviate from the fact that it was an almost verbatim transcription of the second
book of the French Commercial Code issued in 1807 and this last law was nothing but an
echo of the French maritime legalization issued in 1681 called the Sea Order, a codification
that was only a compilation The rulings of the groups written before, namely the rules of O
Liron, the Sea Consulate Group, the Weissy Group, and the Sea Guide, which are groups
that were written about the maritime customs and customs that prevailed in the era from
the twelfth century to the sixteenth century, and whose effects extend to the maritime
customs and traditions that It arose out of ancient civilizations in the ages of BC and the 
.first centuries AD
If this indicates anything, then it indicates that the truth of the objective provisions on

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which the Egyptian Maritime Commercial Law was based was not derived from the reality
of the era in which it was issued in 1883, but rather it reflects the world of maritime trade in
the centuries from the twelfth to the sixteenth, that is, we are still We apply to the maritime
activityEnglish
in Egypt - at the end of the twentieth century - a law that goes back to the
Powered ByTranslate (Https://Translate.Google.Com) .seventeenth century
According to the committee, to indicate in this regard that some of the texts of this law are
not of them that live with our contemporary reality, as Article (1) of it applies to the fact that
“it is not permissible for him to be the owner of all ships carrying the Ottoman flag or
some of them, nor be a member of any company to operate Ships carrying the
aforementioned flag except for those who were subjects of the upper Ottoman Empire.
”Article (20) states that after the third call, the sale takes place to the last bidder, whose bid
is more than others when the burning candles go out at the start of the auction as usual, in
addition to the provisions dealing with the matter of pirates Sea and preventing trade from
.a country
-------------------------------------
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As well as some jurists of maritime trade law in maritime universities in Egyptian

universities and Fadela The Mufti of the Republic, the Secretary General of the People's
Assembly, and representatives from the Ministries of Justice and Maritime Transport, for a
.preliminary study of the project before submitting it to the Joint Committee
The technical committee held six meetings to consider the project headed by the chairman
of the council on January 24, 7, 14, 20, 21 and 28 of February 1990, attended by the
Minister of State for People's Assembly and Shura Council Affairs, and most of these
meetings were attended by the two ministers of transport, communications and maritime
.transport. And justice
Thus, the provisions of this law go far from the spirit and realities of the twentieth century
in its first decades, and if this century approaches the end of its last decade, the flat of the
dimension becomes an absence, and the separation between the spirit of its rulings and
the spirit of the age is a break and a break with no connection or contact in it, for the
:following reasons
The maritime law The French, from whom the provisions of the Egyptian Maritime Trade -
Law were quoted, has dealt with many amendments that included most of its provisions,
the last of which was the legislation issued in the years from 1966 to 1968 at a time when
no significant amendments were made to the Egyptian maritime regulation until today, and
.some of its provisions still talk about ships that Sail
Although most of our legislations - if not all - have changed, and from these legislations -
that were not dealt with by the hand of change and development remained the existing
maritime trade law - promulgated in the last century - whose texts no longer keep pace
with or keep pace with the astonishing developments that occurred in the twentieth
century, especially In the last decade of it, and that in various fields as a result of the
recent scientific discoveries or inventions that the human mind sprang from that affected
all aspects of human life in all parts of the world as a whole, which resulted in the
development of the concept of maritime trade and the arts of maritime navigation itself and
the means upon which it is not It is the ship that is the basis and the support tool for this
navigation. Small ships are made of tree trunks or otherwise and go by oar depending on
the power of man or by the propulsion of the wind. Electronic control that is used in its 
driving and movementsAnd its confrontation with the dangers to which it is exposed, in
addition to the rapid means of communication provided with it, in addition to the fact that

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.its loading and unloading is carried out by modern means that were previously unfamiliar
In the Egyptian presence as a result of its ambitions towards construction and
development within the framework of its policy of openness to the world that it pursues by
English
giving and taking, which requires it to work on the prosperity of its maritime trade, whether
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is related to world trade with each other or its trade with Egypt itself. It goes
without saying that this requires attention to Egyptian maritime affairs and maritime
transport affairs, whether with regard to the means or persons of this navigation, or with
regard to the contracts in which it is conducted, or in relation to the maritime accidents to
.which it is exposed
Egypt has carved this trend and its merchant fleet is increasing day by day as the state is
working hard to support and strengthen it, so that Egypt is able to carry out its maritime
trade business through its own ships, which requires the provision of the appropriate legal
environment that is achieved in uncovering adequate legislation that is compatible with
.maritime revival. Modern for the Egyptian merchant fleet
Maritime navigation has become, at the present time, the main basis of communication
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between countries, because of its great importance in increasing the movement of trade
exchange between them. Through it, commodities are traded all over the world, in addition
.to the many services they perform in the field of tourism
The Egyptian legislator tried to reform the provisions of the existing law as much as -
possible by issuing several legislations either complementing the provisions of this
regulation or filling its deficiency, for example the laws related to the safety of ships or
their registration or the maintenance of security, order and discipline therein, or regarding
the regulation of the affairs of masters. Navigation officers and marine engineers in
merchant ships, or organizing the affairs of merchant marine crew members, maritime
work contract, and port pilotage, or with concession rights and maritime mortgages,
.coastal maritime transport, marine disasters and marine debris
In addition to these legislation, the numerous laws issued with the approval of many
.international maritime institutes
It is clear that the legal relations in the field of trade and maritime transport in Egypt now -
and for a long time now need to be completely reformed, which requires the enactment of
new legislation to replace the existing law that is in line with Egyptian developments in the
.field of maritime trade and international treaties that have been concluded in this regard
This led the government to make many attempts to amend the existing law for nearly sixty
years, and the first attempts to develop it were when the General Assembly of the mixed
Court of Appeal submitted a memorandum to the Minister of Justice calling for this
development to be carried out quickly in line with what was found at that time in the field
of navigation and maritime transport. So, in 1932, the Ministry of Justice formed a
committee to prepare a draft law on maritime trade, and this committee prepared a
preliminary draft in 1935, then successive committees to review it, and this ended with a
.final draft in 1951, but it was not able to be issued
A committee was formed in 1958 to set up a unified project for maritime law for the unified
state between Egypt and Syria. The committee completed the development of this project,
but separation prevented its issuance. - Then a committee was formed to re-revise the
1964 draft and completed its work in 1975, and then this project was submitted to the
People's Assembly on March 19, 1978, and it was referred to the Constitutional and 
Legislative Affairs Committee, which formed a sub-committee emanating from it headed by
one of the committee's representatives and the membership of some experts, jurists and

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specialists in This area and representatives of the ministries concerned with maritime
trade. - This committee held several meetings to review the bill and before completing its
.work, a decision was issued to dissolve the People's Assembly
English
Then a committee was formed again in 1962 and ended with a draft in 1964. Its provisions -
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latest developments in maritime legislation in different countries of
.the world

After the People's Assembly was reconstituted on June 23, 1979, the government -
.requested on September 4, 1979 to continue considering the bill
The Constitutional and Legislative Affairs Committee reconstituted a sub-committee to -
examine the project headed by one of its agents and the membership of some experts and
.jurists specialized in the field of maritime trade, and some scholars of Islamic law
The committee has considered the draft law and made many amendments to it that keep
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.pace with international agreements and treaties

On February 6, 1982, the government recovered the maritime trade bill, along with some
.other laws
In January 1990, the government referred the draft Maritime Trade Law to the Council. As -
.previously mentioned, the Council referred it to the Committee
:The bill contained four hundred articles, five chapters, as follows
.Chapter One - On the ship
.Chapter Two - Persons of Maritime Navigation
.The third chapter - the exploitation of the ship
.Chapter Four - In Maritime Accidents
Chapter Five - On Insurance. First - Its provisions are in line with the most important
modern scientific trends in foreign maritime trade legislation, especially the laws and
decrees issued in France in 1966 and later in relation to transport and maritime insurance.
Second - Observing the provisions of the draft provisions of international treaties in the
field of maritime trade to which Egypt has acceded, especially the London Agreement of
1976 on limiting liability in maritime claims, and the Hamburg Agreement of 1978 regarding
.the liability of the maritime carrier, within the limits appropriate to national legislation
:The philosophy of this project is summarized as follows

It is worth noting that Egypt has ratified these two agreements, and that the first of them
has entered into force, and the second has come close to doing so, and both of them
represent in the field of the latest trends in maritime legislation, as they were placed within
the framework of the new international economic order and in a climate of care for
.developing countries
Third - to ensure that the provisions of the draft law are consistent with the legislation of
Arab countries, with the aim of facilitating cooperation with these countries in the field of
maritime transport, and for this project to be a step towards unifying the basic rules of
.maritime legislation among Arab countries
Fourth - The draft intended its provisions to be limited to fixed basic rules. As for 
provisions of an administrative or technical nature, they make them a target for change
and amendment to keep pace with the rapid development in maritime technology. It left the

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matter of dealing with them to special laws or ministerial decisions, so that they have the
necessary flexibility to face changing circumstances. For example, the provisions relating
to the procedures for registering and controlling ships and the documents they carry, the
English
technical issues related to equipping the ship, the means of security and safety in it, the
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of the crew, and indicating the number of seafarers in each ship, all of which
are dealt with by their own laws or that there are draft laws regarding them on their way to
.promulgation
Fifthly - the project followed the economic policy produced by Egypt at the present time,
and the requirements of this policy to work on the flow of foreign investments into the
country, so it worked to facilitate the conditions of the ship’s acquisition of Egyptian
nationality by simply registering it in Egypt, and its ownership by a natural or legal person
.- enjoys according to the general rules With the Egyptian nationality
Sixth - With regard to the responsibility of marine agents and contractors, the project
abandoned the tendency to establish this responsibility on the idea of the supposed error,
based on a survey of the opinion of the Egyptian maritime agencies companies, all of
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which are public sector companies, which prefer to base the responsibility on the idea of
the error that must be proven. With this rule, the liability is completely and unlimited,
because determining liability is only granted against the assumption of error, and this is to
prevent an unfair preference for one of the parties to the interest at the expense of the
.other
Seventh - The legislator set short deadlines - ranging from one to two years - for the
statute of limitations arising from maritime contracts, with the stipulation that the statute
of limitations be interrupted for transport and marine insurance claims in settlement
negotiations or the assignment of an expert to assess damages so that the plaintiff’s right
does not lapse if negotiations are prolonged or expert procedures are prolonged. It takes a
.period of limitation
The project may change from this work the speed of settling disputes arising from
maritime contracts until the legal positions of their parties are stabilized and the claim of
rights arising from them is not slack for long periods in which the other party remains
.threatened by lawsuits that may not be able to gather their evidence
Eighth - The project concerned with the principles on which the judiciary rulings settled,
so it codified what was consistent with its philosophy and directions, such as the
responsibility of the marine carrier, the marine contractor, and some provisions of the
.ship's agent
Ninth - The draft did not regulate in its provisions the liability of the owner of a nuclear
.ship and pending the consequences of the future regarding commercial nuclear ships
Tenth - The draft excludes from its provisions the outdated maritime regulations from what
is contained in the existing law, such as piracy, abandonment, loans with high risk, and
outdated procedures regarding the sale of seized ships, and replaced them with new easy
.procedures
:In light of the foregoing, the draft law was prepared, including the following
The articles related to issuance stipulated the cancellation of the existing law and every
ruling that contradicts the provisions contained therein, as well as the permissibility of a
decision by the President of the Republic to amend the amounts stipulated in the matter of
.determining civil liability 
The President of the Republic shall also specify the competent minister and the competent
.administrative authority stipulated in the project

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Since the ship is the most important element of maritime navigation, the project was
concerned with it and devoted the first chapter to it and includes articles (1) to (77) in three
:chapters as follows
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A) Chapter one contains general provisions regarding the definition of a ship and its legal)
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it is movable money that is treated as real estate in some cases, such as
mortgaging the ship without transferring its possession to the mortgagee, recording the
in-kind rights that are returned to it, and not applying the rule of "possession in the
movable title deed" Contained concerning the transferred money in the civil law - then
after that how the ship acquires the Egyptian nationality on soft conditions that help it
acquire this nationality, and the flag that it may raise.In addition to regulating the use of
foreigners residing in Egypt for the cruise ships owned by them in the Egyptian territorial
waters, as well as limiting fishing, towing and piloting in the territorial waters to Egyptian
ships, and foreign ships may carry out any of these actions for a specified period of time
by a decision of the competent minister, as well as specifying the competent court to
consider In-kind lawsuits related to the ship, and the conditions to be followed regarding
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the actions related to the establishment, transfer and expiration of the right of ownership
and other in-kind rights on the ship, such as that it takes place with an official document
and the declaration of this document, and the draft also stipulated that the ownership of
the ship should not be transferred to a foreigner or leased to him for a period exceeding
two years except after obtaining With permission from the competent minister, in order to
.protect the Egyptian fleet
Some of the texts mentioned in this chapter also included the penalties that are imposed
.on those who violate the provisions contained therein
B) Chapter two of the draft deals with in the articles contained therein regulating the)
provisions relating to the in-kind rights on the ship, such as the right of ownership and
other in-kind rights that accrue to the ship, such as the right of maritime concession and
maritime mortgage, and the draft concerned, in the place of acquisition of ownership over
the ship, owning it while it is in the construction phase Special conditions for proving this
contract and the method of transferring ownership to the building requester and the
construction contractor's guarantee of the hidden defects that exist on the ship, and this
guarantee shall be canceled by the lapse of one year from the time of knowledge of the
.defect or by the lapse of two years from the time of receipt of the ship. the public
The project also paid special attention to regulating the common ownership that still exists
in maritime dealings due to the huge investment and the large expenses of exploitation in
this area, as decisions related to it were handled, whether in terms of its management or
the distribution of profits resulting from the exploitation of the ship and the distribution of
losses and exploitation expenses, as well as liability Regarding the debts arising from the
communal debt, and the right of each owner in the common to dispose of his share
according to the conditions set forth in the project, in addition to the most important
reasons for the expiry of the commonality, which is the sale of the ship voluntarily and
.compulsorily
With regard to the maritime concession rights and the maritime mortgage, the project
transferred its provisions from the international agreement for the unification of some
rules related to maritime concessions and mortgages signed in Brussels in 1967, with the
addition of the provisions that are compatible with Egypt and which this agreement left the 
matter of dealing with national laws, and its provisions regulated articles 29 to 58 Of the
project, and it has received the premium marine debts, their salary, what these debts are

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returned to and when they expire, how to complete the maritime mortgage on the ship, the
.duration of its rank, and the method of writing it off
C) Chapter Three of the draft includes provisions for seizing a ship, whether in relation to)
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precautionary seizure or executive seizure, in Articles 59 to 77, and it was stated in these
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articles that precautionary seizure is a maritime debt and is carried out by the order of the
competent court of first instance, as well as Determine this marine debt, as well as the
.payment of this seizure or the order to sell the vessel as a result of this seizure
With regard to the executive seizure on the ship, its provisions included how to sign it, the
procedures to be followed in its regard, and the period that is required to take it, and this
seizure must be based on a deed that must be executed in accordance with the general
rules and may be signed whether the debt is marine or non-maritime, unlike the
.precautionary seizure that may not be made. Except based on marine debt
The project excluded from the provisions related to this seizure the basic implementation
procedures included in the existing maritime law, such as the necessity to release the
seizure report in the presence of two witnesses, calling for the sale, and the method of
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hanging advertisements on the large mast, and keeping the auction open until the burning
candles are extinguished at the start of the auction, and the project aimed at this speed in
completing Attention procedures and removal of obstacles that may be encountered, and
.at that time notify the seizure to everyone concerned
The draft also includes a ruling that the work contracts of the captain, sailors and those
working on the ship shall expire whenever the seizure signed on it is sold, so that the new
.owner has the freedom to choose the workers who are comfortable with them
The draft dealt with in Chapter Two thereof, which includes four chapters containing -
articles from (78) to (151) persons who are considered the backbone of maritime
navigation and on their shoulders the burden of organizing the management and operation
of this navigation falls, and they are the owner of a ship, its supplier, the captain, sailors,
:contractors and maritime agents , As follows
A) The first chapter in the provisions stipulated in it regulates the responsibility for the)
exploitation of the ship by its owner or supplier, as well as their responsibility from the
actions of the persons who work on the ship, and from the obligations entered into by the
master in matters related to it, and the draft took into account in this regard the provisions
of the international agreement concluded in the city of London in November 1976, and
moving along with this agreement necessitated a change in the field of liability for the in-
kind surrender system taken in the existing law to a system for determining liability in
.maximum amounts
With regard to the owner's responsibility for the actions of the captain, sailors and other
persons who work on the ship, he is to be asked about it according to the rules of default
whenever it occurs from them during the performance of their duties. As for the
obligations arising from the contracts that the captain concludes within the limits of his
authority, the owner is asked about them according to the liability rules Streptococcus.The
owner may specify his liability, whether in relation to contractual liability or tort liability,
and the project has identified, exclusively, the debts for which liability may be determined,
and among these debts are those that arise from them as a result of physical damage and
material damage that occurs on board the ship or related to the conduct of maritime
navigation or the operation of the ship The project has derived this provision from the 
international agreement on determining the liability of the shipowner, but in this regard it
distinguished between two cases, the first of which is the obligation to work with the

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provisions of the responsibility of the carrier alone whenever there is a transport contract,
whether the carrier is the owner of the ship or not, and in the second, the responsibility of
the owner It is the one that is applicable when there is no contract of carriage, and it is
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.permissible to adhere to the limitation of liability
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The bill also indicated the debts in which the liability may not be determined, such as
floating or salvaging the sunken ship, and other debts mentioned in Article 82 of the
.project
The project included how to set the maximum liability and distribute the amount to be
judged in such a matter, and to deprive the owner from determining liability when the
plaintiff proves that the damage arose out of his bad faith, in addition to the statute of
limitations of the liability lawsuit against the owner after the lapse of two years from the
date of the occurrence of the contract giving the liability and stating the reasons for
Interruption of this period. The project also permitted specifying liability for the ship
operator, whether equipped or exploiting it, in addition to this being applicable in the event
.of the responsibility of the captain or seafarers
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B) The second chapter deals with the provisions related to the captain of the ship,)
whether in terms of explaining how he is appointed and dismissed, or his leadership of the
ship or the authorities delegated to him under the project, as he is the documenter and the
trustee of the system in the ship and the one in charge of all inferences, conducting
investigations and ordering the reservation, and the legal representative of the supplier in
the procedure The works necessary for the ship and the voyage, as well as the
administrative duties that fall upon him, in addition to the special powers that are granted
to him and enable him to take exceptional measures in the event that he faces emergency
conditions that require taking such measures. It is also the responsibility of the captain to
.preserve the ship, its cargo, and the safety of the persons on it
C) Chapter Three includes the provisions relating to the sailor and the maritime work)
contract, and in it the definition of the seafarer is that he is the person who is bound to a
maritime work contract, whatever the nature of the work he performs on the ship, as well
as the provisions for maritime permissibility and the license to practice work on the ship,
. .which the seafarer must carry
This chapter also deals with the definition of the maritime work contract and its
characteristics, while applying the provisions contained in the labor and social insurance
laws to the seas, in order to ensure that marine workers benefit from the benefits
established in these laws as well as the need to empty the maritime work contract in a
written document, and it is noted that writing here is not a requirement Correctness, but a
condition of proof, and the seafarer alone has the right to prove it by all means of proof, in
.order to protect and protect the interests of the maritime worker
This is in addition to the duties that the sailor is bound by in the performance of his work.
And the employer's obligations to pay the seafarer's wages according to the terms of the
contract or maritime custom, provide food to the sailor and ensure his stay during travel
free of charge, or treat him if he is injured while in the service of the ship, and pay the
sailor's burial expenses if he dies while in the service of the ship, whatever the cause of
death, or return the seaman to The homeland if something happened during the travel that
.necessitates unloading from the ship
The draft also dealt with the reasons for the termination of the maritime work contract, the 
expiry of the lawsuits arising from it after the lapse of one year from the date of the
contract expiration, as well as the penalty imposed on the employer in the event that he

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does not implement his obligations stipulated in relation to the seafarers and the maritime
.work contract
D) Chapter Four regulates the provisions relating to persons who do not work on board)
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the ship while it is at sea, but work on land and serve the purposes of maritime trade in the
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are marine contractors and maritime agents, whether they are an agent for
the ship or an agent for the shipment, both of which are common terms In maritime
.transactions
These provisions included that it applies to the business or contracts that they perform the
port law in which the work or contract takes place, and they may file their lawsuit against
the employer or the principal before the court in whose circuit the residence of the agent is
located because he does not bear the hardship of filing it before the court in whose circuit
the residence of the defendant is located. It also requires general rules. The lawsuit of the
employer or the principal shall expire before the contractor or the agent with the lapse of
two years. As for the lawsuit filed by the agent or contractor, its lapse is in accordance
.with the general rules
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The project also dealt with the functions of each of the ship's agent or freight forwarder
and the marine contractor and the responsibility of each of them before the owner or the
.principal
Chapter Three of the bill in Articles (152 to 291) regulated the provisions relating to the -
exploitation of the vessel. The exploitation of the vessel is one of the most important
issues on which the Maritime Trade Law is based. This chapter includes four chapters as
:follows
a) Chapter one deals with the provisions relating to the leasing of the vessel, whether it is)
equipped or not equipped, with specifying the obligations of both the lessor and the lessee
and regulating the relationship between them. The project stipulated that the contract for
this relationship be proven in writing. But he did not make this writing a condition of
.validity, but rather a condition of proof
The project also allows the lessee the right to exploit the ship in transporting people and
goods and subletting them, and in the case of subletting, the original lessee remains
responsible before the lessor for the obligations arising from the lease contract, and there
is no relationship between the lessee or the lessor, but the lessor may - an exception and
guarantee his rights - Recourse to this tenant within the limits of what is owed to him by
.the original tenant
The project also granted the ship charterer the right to withhold the goods on the ship and
.owned by the charterer to collect the fare and its attachments
The draft also included a ruling not presuming the renewal of the vessel's lease contract
after the expiry of its term, in contravention of the general rules and the justification for
this is that the ship owner often leases it before the end of the current contracts for it, so
.that the leases alternate without interruption
The project also regulates the leasing of the vessel not equipped, and an unequipped
vessel is one that is bare without seafarers, supplies or supplies, or whose equipment is
deficient, and for the charterer in the event of the lease of the vessel not equipped, the
.maritime administration and the commercial management of the ship
The lawsuits arising from the lease contract of the ship not equipped with the lapse of two
years from the date of its return to the lessor or from the date of its removal from the ship 
registry in case of its loss, and this applies to all lawsuits arising from the contract,
.whether from the lessor or the lessee towards each of them against the other

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The project also regulated the provisions for the rental of an equipped vessel, and the first
two cases include the leasing of a voyage or for specific voyages, and the second is the
leasing for a specific period, as well as the commitment of both the lessor and the lessee
English
towards the other, and the lawsuits arising from the vessel lease contract equipped with
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lapse of two years from the date of the end of the contract or voyage
B) Chapter Two includes the provisions of the contract of maritime transport in the quality)
of (the transport of goods and the transport of people, and the draft in respect of them
followed the latest international trends, as it used in the field of transporting goods the
provisions of the United Nations Convention on the Carriage of Goods for the year 1978
(Hamburg Rules), which was developed to replace The treaty on unifying some of the legal
rules related to bill of lading concluded in Brussels and agreed to by Egypt in 1940 and
.amended by the Brussels Protocol issued in 1968
The project transferred from this agreement the provisions governing the responsibility of
the carrier in a way that achieves serious protection for the shipper, in contrast to the
Brussels Treaty, which prevailed in its provisions towards the carrier, the container
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transport system, the regulation of legal relations in the case of a contracting carrier and
an actual one, and the amendment of the jurisdiction provisions to facilitate the parties to
.the transport contract Sue each other before regular courts or arbitration tribunals
As for the transfer of persons, the draft took into account the provisions related to it with
the modern international trends included in the Athens Agreement concluded in 1974
The provisions contained in the draft included a definition of the maritime transport
contract, using the basic obligations that the contract establishes on both parties, such as
the obligation of the carrier to transport, and the obligation of the shipper or traveler to pay
the freight, and it was stipulated that the contract be drawn up, and this condition is a
proof condition and not a validity condition. The project is also concerned with specifying
the scope of application of the provisions of the transport contract, the bill of lading and
the data contained therein, its conditions, form, manner of circulation and its authority, in
addition to defining the obligations that fall on the shipper and the obligations that fall on
.the carrier in the implementation of the transport contract
The project gave special attention to the responsibility of the carrier, and introduced in this
field a liability regime different from the system adopted by the Brussels Agreement of
1924, which was biased towards transporters by enabling them to evade responsibility by
hiding behind a plethora of defenses and exemptions, especially the exemption for the
navigation error that It was misused at work until it became a haven for carriers whenever
the doors of defenses and other exemptions were blocked in front of them, and shippers
became crowded with it until the new agreement came at the Hamburg conference in 1978,
which satisfied the carrier countries and the shipper states, and the draft used the
provisions of this last agreement in the field of the carrier's responsibility to keep pace
Global and convinced that its provisions are consistent with Egypt's interest as a truck
.country
The responsibility of the carrier - as stated in the draft - entails his guarantee of
destruction and damage, meaning that the liability is the principle and its existence does
not need to be proven, and its denial is an exception that requires the establishment of
evidence, and the scope of the time application of this responsibility is limited to the
period between the delivery of the goods to the carrier in The port of discharge, either 
before or after this period, the responsibility of the carrier here is in accordance with the
general rules. The draft also regulates some exemptions from which the carrier benefits,

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and sets a maximum limit for this liability in order not to overburden the carrier, and it is
permissible for the carrier to adhere to the provisions for exemption from liability and
define them on the condition that it proves that the act he committed took place while
English
performing his job or because of it, and the limitation here is not related to contractual
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The responsibility according to the provisions of the bill is based on the idea of the
supposed error, so that the plaintiff only needs to prove the damage, so the carrier’s error
and the causal relationship between the error and the damage are assumed, and the
carrier may distance himself from responsibility on the basis that he and his followers
have taken the necessary measures to prevent the occurrence of the accident, and that the
.damage has arisen. For a foreign cause such as force majeure or self-defect of the goods

The draft included an agreement to exempt the carrier from liability, limit it to less than the
maximum limits, or modify the burden of proof thereof. It is also permissible to agree to
increase the maximum limits for compensation. The carrier is also prevented from
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determining liability if the shipper proves that the damage resulted from an act or omission
issued by the carrier with the intention of causing the damage (which is fraud). The draft
also concerned with organizing the lawsuits arising from the contract of transporting
goods by sea and specifying their terms and conditions, as well as specifying the courts
for hearing the cases arising from the contract of transporting goods by sea, and the rules
.and place of arbitration
Then the project regulated the transfer of people, its conditions, and the obligations of
both the carrier and the traveler, and also specified the blood money that will be imposed
on the carrier in the event of the death of the traveler or his injury to a sum that does not
exceed an amount of one hundred and fifty thousand pounds, and it is permissible to
agree to increase this amount, as well as its conditions and the provisions related to it.
The committee found that the amount of the blood money is consistent with what the
Islamic Sharia has decided in this regard, as the blood money is fixed at a thousand dinars
.of gold, equivalent to one hundred twenty-seven thousand pounds
The bill also regulated the provisions for free transportation, as well as the transportation
.of travelers' luggage and the requirements taken in its regard
C) Chapter Three includes provisions related to towing inside and outside ports, including)
that the towing operation inside the port be administered to the captain of the towing
vessel who issues instructions to the towing vessel, and accordingly, the towing vessel is
responsible for the damages that arise from the towing process, whether the damage
occurs to the tugboat or To third parties, and this responsibility is based on the idea of the
presumed error, and it will cease if the supplier of the towed vessel proves the foreign
cause such as force majeure or the action of others or the fault of the tugboat. This
.provision may be modified by express agreement
As for the towing outside the ports, the management and responsibility of the tugboat
.rests
Also, the liability system established by the project in the case of tugging does not work
.with it unless the damage occurs only during the implementation of the operation
The lawsuits arising from tugging - whether by one of the two parties or from a third party -
.lapse after two years from the end of the towing process 
D) Chapter Four regulates the provisions related to pilotage, and the draft has assigned)
everything related to the administrative and technical aspects related to guidance to

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special laws and decisions, with attention to legal matters alone, such as appointing the
captain's authority while the pilot is on the ship, organizing lawsuits related to pilotage, as
well as defining the areas in which Piloting in it is compulsory in Egypt, in addition to the
English
responsibility of the ship supplier for the damage that occurs to others due to the guide’s
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the piloting process, and the supplier may refer to the pilot
.according to the error that arose from him
In Chapter 4 of it, the draft dealt with the provisions related to maritime accidents and it
was organized by Articles 292 to 339. This chapter includes three chapters: the first is
:related to collision, the second to rescue, and the third to marine losses, as follows
A) The first chapter deals with a review of the accidents to which the ship is exposed and)
the provisions of the collision, the scope of its application, then the provisions of liability
for damages that result from the collision, and this liability is based on the idea of error
that must be proven as well as how to prove the error and the causal relationship between
the error and the damage. Then the rule of responsibility if the accident occurred with
force majeure, in addition to the provisions of liability arising from the collision due to the
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.guide's mistake
It also dealt with some provisions imposed by humanitarian considerations and maritime
etiquette, as well as jurisdiction to hear cases arising from collision. The draft derived
these provisions from the texts of the 1952 Brussels Agreement regarding the unification
.of some rules of civil jurisdiction in the means of maritime collision
The bill also included the expiration of the lawsuits arising from the collision with the lapse
.of two years from the date of the accident
The second chapter included "rescue". The project derived this name from the Anglo-
Saxon legislation, in contrast to what Egyptian jurisprudence used to call it aid and rescue,
.because rescue is the outcome of the process that begins with aid and ends with rescue
The draft specifies the scope of application of the provisions of salvation, then its cases
and the provision of voluntary salvage and compulsory rescue. Then a statement of the
reward that is due on him or the expenses in the case of towing, then the estimation of the
reward and its distribution among the ships that participated in the salvage, and then the
principle of entitlement to the reward for rescuing people is regulated. The bill allows the
court to revoke and amend every agreement on salvation if it decides that its conditions
are unfair, and this is not a contradiction to the norm, as it is often in the rescue agreement
that the conditions of the contract of submission are met, so the provisions of Article 149
of the Civil Code apply to it. Then, explain the principles that the court must take into
account in assessing the reward and how it is distributed. The court may also reduce the
reward in the event of fabricating rescue or fraud. The lawsuits claiming a bonus or
expenses for salvage shall lapse with the lapse of two years from the date of termination of
.work
The draft also included the ruling that the jurisdiction to hear cases arising from salvage
and arbitration regarding them rests before the Egyptian courts. If the rescue took place in
.the Egyptian territorial waters, and both ships had Egyptian nationality
C) The draft dealt in its third chapter with the Marine Losses System, which is an ancient)
system in which the maritime custom was based on special rules compiled by some
international organizations concerned with maritime navigation in 1979, known as "York
Invers". The project made use of these rules, but did not transmit them in their entirety. 
Then the draft dealt with the provisions of what is acceptable and what is not acceptable in
joint losses, as well as the rules for settling them. Then the judgment that the loss-sharing

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.lawsuits shall lapse after two years

The project organized the provisions of joint losses, dealt with their sources and divided
them into two types: joint losses and special losses, and then defined the conditions for
English
considering the joint loss. As for the private loss, general rules shall be applied regarding
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borne by the owner of the thing or whoever spent the expenses,
provided that he has the right to recourse to the one who caused the damage or benefited
.from the expenses

Chapter five includes provisions for marine insurance and consists of two chapters -
containing articles from 340 to 400, the first of which is specific to the general provisions
relating to the conclusion of the insurance contract, the obligations of its parties and the
settlement of damage, and the second is specific to the provisions relating to some types
of marine insurance that are common in the work, which is insurance on the ship , Cargo
insurance and liability insurance. (A) The first chapter deals with the definition of marine
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insurance, and it requires that the marine insurance contract be proven in writing, as well
as the data included in the insurance policy and the determination of the form of this
:document. The draft also stipulates two important principles
The project has derived the provisions subject to insurance from the general principles in
the marine insurance contract and the solutions applicable to it, which were derived from
studying the most important insurance documents common in maritime transactions,
especially the Lloyd’s documents and other international agreements and treaties, as
:follows

The first concerns the validity of all funds exposed to marine dangers to be the subject of
marine insurance, and the second concerns the necessity of having an interest for the
insured and the beneficiary of the insurance in the absence of the risk so as not to benefit
from it in the hope of obtaining the amount of insurance, in addition to not accepting an
insurance claim if two months have passed from the date of Conclusion or from the date
set for the start of the risk, then organizing and terminating the insurance contract, where
the insured was permitted to request its annulment or termination in some cases, as well
as determining the obligations of the insured and his liability for material damage to the
insured thing and for the risks covered by the insurance in case of having to change Road,
voyage, or ship. Then he presented some examples of dangers that are not covered by
insurance except by special agreement, such as the dangers of war, revolutions, nuclear
.explosions ... and others
Then an explanation of the damages that the insurer is not liable for, the limits of
compensation that may be agreed to exempt the insured from, which is called (tolerances),
as well as the obligations of the insured and the effects of the insured's failure to pay the
insurance premium, and the settlement of damages when the risk against him occurs by
.way of paying compensation
In addition to regulating the provisions of settlement by way of abandonment, the draft
was derived from the French law issued in 1967, and also regulated the issue of legal
solutions to the insured who paid compensation in place of the insured in all the rights 
that arose after the accident. The bill also included the expiration of the lawsuits arising
.from the marine insurance contract with the lapse of two years

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B) Chapter Two has regulated the provisions for some types of marine insurance, which)
are ship insurance, cargo insurance, liability insurance and defining the forms of this
insurance, as well as exempting the insured from compensation for damage that results
from aEnglish
self-defect in the ship or from an intentional mistake of the captain. On the
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inclusion ofByinsurance, the responsibility of the insured before others for the damages that
occur from the collision, in addition to the insurance premiums due in the various forms of
insurance on the ship, and considering the entire amount of insurance as a guarantee for
every accident that occurs during the validity of the insurance even if there are many
accidents. As well as the cases in which the insured may leave the ship for the insured and
consider each ship a stand alone unit. The damages that may occur to it shall be settled if
the supplier has several ships and enters into special insurance for each of them with the
same insurer. Then the fate of the insurance when the ownership of the insured vessel
.passes to a new owner
Likewise, insurance on goods and a statement of the forms of this insurance, and the
ruling on the validity of an important principle requiring that the goods remain covered by
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insurance wherever they are during the voyage, as determined by the insurance policy.
And it is not permissible to increase the amount of insurance over the value of the insured
goods. Then how to estimate the value of the losses that affect the goods, and determine
.the cases in which the goods may be left to the insured
Then the subscription document must include the general conditions common to all
shipments, and set an upper limit for the amount that the insurer undertakes to pay for
each shipment, then distinguish between the shipments that are included in the
subscription document and the penalty that results from the insured's violation of the
obligation to notify the insurer of the shipments he carries, then Ruling on the obligation in
all cases of cargo insurance to notify the insured of the occurrence of damage within
.fifteen days from the date the insured received the goods
The project also regulated liability insurance, which is a modern system of insurance, and
stipulates that a basic principle applies, which is that the insured is not obligated to pay
compensation unless he directs a third party to the injury - a friendly or judicial claim - to
the insured, and then the judgment that each insured from each accident shall commit to
the aforementioned amount In the insurance policy, regardless of the number of accidents.
Likewise, it is permissible to carry out insurance to ensure the liability of those who build
or repair a ship for any damage that occurs to the ship or to others during construction
.and repair operations
The committee decided to introduce amendments to the texts of some articles of the draft
:law as follows
Adding the phrase “subject to the rules and provisions contained in the special laws” to -
the first article of the issuance articles, with the deletion of the phrase “as well as
canceling every provision that contradicts the provisions of this law” contained in its
inability, and the reason for this amendment is the presence of some technical and
administrative matters in the field of maritime trade And it is necessary to regulate them by
special laws, because they are subject to change and alteration, and it is not justified to
place them in a general law. These matters were regulated by special laws, and the
committee was keen to make this amendment to ensure that the provisions contained in
the private laws are applied when there is a conflict between them and the provisions 
.contained in the public law
As well as deleting the second article regarding the permissibility of a decision by the -

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President of the Republic to amend the amounts stipulated in the draft regarding the
determination of civil liability, because the legal rules and legislative consistency require
that the amendment of the law be based on a law and not according to a decision. If the
English
.need arises to amend these sums, this can be done according to a law
The numbering of the(Https://Translate.Google.Com)
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what is stated in the civil law of numbering the paragraphs contained in its articles, in
addition to that this approach leads to clarification of the paragraphs contained in the
.articles of the draft
Deleting the phrase “a ship is considered movable property” mentioned in the beginning -
of Article (4) of the draft, along with reformulating this article, because the ship is
inherently movable, and there is no need to stipulate this, so the phrase “considered
movable” indicates that the thing is not transferred but is considered as such.
.Metaphorically
As well as excluding Article No. (976) of the Civil Code from the ruling contained in the
.draft. The number of this article may change if the civil law is amended
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Replacing the phrase "another science" with the phrase "another science" mentioned in -
.Article (6), because the first phrase is more precise in wording than the second phrase
Repeat the text of Paragraph (1) of Article (8) to control the wording and clarify its ruling, -
and increase the penalty mentioned in Paragraph (3) of the same article by making it
imprisonment and a fine that does not exceed five thousand pounds instead of
imprisonment for a period not exceeding one year and a fine that does not exceed three
thousand pounds . The reason for this is so that the penalty is consistent with the violation
of the provisions mentioned in the article, and also so that there is no settlement in the
penalty between the one who comes to fish, tow, or guide in the territorial waters and
those who come for a picnic in our territorial waters in accordance with the provision of
.Article (7) of the draft
.Rephrase Article (11) to clarify the ruling contained therein -
Adding the phrase “unless it is proven that the construction contractor deliberately -
concealed the defect by fraud” to the defect of Article (16), so that the lapse of a year in the
case of guaranteeing hidden defects does not apply by the lapse of one year in the event
of fraud, as the ruling stated in this article requires. Handling the case of fraud according
.to the general rules and not to the provision contained in the project
Deleting the word "possessors" mentioned in the beginning of Paragraph (2) of Article -
.(18) because this word in it increases in relation to the provision in this paragraph
.Rearranging the paragraphs mentioned in Article (19) to make the text more clear -
Adding the phrase “unless otherwise agreed upon” to Article (21), in order to leave the -
owners of the communal freedom to agree on determining the percentage that they bear in
relation to the expenses of the communal and the loss, contrary to the provision
.mentioned in the article
Deleting the phrase "the condition of commonness ends with the sale of the ship by -
choice or by virtue" mentioned in the beginning of Article (26), and the reason for that is
the end of the state of popularity by selling without the need for a stipulation on that, in
addition to the impermissibility of talking about commonality except where ownership is in
place and if ownership is transferred then it is not Talk about the old common, and with
regard to the new commonality that results from the sale, it does not need the ruling of this 
.article, since it is governed by the general rules
Amending the wording of Article 29 in which the word "rights" was replaced by the word -

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"debt" contained in it, because it is the right that has a privilege and not the religion,
according to the civil law. As well as amending Clause (2) of the same article so that the
text includes all kinds of taxes and fees owed to the state or a public person for practicing
marine English
activity in addition to adding the word “pollution” to the text of Clause (5) of this
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has become a dangerous phenomenon. Which requires stipulation
.in this project
Replace the phrase “compulsory sale of the vessel” with the phrase “judicial sale of the -
vessel” mentioned in Clause (a) of Article (37), and the reason for this is so that the ruling
mentioned in the clause includes the administrative sale in addition to the judicial sale.
.Administrative, compulsory sale includes judicial sale and administrative sale
Adding the phrase "or picking it up or lifting it" to the text of Article 39, so that the -
competent maritime administration can seize the shipwreck in order to guarantee the costs
.of removing, salvaging or removing this wreck
Amending the wording of Article (41) after deleting the phrase "otherwise it would be -
void", because the writing condition in which the ship's mortgage takes place is a contract
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.condition and not proof or validity conditions

"Replace the phrase "waterways" with "sea lanes
Also in this article the phrase “or salvage or lifting” was added to Item (a), and the word
.(“pollution” for the reasons previously referred to when talking about Articles (29) and (39
Adding the word "permission" at the end of the text of Article 63, because it is permission -
.from the judge who decides to exploit the ship
The committee also decided to replace the word “to promise” with the word “considered” -
mentioned in Articles 86, 144, 207, 210, 211, 224, 228, 240, 256, 267, 310, 322, 323, 337 of
.the draft, as an explanation of what is meant
Amending the wording of Article (115) to allow the seafarer to prove the work relationship -
between him and the employer, whether a contract was drawn up in this relationship or
.not, in order to protect the worker
Amending the wording of Clause (2) of Article (123) to clarify his ruling regarding the -
payment of the advance to the wife of the seafarer or others who are related to the
.seafarer
"Add the phrase "in his own country
Adding the word "my writing" to the permission stipulated in Article 132, so that the -
dismissed captain is not obligated to leave the ship in a foreign port except upon written
permission from the Egyptian Consul or the local maritime authority, in order to protect the
.sailors
Amending the wording of the text of Article (148) so that the other additional work -
assigned to the marine contractor who carries out loading and unloading work has been
restricted to the material works related to the stevedoring operations without the works of
the maritime agency, in contradiction to the text of the article as mentioned in the draft,
which requires attribution Some maritime legal business as maritime agency business to
stevedoring contractor, although these activities should be limited to marine agents (ship
.(custodian and cargo custodian
The amendment of this article by excluding the works of the marine agency from the scope
of the stevedoring contractor's activity has resulted in the amendment of Article (151) of
the project in line with the amendment made in Article (148), and on the other hand, the 
stevedoring contractor may be exposed to heavy responsibilities when carrying out the
works The matter entrusted to him, the matter requires that the contractor benefit from the

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rules for determining the liability established for the maritime carrier of the goods
.stipulated in Article (233) of the project
Exclusion of the phrase “and telegram and telex” in the beginning of Article (153)
English
regarding proving the lease contract of the ship, because modern inventions may come in
a new way By
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telegram and telex in the field of writing, and these two methods
have now become less pictures, which requires excluding them from the text Contained in
this article and leaving the order proving this contract to the judge when a dispute is
.raised regarding proving it
Adding a phrase, without prejudice to the rules of negligence in the disability of Article -
(157), so that the lessor can refer to the sub-charterer to fulfill his rights for the damages
that he inflicts on the ship in accordance with the rules of tort because they have no
contractual relationship that allows the lessor to recourse to the sub-lessee by more than
.What is owed to the original tenant
Replacing the phrase "at any time" with the phrase "at all time" in Articles (189) and (190),
.because the first phrase is more precise in expression
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Adding the word "contract" to the text of Article (196) as a further measure of the -
.wording
Rephrase Article (204) to clarify its ruling regarding the bearer of the bill of lading or the -
.assignee, as well as the endorser to him
Rephrase the provision of Paragraph (2) of Article (210) to protect bona fide third parties -
regarding proof of contradiction to the evidence extracted from the bill of lading or other
.than the data contained therein
Replacing the phrase "in the period" with the phrase "in the period" mentioned in Article -
.(227), because the first phrase is more linguistic
Adding the phrase “or to his deputy or one of his subordinates” mentioned in the deficit -
of Article 229, so that the carrier is not exempt from liability arising from the loss or
damage of the goods if he proves that the loss or damage is due to a foreign cause that he
has no control alone in. Rather, he must also prove that This is why his deputy or any of
.his followers have nothing to do with it
Deleting the phrase “and the causal relationship between it and the loss or damage” -
mentioned in the deficiency of Article (230), because when the carrier proves that the data
that the shipper intends to mention in the bill of lading is incorrect, there is no need to ask
him to prove the causal relationship that led to the loss or damage of the goods, as long as
.It is proven fraud
To replace the phrase "an error occurred" with the phrase "a mistake was made" in the -
.failure of Article 232, because the first expression is more accurate
Replacing the phrase “or abstaining from an act” with the phrase “or abstaining from it” -
mentioned in paragraph (3) of Article (235) for the accuracy of the first meaning in
.clarifying the abstinence that leads to causing harm
Adding the phrase “or from one of his subordinates” to the deficiency of Article (241) for -
.(the aforementioned reasons regarding Article (229
Deleting the phrase “unless it is proven that the damage was caused by a fault of the
tugboat” mentioned in the failure of paragraph (1) of Article 279, as well as replacing the
phrase “by written agreement” with the phrase “by express agreement” in the head of
.paragraph (2) of the same article 
The reason for this is that the tugboat for work inside the ports is directly dependent on
the command of the captain of the towing ship, which requires that it not be held

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accountable for the damage it causes during the towing process and who is asked in this
regard is the supplier of the towed ship alone, in addition to the violation of the deleted
.phrase of the laws in force in the field of Diameter
English
Adding the word "borders" to the beginning of Article (280), because work in ports is not -
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only, but to the indicative area for them, and the towing process may
be related to extension outside the port, but it is in the area limited by extension, which
.requires adding the word "borders" before the word " Ports "mentioned in this article
Also, the phrase “unless it is proven that the damage arose from the fault of the tugboat”
was deleted from the failure of Paragraph (2) of this Article for the reasons previously
.(stated in relation to Article (279
Paragraph (2) mentioned in Article (286) related to the supplier's return to the guide to the -
extent of the damage that arose from the mistake that was issued by him, due to the
.aforementioned cause
The committee also considered making some verbal amendments to the texts of some -
.other articles of the bill in order to tighten and control the wording
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The committee approves the bill, and the honorable council requests approval, as
.amended, as attached

Print  Translation  ( Referred Legislation (7

note

The explanatory memorandum

for the draft maritime trade
(law (Law No. 8 of 1990
The Republic of Egypt has a prominent maritime center, as it is located on two seas that -1
have great commercial interest, and there is the Suez Canal that connects to Bahrain,
shortening distances and saving time, and its ports - especially the port of Alexandria And
Port Said Port - one of the most important ports that lead to international trade for
services. If the navigation in the Suez Canal was marred in the period between the end of
the sixties and the beginning of the seventies some kind of disturbance due to the wars
that occurred on its shores, then Egypt was able in the October War of 1973 to restore with
blood its sovereignty over the canal and to reopen it for international navigation and
prepare it to receive the giants of ships. With huge payloads, which is a feature of marine
.navigation in the present era
The experience that Egypt went through following the nationalization of the Suez Canal -2
Company and the political and economic events that occurred as a result of this
nationalization revealed the need to take care of the Egyptian merchant fleet by increasing
its units and providing them with the latest navigation equipment and providing a
sufficient number of specialists in ship leadership, guiding, towing, engineering, shipping
and unloading of goods and practicing Maritime agency business and other commercial
maritime arts. One of the most important manifestations of the state’s interest in this
navigation was the establishment of a Ministry of Maritime Transport, which plans it, works
to support the national merchant fleet, and provides it with the necessary specialists and 
sailors. These efforts bore the best fruits, as the number of ships plying the seas under the
flag of the Republic of Egypt increased, and their activity extended to distant seas sailing
Egypt's products to other countries, and accepting what Egypt needed from the products

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.of these countries

It goes without saying that this maritime activity and those of its hopes do not bear fruit
except within the framework of legislation that creates an appropriate legal environment
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for it and over which the provisions of international agreements related to maritime
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implemented to enable it to walk in the global knees that no country keen
.on the prosperity of its trade should lag behind
The maritime trade in Egypt has remained to the present day organized by the maritime -3
regulation issued in 1883 and transferred from the French Commercial Group issued in
1807. It is known that this group transferred its provisions related to maritime trade from
the previous legalization and the subject in 1681 by order of King Louis XIV. It is evident
that legislation was put in place to regulate maritime navigation on the day that small-sized
ships traveling by the force of the winds that were barely able to resist the turbulence and
the common seas are not suitable for organizing this navigation after the shipbuilding
industry developed, and new energies were used in its management and quick means of
communicating with it while in The high seas, and methods of loading and unloading, and
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other inventions that bring modern technology in the field of maritime navigation have
.been developed
When victory was achieved after the October War in 1973 and determination was -4
established to reopen the Suez Canal for international navigation and conditions were
created for economic openness, the government tended to think about preparing a new
project for maritime legalization, so the Minister of Justice issued Decision No. 241 of 1974
to form a committee for this purpose. Preparation of an integrated project that was
submitted to the Ministry of Justice in February 1975. The Ministry presented it to various
judicial, scientific and practical bodies concerned with maritime affairs, to seek opinion
and make observations. And when the large period appointed by the ministry to send
opinions and observations had expired, the committee met to examine what had been
.received from them and took some of them
The committee was keen to ensure that the draft it undertook to prepare reflects recent - 5
trends in global legislation, including the best solutions for Egypt's economic and political
conditions, and for this it was interested in reviewing many modern foreign legislation,
especially the laws and decrees issued in France in 1966 and later. Many foreign court
rulings without neglecting the solutions that the Egyptian judiciary settled on. As for
jurisprudence, the committee was guided by it in every matter that eluded it due to
ambiguity or ambiguity, and there is no room for mentioning the numerous jurisprudential
literature that the committee has sought, and it is sufficient for it to indicate that it took a
sound scientific approach regarding it, so it opened its chest for every opinion, regardless
.of who said it and regardless of which country He belongs to her by his nationality
The committee did not neglect the practical aspect, so it went into studying samples of -6
shipping bills, ship lease contracts and marine insurance documents, and explored many
desires from the institutions concerned with maritime transport, and sought the opinion of
what was available to it from specialists in maritime navigation, and determined from all
this what is being done in The Egyptian ports and the usual practice in maritime
transactions and what the Egyptian commercial fleet needs to protect it from the evils of
foreign competition, then the committee emptied the outcome of this research in the
project and deposited a spirit without which there would be only a theoretical edifice in 
.which there is no life
A number of attempts were made to complete the procedures for issuing the project, - 7

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but many obstacles prevented this hope from realizing, so the project remained stalled
until mid-1988 when the Minister of Justice, Counselor Farouk Saif Al-Nasr issued a
decision on the formation of a new committee whose task is to reconsider the project. The
English
precedent, but rather the coordination between it and the provisions developed in the
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national and international spheres in the maritime legislation. The committee completed its
.work and presented the accompanying bill
After the addition, deletion, and amendment introduced by the committee, the bill became
comprised of four hundred articles in five chapters: the first on the ship, the second in the
people of maritime navigation, the third in the exploitation of the ship, the fourth in marine
.accidents, and the fifth in insurance
The first door
in the ship
This chapter begins with the first chapter, on general provisions, followed by two - 8
.chapters, the first on real rights that accrue to the ship and the second to seize it
The general provisions include articles 1 to 12, and the first paragraph of the first article - 9
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defines the ship and highlights the elements necessary for it to be subject to maritime
regulation, stipulating that it normally works in maritime navigation or that it be prepared
to work in this navigation even if it does not seek profit. This definition resolved ancient
jurisprudential disputes that were raised over two issues: the distinctive characteristic of a
.sea vessel, and the nature of the purpose of its operation at sea
With regard to the first issue, the definition referred to ships that usually work in maritime
navigation, meaning ships that are exposed to the dangers of the sea, even if at the same
time they are carrying out non-maritime navigation on the side of the voyage that they
.carry out
With regard to the second issue, the definition did not differentiate between vessels
intended for profit and ships prepared for excursion - such as yachts and others - so the
.two types were subject to the law
The second paragraph of the article considered the ship's accessories necessary for its
exploitation, such as devices, machines and lifeboats as part of it, and its ruling applies to
.him
As for the second article, it excludes two types of ships from the provisions of the law: -10
.warships
Ships designated by the state or by a public person for public service and for non-
commercial purposes .... It is not necessary to exclude these ships that they be owned by
the state or a public person, but it is sufficient to allocate them for public service and non-
.commercial purposes even if the state or a public person is a charterer or borrower
It is clear in the concept of violation that the provisions of the law apply to ships that are
exploited by the state or a public person for a commercial purpose, so that the position of
these ships is like the situation of ships that are exploited by private persons, and the
equality between ships that are designated for purposes of whatever the capacity of the
exploiter is a matter that justifies fair competition and the need to encourage the private
sector to Demand for marine exploitation. It is also clear from the beginning of the text that
ships that are designated by the state or assigned by a public person for public service
and for non-commercial purposes may be subject to an exception to the provisions of
rationing if there is a provision requiring that. In the provisions on collision (Article 293) - 
.and rescue (Article 303) are examples of this exception
The third article excluded some issues from the scope of the project, although they are -11

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related to maritime regulation, they are of an administrative or technical nature that makes
them a target for the frequent occurrence of amendments to them to keep pace with the
rapid development witnessed in maritime technology, so it was decided to base their
English
regulation on special laws. The text specifically mentioned issues of ship registration,
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.control, safety, and the documents they must carry
The fourth article dealt with one of the most important issues of the maritime trade law, -12
which is the nature of the ship as perfection, so it considered it a movable property on
which the general provisions contained in the civil regulation are based on this type of
money, but it also imposed on it the “rules mentioned in this law,” that is, in the rationing
Bahari, which are separate rules that deal with the ship in the treatment of real estate, so it
permits its mortgage without transferring its possession to the mortgagee, and it requires
registration of the real rights that it owes. And its reservation is subject to procedures
close to the real estate reservation procedures. The second paragraph of the article added
the exclusion of the rule of "possession in the movable title deed", which is a traditional
solution that is stable in all legislations because the ship is transported of a special type of
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great value and plays an important role in the national economy. Moreover, the transfer of
its ownership requires the work of an official editor and then registering it to protest it.
.Both others are a procedure that precludes the application of the said rule
The fifth article showed how a ship acquires the Egyptian nationality, and the project, -13
while searching for an officer of this nationality, did not want to adopt the idea of national
construction, because the shipbuilding industry in Egypt is still lacking in meeting the
country's need for a large commercial fleet and for this the project saw the use of the
national ownership officer The requirement for the ship to be registered in an Egyptian
port and to be owned by a person - natural or legal - enjoying the Egyptian nationality and
in line with the policy of economic openness. The project did not require the ship to
acquire Egyptian nationality the availability of a certain Egyptian percentage in the
company's management or in its capital, leaving that to special laws issued when required
Circumstances need it. The project excluded from this trend the case of common
ownership, as it required that the majority of the shares be owned by Egyptians due to the
common nature and the small amount of maritime navigation carried out by ships owned
.in this way
Article Six mentioned some of the duties that fall on the shoulders of a ship that enjoys -14
the Egyptian nationality. It is obligatory for it to raise the Egyptian flag exclusively, taking
into account what is required by marine custom in this field, taking a name, and
designating the total and net cargo. The project left the organization of these duties to
.special laws or decisions
.The article added the appropriate penalty for breaching these duties
The seventh article referred to the conditions that must be met for the use of pleasure -15
vessels owned by foreigners in Egyptian territorial waters and the penalties for violating
.these conditions
Article Eight established some privileges for ships with Egyptian nationality, limiting -16
fishing in the territorial waters, towing, pilotage in Egyptian ports, and coastal navigation
to them. However, the text did not close the door to foreign ships, so the competent
.minister was authorized to grant them licenses to carry out one or more of these works
In this exception, it was noted that it would facilitate the use of foreign expertise and 
capabilities whenever the need arises. It should be noted that the tugging or pilotage
limited to Egyptian ships is not only related to operations that take place inside Egyptian

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.ports, but also includes operations that occur in lakes and waterways in Egypt
The first paragraph of Article 9 affirmed a principle established in international law, -17
which is that ships are considered an extension of the territory of the state flying its flag.
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This principle has a special importance in terms of specifying the law that is applicable to
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that take place on the ship. The draft has specifically mentioned
crimes, so it is considered that what falls on the ship is as if it had occurred in the territory
.of the country whose flag the ship flies, and then its national law applies to it
The second paragraph of the article referred to maintaining order and discipline in
Egyptian ships without laying down detailed provisions in this regard, leaving the matter
.to the special laws
The tenth article places the jurisdiction to hear cases in kind related to the ship to the -18
court of first instance in whose circuit the ship registration office is located, unless there
is a special provision that makes the jurisdiction of another court. Although this
jurisdiction is of the central type, it is related to the public order, because it is noticeable in
it that the court in whose circuit there are documents pertaining to the ownership of the
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ship or the real right resulting from it, which makes it more capable than others to
.adjudicate the aforementioned cases with the desired speed
Article 11 relates to how the right of ownership is created, transferred and expired, with .19
other rights in rem on ships. So the first paragraph stipulated that these actions should
take place with an official document, which may be an official contract or a ruling that
possesses the power of the decided thing, and it regulated how the official document
should work when the disposition occurs in a foreign country, and the second paragraph
dealt with an important legal issue, so it stipulated that the aforementioned actions against
the right of others be effective It became famous for its registration in the ship registry. It is
noted that registration is a condition for the enforcement of the disposition of the right of
others only, but among the contracting parties the official document suffices, and it is a
solution that differs from what is happening in the matter of real estate where registration
is necessary to protest the disposition between the contracting parties and with regard to
both, and the project has deemed the introduction of this compromise solution to facilitate
For dealing and avoiding to add to it, there is no formal requirement for the editor who
.empties the disposition
Since the national merchant fleet is one of the components of national wealth, and the -20
state resort to it in times of adversity to transport armies, ammunition and supplies, its
preservation is a matter that concerns it in the first place, and the duty of legislation is to
enable it to prevent its dispersal or its transfer to unfamiliar hands over the country's
interests. For this reason, the first paragraph of Article 13 prohibited the transfer or leasing
of the Egyptian ship for a period of more than two years to non-Egyptians except after
obtaining a special permission from the competent minister, so that the matter is always in
the hands of the government, granting or denying permission according to the national
interest. The second paragraph added the appropriate criminal penalty for violating this
prohibition. As for the civil penalty, the draft did not find a need to stipulate it, because the
.prohibition is related to public order, so violating it is prima facie nullity of the act
Chapter Two deals with an important topic, which is the right of ownership and other -21
rights in rem that arise on the ship, such as the maritime concession right and the
.maritime mortgage 
The project, which is in the position of acquiring ownership over the ship, only spoke
about its ownership by building, because this road raises legal issues that it would be

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desirable to resolve with clear texts. As for acquiring the ownership of the ship whose
construction was completed by purchase and other dispositions, the general rules and
special rules stipulated in Articles 11 and 12 which require - as previously mentioned -
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clearing the disposal in an official document and declaring it to protest it to others, and
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in case of sale The ship for a foreigner. The project also
paid special attention to common ownership, because this type of ownership still exists in
maritime dealings due to the huge price of the ship and the large expenses of exploiting it,
which leads investors to cooperate with each other to create the necessary capital to
purchase the ship and face investment expenses, so they establish a company if the
matter is related. With a large investment, or they are persuaded to become common in the
.case of small or medium investment, such as fishing and coastal navigation
With regard to the ship building contract, although it is considered in its essence a - 22
sale, the provisions of maritime rationing do not apply to it regarding the sale of the ship
whose construction has been completed, so there is no need for permission to empty it in
an official document or notify it, however the importance of the contract and what it
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usually includes in terms of technical details A complex that is difficult for witnesses to
comprehend or remember, justify the requirement to prove it in writing, which is what
Article 13 did. Writing and this is the case as a condition of proof and not a condition of
.validity
Article 14 elaborates on the issue of ownership of the ship while it is in the -23
construction phase, so the ownership is kept for the construction contractor and it is not
transferred to the buyer until after the ship has been built, tested and delivered to him.
This solution has legal implications that appear in particular if the ship is destroyed while
it is in the construction stage, as the loss is on the construction contractor, and if this
contractor becomes bankrupt, as the buyer does not enter into bankruptcy except as a
.creditor of what he has paid of the price and not as an owner who takes back the ship
There is nothing that precludes the parties from agreeing on what contravenes this rule.
An example of the common agreements in this field is that the transfer of ownership of the
ship to the buyer is in stages. Whenever a certain part of it is built, its ownership passes to
.the buyer, who must pay the corresponding price
And since the ship building contract is considered in essence a sale as we have -24
presented, Article 15 has arranged for it an effect of the sale, which is the construction
contractor’s guarantee for the hidden defects that may be found in the ship, and this
guarantee was applied even if the buyer tried the ship before receiving it, because the ship
.has money It is complex and one or two trials may not reveal its hidden flaws
However, the project did not impose this heavy guarantee on the construction contractor -
without working at the same time to reduce it in order to establish a balance between the
two opposing interests, and its method for achieving this goal was to drop the guarantee
after a short time in order not to accumulate on the shoulders of the construction
contractor, hindering him or unable to continue his activity. That is why Article 16
stipulates that the warranty case shall expire after the lapse of one year from the time of
knowledge of the defect. The project noted that this knowledge may not come until after a
long period has elapsed, or it may come early, but the buyer neglects it and the problem of
proof arises, so setting a maximum period - two years from the time of delivery of the ship
- expires after it misses the warranty case, the buyer's knowledge or no knowledge of the 
.defect
It is worth noting that the project was satisfied with establishing the guarantee and

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explaining how the lawsuit relating to it is preserved and leaving the rest of its issues to
the general rules. Therefore, it is necessary to refer to these rules regarding the meaning
.of the hidden defect, its effects, how to assess compensation and other parts
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The project assessed that the matter may not be related to building the ship completely -25
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in it, and that these repairs may be of such importance that they are
equivalent or nearly built, and their safety depends on them. The repairs factor is the
construction treatment with regard to the guarantee and the repair contractor has
established a guarantor for hidden defects in the parts that he By repairing it, and on this
guarantee, the provisions of statute of limitations stipulated in the aforementioned Article
.16 (Article 17) are applied to this guarantee
As for the common property, the draft allocated articles from 18 to 28. Needless to say, -26
it is necessary to refer to the general provisions contained in the Civil Law regarding
.common property in places where there is no special text in this regulation
The first paragraph of Article 18 of the provisions of maritime communal rule began by
stating the general rule in taking decisions related to it, and it was decided that the lesson
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is in the opinion of the majority. The second paragraph is interpreted by the majority as the
majority of the owners who own more than half of the shares in the ship (the majority of
the capital), all of this unless the law stipulates or the owners agree on what contradicts
these provisions, and for fear that the decision will be issued from recklessness or whim,
the third paragraph is permitted for each An owner from the minority that did not agree to
the decision to appeal it and indicated a date for the appeal, the competent court to look
into it and its powers to retain or cancel it. The project was keen not to use the appeal as a
pretext for intrigue and obstruction of investment, as it did not entail suspending the
implementation of the decision unless the court ordered that, and it is evident that the
court does not order it unless it is convinced of the corruption of the decision and the
.danger of continuing its implementation
Article 19 spoke about how to manage the communal, so it was entrusted to one or -27
more owners or others. And if a communal manager has not been appointed, each owner
shall be considered a manager, and it is one of the assumptions in which the managers are
multiplied, and according to the provisions of the third paragraph of the text, they must
work together, unless agreed otherwise. And in order for those dealing with the ship to be
aware of the names of the managers, the last paragraph of the same text required that their
names be published in the ship registration sheet until their appointment is implemented
.against others
Article 20 - in the authority of the director, authorized him to carry out all the work -28
required by the management of the community, which is a broad authority that allows the
director to move to meet the requirements of good governance. Nevertheless, the text
excluded some of the actions he mentioned exclusively and considered them dangerous
to justify the requirement to obtain permission from the owners, namely selling the ship,
mortgaging it, arranging other in-kind rights on it and leasing it for a period exceeding one
year. If the manager conducts a behavior from it without obtaining permission, the owners
may request the revocation of the disposition, which is a right that they may cling to in the
face of others, which requires the third party who deals with the director to be careful to
.make sure of the capacity of his agency to view the permission to conduct the disposition
However, this legal restriction is the only one that may be invoked against others. As for 
the other restrictions that the owners may add to the authority of the manager, it is,
although it is binding in the relationship between the owners and the manager, it has no

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effect in view of others, and it is an important principle based on protecting The outward
appearance of things, and was confirmed by the second paragraph of Article 20 to protect
others who are not aware of these restrictions and to facilitate commercial dealings by
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exempting others from verifying the capacity of the principal's agency in every work he
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Article 21 dealt with the issue of the distribution of profits resulting from the common .29
exploitation of the ship, the distribution of losses and the expenses of exploitation. The
principle in this regard is respect for the will of the contractors. If they agree on the
method of distribution, what they agreed upon must be taken into account. If they do not
agree - a situation that is not uncommon in the field of communalism, especially if it arises
from inheritance - the text has laid down provisions to fill this void based on the principle
.of distribution by shares
Article 22 relates to liability for debts arising from communal debt. Its provisions .30
:revolve around the following principles
If the manager is one of the owners, then he is not responsible for debts arising from (1)
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the actions he carries out within the limits of his authority for the account of the public,
because he is an agent who binds the principal and does not abide, and if the manager
exceeds his authority he is responsible towards others, not for the debt because he He did
.not conclude it in his own name or for his account, but rather on the basis of tort
If the manager is one of the owners. The first paragraph of the text placed a heavy (2)
responsibility on him, making him responsible, not only to the extent of his share, but also
in all his money for debts related to communalism. The liability shall be joint if there are
multiple owners, and there is no way for the dispossessed manager to evade this
responsibility or reduce it in the face of others, as the text closed the way by saying, "Any
agreement contrary to what is stated in this paragraph is not invoked against others." The
reason here - as in the case of the second paragraph of Article 30 aforementioned - is the
.protection of others
The responsibility for the debts arising from the communal does not fall solely on the (3)
communal manager, but rather is shared with the other communal owners, since the
second paragraph of Article 22 made them responsible for the debts mentioned in all their
money and with the solidarity between them. However, the text allowed them to agree on
the exclusion of this responsibility, and enabled them to invoke this agreement on others
on the condition that it be declared public. Here, the difference between their status and
that of the dispossessed director appears. This does not invoke others by the agreements
that exempt him from responsibility or limit them, and these people invoke such
.agreements on the condition that they are public and since their month
Article 23 establishes the right of every buyer to dispose of his share on the communal -31
basis without the consent of other complainants, but it includes two exceptions on this
.principle
I) If the disposition would cause the ship to lose the conditions required by the second)
paragraph of Article 5 to acquire the Egyptian nationality, then in this case it is not
permissible to act unless the owners unanimously agree to it in view of the seriousness of
.the consequences that result from the ship’s loss of its nationality
Second) If he wants to mortgage his share on the common, then a majority must approve)
.the mortgage, especially given the important effects arising from the pledge in turn 
The second paragraph of Article 23 kept the owner who disbursed his share liable for the
debts related to the commonality until the disposal is published in the ship's registration

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sheet, that is, until the time when the law assumes that the creditor has known about the
.disposal
Whereas disposing of the share in the foreign sale by common means introducing a -32
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new owner that the other litigants may not know or are uncomfortable with, Article 24
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to exclude him by recovering the sold share, and regulates the method of
recovery with provisions that take into account the reconciliation of interests in the
.dispute
Article 25 assumes that one of the complaining owners is bound at the same time to a -33
work contract on the ship, as if he was an engineer, doctor or sailor, and that an act issued
by him requires a penalty against him, so a decision was issued by the owners to dismiss
him. And he noticed the critical text that this owner senses from remaining in the
communion after his colleagues condemned him, so he permitted him to withdraw from it.
Then the issue of estimating the share of the withdrawing owner arises, and the project
has left it to the owners ’agreement. If they do not agree, the court shall assume the
.assessment in the manner it deems appropriate
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Article 26 deals with the most important reasons for the end of the commonplace, -34
which is the sale of the ship by choice or compulsion, and the voluntary sale stipulated the
approval of a special majority without which the sale is subject to nullity. Selling the ship,
and it is hoped that the court will not rule on authorizing the communion unless it is
.certain of the depth of the rift - and it is not possible to heal it
Article 27 assumed that seizure took place on shares representing more than half of -35
the vessel and ruled that the compulsory sale that follows this seizure includes the entire
ship, which results in ending the state of commonality, as there is no place to force the
owners of the shares not covered by the seizure to remain in the common after That its
features change with the transfer of the majority of the shares to new owners. Moreover,
the wholesale sale of the entire vessel is more capable of attracting the buyer and is more
appropriate to obtain a reasonable price. The project did not close the door without the
owners of the shares that were not included in the seizure if they wanted to continue to
spread, so it permits each of them to request the court to limit the sale to the shares that
.are seized, and the court is also permitted to fulfill this request if it desires that
However, even if the draft law permits the termination of communion in the foregoing -36
circumstances, it was keen that the personal events that may occur to one of the
comrades have no effect on its expiration. That is why Article 28 stipulates that
commonality does not expire with the death or seizure of one of the owners, or the
declaration of his bankruptcy or insolvency, unless there is an agreement to expire in
these cases. And the project saw the provision of this solution explicitly in order to push
the assumption that commonality - like companies of persons - is based on personal
.consideration, so it should collapse with the collapse of this consideration
The project transferred the provisions of the maritime concession rights and the -37
maritime mortgage from the international convention related to this matter, and added to it
.the appropriate provisions in the places left by the convention to national laws
Article 29 opens the provisions of the maritime concession with a statement of the -38
privileged debts and mentioned them according to their precedence in the concession.
Judicial expenses spent on selling the ship and distributing its price were placed at the
summit, followed by the public debts owed to the state or to a public person because it is 
the money of the people, then followed by the debts arising from the work contract of the
captain, sailors and others. Those who are bound to a work contract on the ship to glorify

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the work and to enable the hard-working people to obtain the fruit of their labor, then the
rewards due for salvation and the share of the ship in the joint losses because these
amounts represent efforts made or money sacrificed to get the ship out of an ordeal that
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could have resulted in it, then compensation because it is forced The damage and the
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the injured, and finally the debts arising from the contracts and works
carried out by the shipmaster outside the port of registration due to an actual need
necessitated by the maintenance of the ship or the continuation of travel, as well as the
debts owed by the supplier due to the works performed by the ship’s agent according to
Article 140 - as had it not been for these debts, they would have perished.The ship is or is
.unable to continue traveling
In order to encourage the normal marine credit, the project restricted the concession from
the debts mentioned in the text "exclusively", which results in the fact that the ship, the
freight and its accessories do not bear the concession rights stipulated in the civil
regulation or in other laws except for maritime rationing and the provisions
.complementing it that it may A priori establishing other marine concessions
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And since the maritime concessions were decided on funds that were originally .39
movable, it was logical that Article 30 exempted them from all formalities such as the
.month and did not require special conditions to prove them
Article 31 spoke in the place of concession and said that it is focused on the ship, the -40
freight and its accessories, and what is meant is the transportation fare for the voyage
during which the debt arose. No exception is made from this except for the debts arising
from the maritime work contract. The second paragraph of the text simplified the
concession on the transportation fees that are due on All trips that take place during the
.term of the employment contract, to fully guarantee these debts
It was logical that the project had arranged for the concession over the ship anchors -41
and the freight auxiliaries to indicate what the attachments were intended for. Article 32
took over this matter and mentioned what is included in the annexes and what it does not
.include, and the fare owed by travelers is considered the same as the transportation fare
Article 33 removed an ambiguity related to the period during which the franchise .42
remains attached to the transportation fee and the attachments, keeping it standing as
long as the fare is payable or it is still under the hands of the master or the owner’s
representative, as the fare in these offers remains subject to the seizure of what the debtor
.has with others
Articles 34 and 35 laid down the basic rules to be followed in the arrangement of -43
concession rights, and the idea in this regard is to privilege the debts of each cruise as a
stand-alone block. These debts are arranged according to the order mentioned in
paragraphs of Article 29, then the judicial expenses come first, then the fees, taxes, guard
and maintenance expenses Then the debts arising from the maritime work contract, then
the remuneration due for salvage and the ship’s share in the joint losses, then the
compensation, and finally the debts arising from the work contracts carried out by the
master outside the port of registration of the ship, and the debts owed by the supplier due
to the works performed by the ship’s agent according to the first paragraph From Article
.140
As for arranging the trips between them, the priority is for the most recent trip, followed by
the previous flight in history, then the earlier trip in history, and so on, meaning that the 
debt block related to the last trip comes first, then it is followed by the debts block of the
previous flight, then the debts of the previous flight, and so on. No exception is made from

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this except for the debts arising from the maritime work contract if its implementation
takes several trips, as these debts are considered as if they arose on the occasion of the
last voyage and are dealt on this basis, and that is to take care of the owners of these
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debts who depend on their pension on their wages and other amounts they deserve.
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Article 36 provides for the maritime concession the right to follow the ship in whatever .44
hands. It would have been more appropriate to add this text because the ship is originally
one of the movable assets in which the right of tracking collides with the rule of
possession in the movable title deed applied by Article 1133 of the Civil Code in the field of
concession by accepting it that "the right of concession is not invoked against whoever
possesses the movable in good faith." The fact that the project excluded the application of
this rule on the ship in a general provision, which is the second paragraph of Article 4, but
it would be desirable to confirm the right of tracking in the area of concession to indicate
that the ship deviates in this area from its original nature as movable to deal with the
.treatment of real estate
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Article 37 talked about how the concession right on the ship was expired and -45
transferred to the price in view of the excellent creditor who submits an opposition to
paying the price and communicates it to both the old owner and the new owner on a
specific date, and to further preserve the rights of the excellent creditors, the article kept
.the franchise alive as long as The price was not paid
The first paragraph of Article 38 stipulates that the concession shall expire in all cases .46
by the lapse of one year, except for the lien guaranteeing the supply debt, which shall
expire after the lapse of six months due to the periodicity of these debts. The reason for
shortening the lapse period is the acceleration of the vessel's release of the in-kind burden
.imposed on it to encourage the normal marine credit
The second and third paragraphs of the text indicated how the expiration period begins to
apply. The fourth paragraph was keen on the text that receiving an advance payment from
the wages of the captain and seafarers does not mean that their debts have become due
so that their lapse will take place according to the third paragraph, and it is clear that this
provision adds protection to the rights of the ship's workers who Financial conditions
often force them to withdraw payments from their salaries to secure their relatives'
pensions while they are away on travel. Thus, the lapse of time does not apply to them
.except from the time of the original fixed term for the maturity of their debts
The last paragraph stipulated that the lapse period be extended to three years in cases
where it is not possible to sign the seizure on the vessel carrying the concession in the
Egyptian territorial waters. It is an advantage that the project did not limit to Egyptian
creditors alone, but rather extended its benefit to the settler creditors of Egypt and
.creditors who belong to the nationality of a country that treats Egypt similarly
Article 39 establishes the right of imprisonment on the shipwreck if an accident occurs -47
to it in the Egyptian ports or sea lanes, and the concerned marine authority takes the
initiative to remove the wreck. Premium debt is removal expenses. Security is not limited
to the right of imprisonment, otherwise the guarantee is weak. Rather, the text permits the
seaport to sell the wreckage and recover its debt in preference to other creditors. All this
aims to accelerate the clearing of ports and lanes to regulate Egyptian navigation. What is
striking about this text is the concession is not decided on a ship, but rather on a 
shipwreck. Without the text, the debt would have been considered normal and would be
.lost in the crowd of debts

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Article 40 concludes the provisions of the maritime concession by broadening the -48
scope of their application to operate, whether the operator of the ship is an owner or a
supplier who is not an owner or just a charterer. This is a logical solution because the
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maritime concession is not related to the person of the debtor but to the marine wealth
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the aforementioned provisions do not apply to the purpose in which the
owner loses possession of the ship as a result of an unlawful act - such as usurpation or
seizure - when the creditor knew at the time the right arose that he was dealing with the
.usurper, as there is no privilege for the one who is not worthy of it
As for the maritime mortgage, it was organized by the project on the basis that the -49
possession of the vessel loaded with the mortgage would not be transferred from the
owner to the mortgagee, in order to enable its owner to obtain the necessary loans for
investment without hindering him, and the ship in this area in turn approaches the
property. This required the marine mortgage to be subject to provisions similar to the
official mortgage. It also requires the use of these provisions in respect of which no
.special text is provided
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Article 41 opens the provisions of the maritime mortgage by requiring that it be cleared .50
in an official document. And the official in this regard is a condition of validity, which leads
to the nullity of the mortgage. In fact, this provision does not add anything new, as Article
.11 has already circulated it regarding every right in rem decided on the ship
Article 42 stipulates that, in the case of ship ownership, the common ownership must .51
be approved by the majority of the owners who possess at least three quarters of the
shares. The reason for requiring this large majority is the risk of the mortgage, which often
leads to the forced sale of the ship and thus to the loss of the money on which the
communion is based. However, obtaining this majority would be difficult if some owners
refused to approve the mortgage while it was necessary to finance investment projects.
That is why Article 42 permits every owner who has agreed to the mortgage to submit the
matter to the court to order its completion despite the lack of legal majority if it is
estimated that the interests of the owners require this, and it is flexibility in the text that
gives him the ability to deal with situations in which stubbornness or bad opinion prevails
.so that the eyes are blinded. Right
Article 43 speaks of what the maritime pledge falls on and what does not happen, it -52
falls on the ship and its accessories, and remains as a means of physical solutions to its
wreck if it becomes a wreck. It does not fall on the transportation fare, nor on the subsidies
or aid granted by the state or a public person to the ship, or the compensation owed to the
owner for damages to the ship or under insurance contracts, and there is nothing that
precludes agreeing that the creditor mortgagee fulfills his right from the amount of
.insurance, subject to the provisions of Haqq transfer
Article 44 permits mortgaging the ship while it is in the building cycle with special .53
conditions. This is a desirable solution to facilitate obtaining the necessary financing to
.meet the investment expenses, foremost among which are the ship building expenses
Articles 45 to 49 deal with the procedures for registering a foreclosure and the data that .54
are mentioned in the registration and its validity and renewal period. There is nothing in
these texts that needs clarification, with the exception of Article 48, which wanted to
resolve all doubts about the transfer of the pledge to the new creditor if the debt secured
was authorized and appeared, because the pledge is one of the consequences of the debt 
.moving in its part to where it is transferred
Article 50 deals with the issue of the rank of the mortgage from two aspects: the rank of .55

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the mortgage in relation to the concession rights, and the order of the mortgages between
them if there are many. With regard to the first aspect, the article placed the mortgage after
.the aforementioned maritime concession rights
English
With regard to arranging the mortgages between them, the lesson will be the date of the
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the mortgage with the previous record is a date submitted to the mortgage
with the following registration in the date, and this last pledge is submitted to the
mortgage with the next registration that has a date and so on, and if a number of
mortgages were registered in one day, it was on the advance Equality in rank regardless of
the hour of registration so that the one who maintains the registration record does not
.have power to favor one creditor over another
Article 51 establishes on the mortgage the right to follow the vessel in whatever hand it -56
is, that is, even if it moves to a bona fide holder. This solution is not valid if the vessel is
considered a transported only, as it is then interrupted by the rule of possession of the
movable title deed. That is why it was necessary to stipulate his report, and his report was
necessary because the guarantee that he realizes is a mortgage in which possession is not
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transferred, without which he is weak and anxious. In order to further protect the right of
the mortgagee, the article set a time limit for the debtor’s freedom to dispose of the
mortgaged vessel, which is the time for recording the seizure report in a register in order
not to burden the creditor with continuing the prosecution after the sale of the vessel
.became forced and imminent
Article 52 sets forth some provisions relating to the forcible sale of the vessel if the .57
debtor has not repaid the debt. These provisions are taken into account to reconcile the
.interests of those concerned in the dispute
If the mortgage is located on a part that does not exceed half the ship, then the mortgagee
creditor may only request the sale of this part alone, and it is a sale that most likely does
not find a present recipient, because the situation requires that the buyer regulate his
relationship with the current debtor who remains the owner of the part not covered by the
mortgage As for him to establish a company, and as for them to agree on the commonality,
.and God may not be reconciled between them, then both things are impossible
If the mortgage is located on more than half of the ship, then the basic principle is that the
mortgagee creditor does not sell only the part loaded with the mortgage. However, the text
allowed him to take the matter to court to order the sale of the entire vessel. It is most
likely that the interest of all stakeholders in licensing this comprehensive sale is because it
attracts buyers and raises the value of the ship, as it provides the buyer with comfortable
ownership that does not lack the stubbornness of a partner or the intransigence of a
.commoner
And if the mortgage is related to a common share, then it is good to be careful in selling it,
perhaps one of the other mutilated people may pay the debt and prevent the sale. For this
reason, the second paragraph of Article 52 obliges the mortgagee to formally warn them to
pay the debt, and after that they are their own. Either they fulfill the debt and clear the
share from Foreclosure, or they abandon their colleague and let the sale process proceed
.in its prescribed way
And when the sale is completed and the judgment of the auctioneer is issued, the ship -58
is cleared of the foreclosure and the right of the mortgagee creditors is transferred to the
.(price, and they shall return it to each according to his rank (Article 53 
In addition to this automatic purification triggered by the judgment of the auctioneer, -59
articles 54, 55 and 56 allow the one to whom the ownership of the vessel (the holder) is

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transferred to clear it from the foreclosure indicating the procedures to be followed to

achieve this goal, and how to bid the tenth if one of the mortgagee's creditors is not
convinced of the adequacy of the price or leakage To himself, there is a suspicion of
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collusion between the two parties of the sale to undermine him
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To protect the rights of the Egyptian financier, Article 57 nullified the sale of the vessel -60
loaded with the mortgage if the sale occurred to a non-Egyptian, lest the foreign buyer
excluded it from Egypt, and the Egyptian creditor’s guarantee would be lost or unable to
benefit from it, and since this is the reason for nullity, it has no place if the creditor deals
with the mortgagee For foreclosure. However, this handling does not mean that the current
debtor is in a position to sell the ship to a non-Egyptian, as the prohibition stipulated in
Article 12 remains, which does not allow the transfer of the Egyptian ship's ownership to a
.foreigner without permission from the competent minister
Article 58 concluded the provisions of the maritime mortgage by stating how to cancel -61
the record related to it. Either a ruling is issued requiring the cancellation of the debt, such
as a judgment to nullify the debt, its termination, or the nullity of the pledge, or either the
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parties of the pledge agree to cancel the record, and the text in this last case has taken
measures to ensure the lifting of all Doubts about this agreement required that the debtor
submit a declaration signed by the creditor and certified by his signature, agreeing to write
.off
Chapter five relates to seizure of a ship, and the seizure may be either precautionary or .62
.executive
Article 59 introduces the provisions of precautionary seizure by permitting its signature
even if the vessel is ready to travel. Article 60 stipulated for the signing of this seizure that
the debt should be maritime and mentioned, exclusively, the debts that are considered as
.such in a census that almost covers all the debts arising from the ship’s investment
The principle is for the seizure to be signed on the vessel to which the debt relates. -63
However, Article 61 also permitted his signature on every sister ship. The sister ship is a
ship that the debtor owned at the time the debt arose and remained its owner until the time
the seizure was signed. It is clear that this ruling contravenes the interest of the creditor by
enabling him to sign the seizure of the sisters of the ship to which his debt is attached
whenever these ships are closer to his reach than them. However, the seizure may not be
imposed on anyone other than the ship to which the debt is attached if this debt arose out
of a dispute over the ownership of the ship or from commonness or was secured by a
maritime mortgage resulting from it, because these debts are generated from in-kind rights
.established on the ship, so it is logical that they bear the consequences alone. Default
Article 62 permits the imposition of precautionary seizure on the ship even if the debtor -64
is a charterer of it, provided that the charterer is the one in charge of its navigation
management and that he is alone responsible for the marine debt under which the seizure
is signed. The text in this imposition also permits the imposition of the seizure due to the
debt related to the chartered vessel on every other vessel owned by the charterer. As for
the ships owned by the chartered owner other than the chartered vessel, it is not
.permissible to impose a priori seizure on them because of that debt
In the interest of the regularity of maritime navigation, Article 63 permits the president -65
of the court or his representative to order the lifting of the precautionary seizure of the
ship if the debtor provides a guarantee - personally or in kind - sufficient to fulfill the debt, 
with the exception if the debt under which the seizure is signed is related to a dispute over
ownership The ship or a dispute revolving around its ownership in common, as it is not

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permissible in these two assumptions to lift the seizure, because the dispute threatens the
investment itself and authorizes accordingly the reason for lifting the seizure.
Nevertheless, the project remained keen, even in these two assumptions, on the regularity
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of investment, so the president of the court of first instance or his substitute authorized
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to continue investing it with a guarantee or to organize its
.management during the seizure period in the manner he deems appropriate
Articles 64, 65 and 66 speak of precautionary seizure procedures, and these texts .66
:respond to the following observations
The project was keen to deliver a copy of the seizure report to everyone concerned: to (1)
the captain to submit to the seizure and refrain from traveling, to the competent marine
authority to prevent the ship from traveling if necessary, and to the registration office to
.annotate the reservation in the ship registry
Article 65 sets a tight deadline (eight days from the day of delivering the seizure report (2)
to the master) for filing a suit for validity of seizure, so as not to remain concerned for a
.long period of time
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If the court decides that the seizure is valid, it must order in the ruling to make the sale, (3)
.and the precautionary seizure shall then be transformed into an executive seizure
The judgment issued in the seizure validity lawsuit may be appealed regardless of the (4)
amount of debt for which the seizure is imposed, even if it is less than the quorum of the
.appeal in accordance with the general rules
As for the executive seizure, the draft has applied the general rules to it, it is not -67
permissible to sign it except by virtue of an enforceable document, and it is permissible
.regardless of the nature of the debt, whether marine or non-maritime
Articles 67 to 77 separate the procedures for this seizure, beginning with a warning to -68
the debtor to pay, to making the seizure report, to selling and auctioning, to depositing the
price obtained from the sale, to challenging the judgment of the auctioneer, to the
provisions of the restitution lawsuit, then distributing the price. The following observations
:are made to these procedures
I present the draft to the basic implementation procedures stipulated in the existing (1)
maritime regulation, such as the necessity of writing the seizure report "in the presence of
two witnesses", calling for sale in "the outskirts of the port" and in "large public squares"
and hanging advertisements "on the large mast. And the auction remains open until
.”“extinguishing the burning candles at the beginning of the bidding, as is customary
The project provided the debtor, throughout the course of the proceedings, sufficient (2)
.time to arrange for the fulfillment of the debt
However, at the same time, the project was keen on speeding up the reservation
procedures and removing the obstacles that may be encountered. This meaning appears
in many places, including the second paragraph of Article 69, which does not allow the
time for the sale hearing to be slated to more than thirty days from the date of seizure, and
the fifth paragraph of Article 70, which requires the completion of the publishing
procedures for the sale within sixty days from the date of the sale order. Otherwise, the
court may, based on the debtor’s request, decide that the seizure is deemed if it did not
exist, and Article 74, which does not permit the judgment of the auctioneer to be appealed
except for a defect in the bidding procedures or in the form of the judgment, and the
second paragraph of Article 75 which permits the judgment of a fine on the plaintiff in the 
suit of entitlement of the seized vessel If he loses the case, she shall not take this case as
.a vehicle to delay the proceedings

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As in the case of provisional seizure. Article 68 is keen to inform the seizure to (3)
everyone concerned: to the captain to stop preparing to travel and to face the emergency
situation with appropriate measures, to the competent maritime authority to prevent the
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ship from traveling by force if necessary, and to the registration office to annotate the
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registry, and finally to a consul The state whose nationality the ship
carries in order to take care of the interests of his country and the interests of seafarers,
.travelers and shippers
Article 77 provides for the sale of the confiscated vessel the expiration of the work (4)
contracts of the captain and sailors who work on it, so that the new owner has the freedom
to choose the workers with whom he is comfortable, and if this freedom was not available
.to the buyer, the bidding would decrease and the price of the ship would drop accordingly
Part Two
Persons of Maritime Navigation
This chapter includes four chapters, all of which revolve around persons who have a -69
stake in marine investment, and they are: the shipowner, the ship supplier, the captain, the
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.sailors, the contractors and the marine agents

Chapter one relates to the owner of the ship and its supplier, and article 78 begins by .70
defining the supplier as the one who exploits the ship for his own account as an owner or
lesser thereof. It established a presumption whereby the owner is considered equipped
.until the evidence is established to the contrary
And since the equipment of the ship includes interchangeable technical and -71
administrative matters depending on the progress of technology in the arts of maritime
navigation, it is desirable for the legislator to leave the regulation of these matters to the
competent administrative and technical authorities in order to guarantee them the
necessary flexibility to amend their provisions whenever scientific progress so requires
.((Article 79
It goes without saying that the most important issues presented in connection with .72
talking about the shipowner are his responsibility for the actions of the people who work
on it and for the obligations that the captain makes in matters related to it. That is why the
project directed all its attention to this issue, allocating to it Articles 80 to 91, and seeking
in its regard the provisions of the International Convention held in London on November
19, 1976. And it required walking along the ride of this agreement - the reversal in the field
of liability - of the in-kind leave system taken in Maritime legalization based on the system
.of determining liability at maximum amounts
Article 80 began the liability provisions by referring to its two traditional types, -73
establishing the owner responsible for the actions of the captain, sailors and other
persons who work on the ship whenever it occurred from them during the performance of
their duties or because of them (negligence), and it also established him responsible for
the obligations arising from contracts concluded by the captain Within the limits of his
.(authority (contractual responsibility
Article 81 indicated at the outset that determining liability is permissible of any kind, .74
.that is, whether it is contractual liability or tort liability
In spite of this generalization, the text restricted the feature of identification to debts that
cite sources exclusively. The matter that draws attention in the enumeration of these
sources is that among the debts that the international agreement authorized the ship 
owner to adhere to determining responsibility for it is the debts arising from physical
damage and material damage that occurs on board the ship or that is directly related to

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maritime navigation or the operation of the ship. This means that the carrier - whenever he
is the owner of the ship - has the right to adhere to the definition stipulated in the
agreement in the event that he is liable for the damages that occur to the passengers or to
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the goods shipped on the ship. This situation does not pose any difficulty if only the
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applicable. However, there are other agreements related to the responsibility
of the carrier in the cases of transporting people and transporting goods. These
agreements in turn stipulate that the responsibility of the carrier is specified, but on
grounds that differ from the agreement in which we are dealing. If these agreements are
also applicable, then how to coordinate their provisions with the provisions of the owner's
liability agreement in the purpose for which the owner is a transferring at the same time.
And it is the predominant purpose in the work, does the owner have the freedom to choose
and determine his liability based on the owner's liability agreement or the carrier liability
agreement according to his interest? Or one of the other two agreements is blocked? If the
answer is affirmative, then which of the two is the one who is obscured? This is the
subject that sparked controversy in jurisprudence, and the project wanted to settle it with
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a solution that clarifies the boundaries between the provisions of the two responsibilities.
And it is the predominant purpose in the work, does the owner have the freedom to choose
and determine his liability based on the owner's liability agreement or the carrier liability
agreement according to his interest? Or one of the other two agreements is blocked? If the
answer is affirmative, then which of the two is the one who is obscured? This is the
subject that sparked controversy in jurisprudence, and the project wanted to settle it with
a solution that clarifies the boundaries between the provisions of the two responsibilities.
And it is the predominant purpose in the work, does the owner have the freedom to choose
and determine his liability based on the owner's liability agreement or the carrier liability
agreement according to his interest? Or one of the other two agreements is blocked? If the
answer is affirmative, then which of the two is the one who is obscured? This is the
subject that sparked controversy in jurisprudence, and the project wanted to settle it with
.a solution that clarifies the boundaries between the provisions of the two responsibilities
This solution is summarized in the necessity to act according to the provisions of the
responsibility of the carrier alone whenever there is a contract of carriage, whether this is
the carrier owning the ship or not. As for where the transfer contract does not exist, the
provisions of the owner's liability are the ones that are enforceable with the purpose that
the debt is something that may be adhered to determining the liability for it. The draft
established this solution in a unique text, which is Article 198 at the beginning of the
chapter on the maritime transport contract, where it stated that the provisions of this
chapter apply "exclusively, whether the carrier is the owner of the ship or the supplier or
charterer." It may be said how international agreements fall into such a contradiction; The
truth is that there is no contradiction, because each international agreement has self-
sufficiency and a self-standing entity, so it does not complete the provisions of others, and
does not complete its provisions with the provisions of others, which required that the
agreement on the responsibility of the owner cover all the debts that it considered
determining liability for, including debts arising from damages That afflicts passengers or
goods in the field of the transport contract, as it is permissible for a state to ratify them
and not ratify the conventions on the responsibility of the carrier, so ship owners find
among their nationals a way to determine their liability, and it is clear that such a 
consideration has no place in domestic legislation that coheres and complements some of
.its provisions. Some

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The second paragraph of Article 81 emphasized that adhering to the limitation of liability is
permissible even if the debt is in the interest of the state or one of the public persons, so
as not to think that the rights of these bodies are safe from pushing for the limitation of
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.liability
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Article 82 excludes some debts, and it is not permissible to adhere to determining -75
responsibility for it, and each exception has its own cause: the exclusion of debts arising
from the floating of a sunken, delinquent or abandoned ship and the lifting of its wrecks
and cargo is justified by the fact that it is necessary to initiate the cleaning of waterways to
ensure the fluidity and regularity of maritime navigation. The exception to bailout debt is
justified as arising from efforts that should be fully compensated. The exclusion of debts
arising from the contribution to joint losses explains that these debts represent a share in
a musharakah that would remain deficient if the share was not provided in its entirety. As
for the exclusion of the rights of the captain, seafarers, subordinates and their successors,
it is dictated by the care of these persons and enabling them to obtain their rights. The
exclusion of nuclear damage and damage resulting from pollution is a matter created by
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the new agreement (1976) and imposed by technological development in maritime

.navigation and environmental protection
Articles 83 to 86 talked about how to set the maximum liability and distribute the -76
:amount to be judged. This is based on the following principles
What matters is the total cargo of the ship and leaving the project how to calculate this (1)
.cargo according to the laws and decisions related to that
The base amount varies according to the vessel's tonnage and the type of damage (2)
.((physical or non-physical
The base amounts do not precisely correspond to the amounts specified by the (3)
international agreement, but in the view of the project they are fair, achieving a balance
between the conflicting interests and commensurate with the fluctuations that occurred in
.the exchange rates
Confirmation of the protection of the injured “The second paragraph of Article 83 (4)
annulled every previous agreement on the occurrence of the accident that resulted in the
damage and the subject matter of which is the determination of liability less than the
.amounts specified in the text
If the amount allocated for bodily damages is not sufficient to cover it in full, the (5)
remainder of it, together with debts for non-physical damage, shall participate in the sums
allocated for these debts because the bodily harm is more precedent than non-physical
.harm
The distribution within each group of damages is made in proportion to each debt. (6)
However, Article 85 establishes a privilege for debts arising from damage caused by the
ship to port facilities, docks, waterways, or navigation aids over debts arising from other
.non-physical damages, because they relate to the regularity of maritime navigation
The sums designated for compensation for non-physical damages for one accident, (7)
which constitute a stand-alone group that is allocated to pay the compensation due for
this accident, and what may be entitled to compensation for other accidents does not
.participate in that
Article 87 deals with the purpose in which a single incident creates a debt owed by the .77
owner and a right to him before the creditor, and obliges the owner to first set off between 
the right that he has and the debt that owes him, even if the set-off results in a surplus of
the debt that he owes, he can adhere to determining the responsibility for it. This solution

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negates the prevention of extravagance in favoritism to the owner, as it is permitted for

him to adhere to determining the liability first, and then to clearing second, as the set-off is
then conducted between a right that has kept its full amount and a debt bearing the
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.reduction while it is in the crowd of debts that participated in the distribution
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shipowner and to ensure the regularity of investment, the second
paragraph of Article 87 prohibits taking any action against the money of the owner if he
puts at the creditor's disposal the amounts allocated for compensation or provides an
.adequate guarantee
Article 88 spoke about the purpose whereby the ship owner repaid a debt joint in the .78
distribution before making the distributions, and it allowed him to replace the creditor in
.the distribution to an amount that was sufficient
The text also allowed the court to rule, upon the owner's request, to set aside sums to pay
compensation that the owner proves that he is likely to be committed to fulfilling them, a
.precaution the court assesses its necessity
And since determining liability is an advantage that the owner should not attain unless -79
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he is in good faith, article 89 has prohibited him from it if the plaintiff proves that the harm
arose out of his bad faith, and the text was keen to clarify the intended meaning of bad
.faith in this area
Article 90 deals with the statute of limitations for the liability lawsuit against the owner -80
of the ship and sets the limitation period for two years from the date of the occurrence of
the act giving rise to the liability and explains the reasons for the interruption of this
.period
Article 91 concluded this chapter by stipulating that the provisions of limitation of -81
liability apply even if the operator of the vessel is not an owner of it, as if he is a supplier,
charterer, or manager of the common. It also stipulated that the aforementioned provisions
shall apply in the case of the responsibility of the master or the sailors and the
dependents, but it was keen to stipulate that whatever persons are responsible for the
damages arising from a single accident, the liability does not exceed the limits set forth in
Article 83. The draft in this regard also took into account the interest of the captain and
sailors. In the second paragraph of Article 91, they were permitted to adhere to limiting
liability even if the damage arose from a personal error issued by them in their
.aforementioned capacity
The draft devoted the second chapter to the master in view of the importance of the -82
role he plays in the leadership and management of the ship and the preservation of its
.safety and the integrity of its cargo and the people on it
Article 92 begins the provisions of this chapter by explaining how the captain is appointed
and dismissed, and determining his right to compensation if the dismissal is arbitrary. The
draft did not address the conditions and qualifications that must be met by whoever
.appoints a master due to the existence of special laws in this regard
Articles 93 to 95 entrusted the leadership of the ship to the master, provided that the -83
leadership passes from him to the officer who comes next in rank when there is an
obstacle preventing him and carrying it out. These texts avoid entering into technical
matters, but at the same time they were keen to indicate the duties that are required by
them. Ethics of leadership and complementing these duties some ethics to which the texts
did not refer to it because it is not imposed by law, but its reference to marine traditions 
and the conscience of the master. An example of it is that the captain should be the last to
leave the ship if it is about to sink or catch fire. The captain respects the habit of this

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tradition, and some of them are attached to his ship so he remains on its deck if it is
.plunged until it falls with it to the bottom of the sea
Articles 96 to 100 deal with the powers of the master, which are broad powers that .84
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match the enormity of his responsibility. He is the notary, the secretary of order in the ship,
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inferences and conducts investigations, orders the reservation, and
the legal representative of the supplier in carrying out the necessary works for the ship
and the voyage. In the past they said that the captain is the master over the ship after God,
and this saying still has a lot of significance despite the advancement of means of
communication on the ship while it was at sea and the spread of suppliers of suppliers in
.various ports
:The following notes are attached to these texts
attached (1) Article 96 stated that the captain has powers over the persons on board and
that he has the right to impose disciplinary penalties, and these penalties are not
.mentioned, leaving the matter to the relevant laws
Article 99 considers the captain to be a legal representative of the supplier, but it limits (2)
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this representation to the work necessary for the ship and the voyage, and it does not
decide it for the captain except where the shipmaster or his representative is not present
in the place where the master performs the legal work, since when the principal attends
the agent must be withheld. The text looked at the interest of others in good faith and
decided to protect him from two aspects: The first was that it was not permissible to
protest against it by the agreement restrictions that may be received by the
aforementioned prosecution, and the second was that it assumed that he did not know the
provider's existence in the place where the legal work was taking place and he placed it
upon his opponent to prove this knowledge. In both aspects, the text seeks to protect the
appearance of things. 85. Articles from 101 to 104 relate to the captain's administrative
duties, indicating the documents he must keep on board the ship, the books he keeps,
how to mark them, the reports he submits when unusual accidents occur during the
. .voyage, how the facts contained therein are examined and their evidence for evidence
Article 100 referred to the captain's commercial functions and required him to follow the (3)
.supplier's instructions regarding them

Articles 105 to 107 give the captain special powers to deal with the circumstances that .86
.may arise to him during travel and resort to taking exceptional measures
Article 105 permitted him to borrow against the guarantee of the ship and the freight. If this
guarantee is not sufficient to cover the loan, he may mortgage the shipment. And if the
loan is not possible, the shipped goods may be sold for the required amount. And since
the loan or sale is an exceptional act that the master should not resort to except under
urgent circumstances, the text for making it conditional on obtaining permission from the
judge, the consul, or the local judicial authority, according to the circumstances. The text
did not neglect the interests of the owners of the goods, so it permitted them to oppose
selling them and requesting their removal from the ship on the condition that the freight is
.paid in full
Whatever the circumstances in which the shipmaster is present, Article 106 prohibits him
from selling the ship even if it is unfit for navigation without a special authorization from
the owner. It was taken into account in this ruling that the means of communication with 
the owner have become easy in the context of modern technological progress, so there is
no justification for the captain to have a sole disposal of the ship from the responsibility of

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.its owner and end the investment

As for Article 107, it faces the requirement that the captain must stop traveling to carry out
repairs on the ship. It is assumed that repairs are necessary and the ship cannot continue
English
the voyage without it. And the matter that the text meant by it is a statement of the rights of
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prevent the harm that would result from delaying travel, and the text
favored them between two things: either to wait until the repair is completed or take their
goods out of the ship, and if they choose to wait, they do not incur an increase in the wage
over the period of repair. If they choose to take out the goods, they must pay the freight in
.full
And if it becomes clear that repairing the ship within a reasonable period is not possible,
the captain must notify the cargo owners about that and then work on chartering another
ship to complete the voyage and bear the expenses that may arise from that. If he is not
able to do that, then it is inevitable for the owners of the goods to take out their goods and
are only obligated to pay the fare for what has been traveled, then each of them takes over
.the management of his affairs as he sees fit
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Perhaps the most important provisions for the captain are Article 108, which places on .87
him the duty to preserve the ship, its cargo, and the safety of the persons on board, and
then instituted him as a civil official if he made a mistake in performing this duty even if
the mistake was minor. The text does not refer to disciplinary or criminal liability due to the
.existence of special laws in this regard
The third chapter concerns seafarers and the maritime contract of work and is divided .88
:into two branches
The first is for general provisions, and the second is for a maritime labor contract. Article
109 begins the general provisions and clarifies in the first paragraph what is meant by the
term “seafarer,” it states that it applies to every person bound to a maritime work contract,
whatever the nature of work entrusted to him. The term includes the captain, officers,
engineers, doctors, administrators, mechanics, navigators, cooks, servants of restaurants
and rooms, and others who perform work on the ship under a work contract. The project
replaced the word “sailors” with the word “crew,” and if it is true that the last word is
widely used in the Egyptian maritime circles, his carriage is under suspicion and it is
worth noting that the definition of a seafarer is a comprehensive general for everyone
associated with a maritime work contract, then the project saw allocating the captain to
mention due to the multiplicity of his characteristics. He was considered a seafarer under
the provisions of the maritime work contract with regard to the contract he concludes with
.the supplier
As for defining the captain and others working on the ship and specifying the number of
seafarers who must be present in it and the conditions and qualifications that they must
meet, they are matters that the second paragraph of Article 109 left to the special laws,
.maritime customs and international agreements in force in Egypt
Articles 110 to 112 speak of the maritime passport and the authorization of work on .89
.ships
A maritime passport is required for every Egyptian working on a ship that sails outside the
Egyptian territorial waters. As for coastal navigation between Egyptian ports, the passport
is not necessary. Article 110 left the regulation of the provisions for granting passports to
.private laws 
Likewise, Article 111 obliges every person - Egyptian or non-Egyptian - who wants to work
on Egyptian ships to obtain a license from the competent authority, and left the regulation

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of the provisions of this license in turn to the laws and special decisions so that their
.change or amendment is flexible
As for Article 112, it aims to grant some advantages to the Egyptians, limiting them to work
English
in ships that carry out coastal navigation, towing, or guiding in Egyptian ports, but it
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of foreign navigators and guides with a special license in order not to lock
the door without the use of foreign expertise if necessary. It is noted that there is no
repetition between this text and Article 8, which in turn limits the towing and pilotage in the
Egyptian ports and the coastal navigation between these ports to Egyptian ships, because
the palace in this last article relates to the ship, whereas in Article 112 it is for seafarers. As
for Egyptian ships in general, the text was satisfied with requiring that certain percentages
of the number of seafarers who work in them and the wages they receive be allocated to
the Egyptians, but he did not specify these percentages, leaving the matter to a decision
.from the competent minister to facilitate its amendment whenever necessary
As for the provisions of the maritime work contract, Article 113 began with a definition -90
of this contract that is consistent with the characteristics of the work contract in general
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.after it has been developed to suit work at sea

Perhaps the first thing that draws consideration in the matter of the provisions of the
maritime labor contract is that the first paragraph of Article 114 does not exclude from
organizing this contract the general provisions contained in the labor and social insurance
laws except where there is a provision in the draft, in order to enable marine workers to
benefit from the rights and benefits established in These laws for employees are general. It
is based on this that the provisions of the draft are the ones that must first be applied to
the maritime labor contract, and if the project is devoid of the private text, the general
provisions stipulated in the labor and social insurance laws will prevail with the rights and
benefits they contain that are not covered by the project unless these laws exclude the
scope of their application Sea workers, and it is noticed in this regard that the project
deliberately left some details of how to implement the obligations arising from the
maritime labor contract to the special laws that must be considered as complementary to
.the provisions of the project and in its order of implementation
The second paragraph of Article 114 excluded persons who work on small ships whose
total tonnage is less than twenty tons. From the boys' class. 92. Article 116 speaks about
the number of copies made from the contract and the data mentioned therein. Neglecting
the mention of these data does not result in nullity. Rather, the contract cannot obviously
.perform its proof function except to the extent of the data it contains
Article 115 requires that the maritime labor contract be blanked in a document. And .91
writing here is not a condition of validity, but a condition of proof. The bill noted that the
matter may require the sailors to be used quickly without having time to write the contract,
so the seafarer alone was permitted to prove it by all means to protect him and preserve
his rights, a feature that the general rules were capable of determining for the sailor even if
no text was provided in this regard, because the contract is considered by consideration.
To the employer commercially, so it may be proven against him by all means, while looking
.at the seas he is considered a civilian and the general rules of evidence apply to him

Articles 117 and 118 talk about the duties of the seafarer, and the project has -93
deliberately begun to be clearly present in the mind and conscience of the seafarer that the 
rights and benefits that will come after that are not a grant without a price, but rather in
exchange for duties if he neglects them, he will have to reckon. These duties are

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summarized in performing the work entrusted to him, obeying the orders of the superiors
and not leaving the ship without permission so as not to cause chaos in its management.
Article 117 also obligated the seafarer to work in case of danger to rescue the ship and the
people English
who are on it and its shipment so that the sailor does not stand at the hour of the
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indifferently as if the matter does not concern him. However, the text did
not obligate him to do this additional work except in return for a financial reward to
.encourage him to do so
Article 118 specifically mentioned the duty to refrain from shipping goods on board the
ship for his own account except with permission, as he may be tempted by working on the
ship to embezzle transport operations to the detriment of the employer. The text did not
make the penalty for violating this prohibition the confiscation of goods for the account of
the employer, as the existing legislation did, as there is no place for such a perverted
ruling. Throwing the goods overboard if it threatens the safety of the ship or entails the
.payment of fines or expenses
Article 119 opens the employer's obligations to the basic obligation of paying the .94
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seafarer's wages in accordance with the terms of the contract or maritime custom. Articles
120 to 124 detailed the provisions of this obligation. She added a percentage to the wages
while traveling to be in exchange for expatriation. If the wage is set for the trip and it is
decided to shorten the travel, then the wage is not reduced, and on the contrary, it is
increased if it is decided to postpone the travel or prolong the trip. And if the sailor dies
during the voyage and was assigned to the voyage to go, then he deserved the full wage,
and if he was appointed to go and return and died while going, he is entitled to half the
wage, and he is entitled to him in full if he dies during the return trip. It is permissible to
advance seafarers from their wages, but within narrow limits, so that the seafarer does not
dispose of the advance for the greater part of his wages and does not have what is left for
him to meet his necessary expenses upon his return. Taking care of the interests of the
people whom the seafarer has in charge of spending on them, the project authorized them
to take the advance, and it is not permissible to recover it from them even if the contract is
canceled by the seafarer's own act, as it is most likely that the advance was spent on the
necessary affairs of the seafarer's family during the absence of its breadwinner. As for the
seizure of the seafarer's wages, Article 124 in this regard is referred to the general rules, as
there is no justification for determining exceptional treatment for marine workers in this
.field
Then articles from 125 to 129 continued to speak about the rest of the employer's -95
obligations, mentioning four obligations, all of which are outdated obligations that the
:maritime custom had made since ancient times, namely
Providing food to the sailor and ensuring his stay while traveling without charge. 3- -1
Paying the expenses of burying the sailor if he died while he was in the service of the ship,
whatever the cause of death, that is, if it arose from misconduct, as death erases the
.offense and the offender receives pardon by burying him
Treatment of the sailor free of charge if he was injured while he was in the service of the -2
ship, unless the injury was a result of misconduct, so the treatment is for a fee deducted
from the wage. This obligation shall be revoked if it appears that the injury is incurable,
and the situation is then covered by social insurance laws. And not only is it treatment, but
the injured sailor is also entitled to his full wages during the voyage. After its expiry, the 
provisions of the labor laws shall apply. However, the entitlement to the wage or other
entitlements depends on the behavior of the seafarer, and if the injury was the result of

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.disobedience, drunkenness, or misconduct, he is not entitled to anything

Returning the sailor to the homeland if something occurred during the voyage that -4
English
necessitates unloading from the ship, unless it was based on an order from the local
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of the seafarer himself. The Egyptian sailor who was appointed in
an Egyptian port is returned to this port. If he is appointed in a foreign port, he has a
choice between returning to this port or to any Egyptian port. The foreign sailor shall be
returned to the foreign port in which he was appointed, unless it was agreed to return him
to an Egyptian port. The obligation to return the sailor includes the costs of food,
accommodation, and transportation. 1- If the contract was for a fixed period and the period
expired during travel, the contract is extended by law until the ship enters the first
Egyptian port. However, if the ship passes after the end of the contract at the port to which
the sailor is returned, the contract does not extend until the time of the ship's anchorage in
this port (Article 130) and the extension of the contract in this manner is a matter of the
.obvious necessity of the safety of the ship
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Articles 130 to 134 spoke of some details regarding the termination of the maritime .96
:labor contract. Consideration is given to the following

If the contract expires with the death of the seafarer during the defense of the ship, -2
cargo or passengers, his heirs deserve special compensation, in addition to the
.compensation determined by the labor and social insurance laws
If the seafarer separated while traveling, he may not be obligated to leave the ship in a -3
foreign port without permission from the Egyptian Consul or from the local authorities
when he is not present. It goes without saying that permission should be granted only for
serious reasons such as rebellion, death threats, setting fire or other acts of misconduct
that endanger the ship, passengers or cargo. To prevent abuse, Article 132 requires that
the dismissal decision, its date and reasons be recorded in the seafarer's book, otherwise
.it is considered arbitrary
The contract of the seafarer assigned to the voyage shall expire if force majeure -4
prevents the commencement or continuation of the voyage, and the seafarer is not then
entitled to a wage except for the days he has actually spent at work, and he may not claim
.(any reward or compensation (Article 133
If the ship sank, confiscated, lost, or became unfit for navigation, the seaman is not -5
entitled to a wage except for the days he spent on the job. Nevertheless, the first
paragraph of Article 134 allows the court to exempt the employer from paying all or some
of the wages if it is proven that the damage occurred as a result of the sailors ’actions or
their failure to rescue the ship, passengers, or cargo. As for the second paragraph of
Article 134, it permits the employer to terminate the contract in the aforementioned case
.without prior notice
Article 135 establishes a short statute of limitations of one year in which the cases .97
arising from the maritime labor contract shall expire. The text not only deals with the cases
that the seafarer brings to the employer, but also includes the cases that the seafarer
brings to the seafarer, such as the lawsuit whose subject matter is the request mentioned
.in Article 134
Article 136 added a penalty for the employer to fail to fulfill his obligations stipulated in -98 
this chapter, without prejudice to any more severe punishment stipulated in other laws,
and to envisage the occurrence of the crime against more than one worker. The failure of

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.the article stipulated that the punishment is multiple. With the crime occurred in him
The project leaves the sailors to meet in the fourth chapter with other people who do -99
not work at sea but in matters related to the ship, and they are marine contractors and
English
maritime agents, whether they are an agent for the ship or an agent for the shipment, both
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an expression that the law transcribes from the term used in maritime
transactions. The more correct language of the law was to say "the supplier's agent" or
"the agent of the person concerned with the cargo" because agency is not about inanimate
.objects such as a ship or cargo
The draft began to speak about these persons with general provisions that bring them .100
together in one framework and aim to protect them by subjecting them to a law that they
are familiar with and comfortable with and by removing the burden of their responsibility
.with a short statute of limitations
In order to achieve this goal, Article 137 of the law applicable to the business or contracts
carried out by the contractor or the maritime agent is made the law of the port in which the
work or contract is carried out, and often the port in which the residence of the contractor
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or agent is located is the national law that is applicable. It is noted that the attribution in
the text is directed to the substantive provisions of the applicable law and not to the
.conflict of laws provisions in this law
Article 138 establishes for the contractor or maritime agent a unique right, which is to .101
permit the filing of his lawsuit against the employer or the client before the court in whose
circuit his home is located, in order not to bear the hardship of filing a case before the
court in whose circuit the defendant’s domicile is located, as the general rules require.
This rule does not only work in the domestic sphere, but also applies in the field of
international jurisdiction, and perhaps its benefit to the Egyptian contractor or maritime
agent in this last area is greater than in the domestic sphere, because it enables him to sue
his opponent in front of a court close to him who speaks his language and follows
.situations familiar to him
Article 139 establishes a period of two years for the employer or principal to sue .102
before the contractor or agent. It is noted that the text limits the lapse to the lawsuits that
the employer or the principal directs to the contractor or agent. As for cases in the reverse
:direction, they are not covered by the text, and therefore the general rules apply to them
Then the draft dealt with the “ship's agent” and stated in Article 140 that his original -103
job is to be on behalf of the supplier in carrying out the usual legal business necessary for
the ship and the voyage, such as purchasing supplies, fuel and spare parts, contracting
for repairs and collecting the transportation fee, and many other things, which are the
duties of the master. Originally, he may carry out it himself, and he may entrust it to an
agent, which is the prevailing situation at work due to the large number of needs of the
ship when it is docked in the port and the short time it spends on it, which necessitates
.preparing its needs in advance to find it ready and present upon arrival
Article 141 permits that, in addition to his original position, the ship’s agent be entrusted
with additional operations such as the receipt of goods in preparation for shipment upon
.arrival or for delivery to the consignee upon arrival
Article 142 establishes the responsibility of the ship’s agent towards the supplier on .104
the basis that he is an obligated wage agent - in accordance with Article 704, paragraph 2,
.of the Civil Code - to exert in implementing the agency the care of the usual man 
As for his responsibility for the loss or damage of the goods when he receives them for
shipment on the ship or after unloading them for delivery to their owners, the project was

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between two solutions, either assuming its error, and balancing this assumption by
specifying his responsibility similar to the responsibility of the shipping carrier, or he
bases the responsibility on the idea of the obligatory error Evidence and make it
English
comprehensive for all harm. A survey of the opinion of the companies involved in the
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Agency in Egypt revealed that they prefer the second solution,
.and the draft was approved in Article 143
Article 144 states the position of the ship’s agent, as it considers him the .105
representative of the supplier in the cases that are filed by him or against him in Egypt,
and his domicile therein is considered to be a citizen of the supplier who is declared in
judicial and non-judicial papers. This ruling will achieve great benefit for those who want
to make the announcement, as the text has prepared for him a resident person to direct the
.advertisement to
As for the freight forwarder, Article 145 defined him as a representative of the .106
concerned parties in delivering the goods upon arrival and paying the freight if they are
due. He is not only assigned to material work, such as receiving and storing the goods, but
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also with legal work, such as paying the freight and making reservations about the goods,
hence his capacity as an agent and the shipment agent performs great services for the
stakeholders in the goods because it is often not possible for them to be present when the
.ship arrives, so he receives the goods and maintains them. Until he hand it over to them
His capacity as a paid agent obliged him to exert in the execution of the agency the -107
care of the usual man. Article 146 concerned one aspect of this care, which is to preserve
the rights of the person concerned in the goods towards the carrier by making the
necessary reservations if he notices the loss of part of the goods or the delay in their
arrival. The text confronted the neglect of this duty with a presumption in which it was
assumed that the agent received the goods in the condition indicated in the bill of lading,
and it was not permissible to prove the opposite of this presumption in the face of the
person concerned with the goods, but this path was opened for him in the relationship
.between him and the carrier
Article 147 regulates the liability of the shipment agent, stipulating that he shall be .108
held accountable before the concerned parties for the goods he received, in his capacity
.as a remunerated agent and subject to the provisions of Article 143
Then the project dealt with the marine contractor in articles from 148 to 151, -109
beginning by stating his job, which is to carry out loading and unloading operations for the
account of the ship supplier or the person concerned in the cargo, whether a shipper or a
consignor (the first paragraph of Article 148). It is clear that these people resort to the
marine contractor to benefit from his experience in loading and unloading operations and
the tools and equipment that he possesses necessary for these operations, such as
.barges, sheds, deposits and others
The marine contractor may, in addition to this original work, perform other additional
operations, such as receiving the goods on land and maintaining them until they are
shipped or delivered to the consignee. However, these additional works are not included in
the position of the marine contractor unless he is assigned to them by express agreement
.((Article 148, second paragraph
The marine contractor works for the account of the one he is assigned to do, and is -110
not responsible except before him, and for this the second paragraph of Article 149 
requires the carrier - if the contractor is assigned to work based on instructions from the
person concerned with the goods or based on a condition in the bill of lading - to notify the

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contractor In fact, the situation is not delivered to the account of those who work and
.towards who is responsible
The marine contractor is responsible for what is entrusted to him about his mistakes -111
English
.and the mistakes of his subordinates, which is a mistake that must be proven
Powered ByTranslate (Https://Translate.Google.Com) Chapter Three
Exploitation of the Vessel
This chapter deals with the most important topics of the Maritime Trade Law, and -112
.around it other topics revolve
The owner exploits the ship in many ways. He may rent them equipped or not equipped,
and he may operate them for his own account in transport, towing, or piloting operations.
If it is true that direct exploitation is what takes place most in the work, then chartering
ships is not a rare matter, as large commercial establishments often need to rent an entire
ship or to Renting a part of it to transport the raw materials it imports or exporting the
products it manufactures. In fact, shipping companies themselves are often forced to hire
ships of other companies to face the pressure of transportation demands in certain
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.seasons
In the interest of clarity of the presentation, the project has allocated a separate chapter for
.each aspect of exploitation, even if some repetition is required
In the first chapter, the draft talked about leasing a vessel equipped and not equipped, -113
and combining the two types in general provisions before separating them into two
.separate branches
Article 152 opened the general provisions defining a vessel lease contract based on the
content of the contract, that is, the basic obligations it bears on both sides, an obligation
on the lessor to place a specific vessel at the disposal of the charterer for the duration of
.the contract, and an obligation on the charterer to pay the fare
Article 153 stipulated that the lease contract be blanked in a document, but it did not .114
make writing a valid condition, but merely a proof requirement, and it excluded the lease of
small vessels whose gross tonnage does not exceed twenty tons, leaving the lease to be
.proven according to general rules
To protect the rights of persons who contract with the charterer, such as shippers and .115
travelers, Article 154 does not provide for the sale of the chartered vessel to terminate the
lease contract. However, this protection is restricted not to harm the buyer, so the ship's
lease contract is not invoked if its period exceeds one year, unless it is registered in the
ship's registry, with the exception of small vessels whose total tonnage does not exceed
.(twenty tons, (Article 155
Articles 156 and 157 granted the tenant two important rights unless the contract .116
stipulates what contradicts them: The second: the right to sublease, and the second and
third paragraphs of Article 157 regulated the effects of this leasing, maintaining the direct
relationship between the lessor and the original tenant and confirming that there is no
such relationship between The lessor and the sub-lessee, but it permitted the lessor - as
an exception and in order to secure his rights - to recourse to this tenant within the limits
of what he owes to the original tenant, and the right to this recourse is derived from the
.text itself
First: the right to exploit the ship for transporting people and transporting goods even if
.they are not owned by him 
In order to secure the debt of the fare, articles 158 and 159 stipulate that the lessor .117

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has the right to seize the goods on board and the right to lien on them. It is clear that the
confinement or concession only applies to the goods belonging to the lessee. As for the
goods owned by others - such as the shipper - they are a guarantor of the freight owed to
English
the lessee (the carrier) and the lessor does not benefit from this guarantee unless he uses
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right and the name of this debtor to refer to the person concerned with the
.goods
In order to ensure the regularity of maritime navigation, Article 158 requires the release of
imprisoned goods if the debtor submits a bond sufficient to cover the debt. It also
necessitated its removal and deposit in order not to delay the voyage or to sail the ship
.carrying goods seized on it
Article 160 concluded the general provisions with a provision in which it deviated from .118
the general rules, which was to drop the idea of tacit renewal upon the expiration of the
vessel's lease contract. The contract is not renewed, and the situation is so, without an
explicit agreement. The justification for this solution is that the owner of the ship often
leases it before the end of the contracts underway on it, so that the leases are successive
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.without interruption and exploitation is not suspended

Then the project moved to the two types of leasing, dealing with each of them -119
separately and starting with the lease of the vessel “not equipped” intending by this
terminology one of two modes: either renting a ship naked without seafarers, supplies and
supplies except the minimum number of tools and equipment necessary for its safe
operation at sea, Or rent it out with incomplete equipment. In both cases, the lessor is
.(obligated to place the ship at the disposal of the charterer in the agreed state (Article 161
Article 162 clarifies how this basic obligation is to be carried out, requiring the lessor .120
to place the vessel at the disposal of the charterer at the time and place designated for
navigation in general and for the agreed-upon use in particular, and it kept the lessor as a
guarantor of this authority throughout the contract term. That is why I obligated him to
repair the damage that befalls the ship if that resulted from force majeure, a self-defect, or
normal consumption. It is based on this that there is no guarantee on the lessor if the
damage resulted from the act of the charterer or his use of the ship in an unusual use or
for a purpose other than the agreed upon purpose. Rather, the lessee is obligated in these
.assumptions to repair the damage
And if the lessor was able to repair the damage in twenty-four hours and the ship was
returned navigable, the accident would have passed without consequences. If the vessel
.remains idle for more than that, it is not entitled to the fee for the extra period
In this type of chartering, the charterer owns the navigational and commercial .121
departments of the ship, and for this reason articles from 163 to 166 are obligated to use
them for normal use and for the agreed purpose, to maintain them, to repair the damage
attributed to him, to contract with seafarers and to pay their dues and to pay exploitation
and insurance expenses. The vessel was returned upon expiry of the contract. Whereas
the return of the ship on the agreed date is one of the essential matters for the lessor
because he is the one who enables him to implement his obligations arising from the
subsequent leases that he may have concluded, the last paragraph of Article 165
stipulated a financial penalty to be inflicted on the lessee if he was late in the response and
the text has taken it. Kindly, obligate him to pay the equivalent of the fee for the first fifteen
.days, then double the fee if he continues to delay more than that 
Article 167 sets forth a short limitation of two years for the lawsuits arising from the .122
lease of the ship not equipped. The period shall run from the date of returning the ship to

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the lessor or from the date of its removal from the ship registry in case of its loss. This
statute of limitations includes all lawsuits that arise from the contract, whether they
.include what the lessor brings against the lessee or what the lessee directs to the lessor
English
As for the rental of an equipped vessel, it takes place in two forms: the charter for a -123
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a specific voyage, and the leasing for a specific period and the
project combined the two images in common provisions before dealing with both of them
.separately
The common provisions revolve around four issues: The .124
first is the obligation of the lessor to place the vessel equipped at the disposal of the
charterer, which requires it to be navigable and for the agreed purpose, and to be fully
.(equipped (art. 168
Second: The responsibility of the lessor for compensation for the damage that befalls the
goods that the charterer places on the ship. The lessor has the right to pay this
responsibility by proving that he has fully fulfilled his obligations, or that the damage did
not result from his default or the default of his subordinates, which requires that the
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foreign cause be proven, such as force majeure or the action of others or the self-defect in
the goods or the act of the lessee or the actions of his subordinates (Article 169) . It is
noted that the project did not open the way for the lessor to disavow responsibility by
proving that the damage resulted from a "navigation error" on the part of the shipmaster or
his subordinates, because the project undermined the payment of the navigation error in
.every area
Third: The responsibility of the charterer to compensate for the damage suffered by the
ship or other goods shipped therein if the damage results from the use of the ship in a
.(defective use or from a defect in the goods (Article 170
Fourth: Determine a period of two years in which the lawsuits arising from the lease
contract for the equipped vessel are dropped. Article 171 clarifies how the period begins in
.the cases of flight leasing and leasing by term
Then the project moved to “leasing by flight,” so it was mentioned in Article 172 -125
without limiting the data included in the lease contract, and he did not explain the effects
of not mentioning it, leaving the matter to the general rules. However, the contract cannot
.in any case perform its role in evidence except In the range of data it contains
Article 173 of the obligations of the lessor detailed what was mentioned in Article 168 .126
in general, requiring him to present the ship at the specified time and place, fit for
navigation, equipped with what is necessary to carry out the voyage or voyages agreed
upon. This obligation remains dependent on the liability of the lessor throughout the
duration of the voyage, so that if it is necessary during that time to repair the ship or
.complete its preparation, the lessor is obligated to do so
Article 174 preserves the charterer both the shipping and commercial management of .127
the ship, which is a logical situation because the lessor is the one who supplies the ship
with supplies, equipment, tools and sailors, and he is the one who intends to carry out the
voyage, and he is also responsible for it. It is known that management is where the
.responsibility is
Articles 175 to 180 relate to the obligations of the lessee. It was particularly concerned .128
with his commitment to observing the deadlines for loading and unloading (and the Arabs
used to call it the days of the sheds) so that the ship would not remain anchored on the 
dock for a long time while waiting for the goods to be placed in it or unloaded from it,
which would cause damage to the lessor and result in a defect in the regularity of work in

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the port. Article 175 left the method for calculating the time limits and their entry into force
to the custom prevailing at the port of loading or unloading, depending on the
circumstances, and where there is no special custom, the general maritime custom
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.applies
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Article 176 clarified the penalty for not observing the deadlines, and gradually included in
the penalty for the possibility that the tenant’s circumstances forced him to delay, giving
him a first additional period during which the lessor deserves daily compensation
determined by the contract or custom, and then a second period in which half of the daily
compensation is added, all of this if the damage does not exceed the compensation If it
exceeds it, an appropriate compensation shall be decided. It is evident that the
compensation is due in all cases, unless the delay in loading and unloading is attributable
to the lessee, the consignee, or her dependents. If it was caused by force majeure, the
failure of the lessor, or the mistake of his subordinates, then no compensation. The daily
.compensation is considered one of the fare extensions and its provisions are applied to it
The shipment period does not complete the unloading period unless it is agreed upon to
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incorporate it, so the lesson then is to complete them within the specified time limit
regardless of what time the person concerned has spent on the goods from time to
complete each of them separately. It is based on the rule of not linking the charging period
and the unloading period, that if the charterer is able to complete the shipment before the
end of the specified time limit, then the savings from it shall not be added to the discharge
period. Article 177 authorized the agreement to grant the lessee a reward if he hastened to
complete the loading and unloading before the deadlines set for their completion, so that
the reward would be the reward of vigor as the daily compensation was a punishment for
.negligence and inaction
If the time for loading or unloading expires without the charterer fulfilling his obligation, he
is considered to be in default of implementation, then the lessor may, according to the
general rules, request the annulment of the lease contract with compensation. This
termination does not cause difficulty in the case of failure to ship, unlike the case when
unloading the goods where the goods are in the ship and the matter is needed Article 178
confronted this situation and authorized the shipmaster to unload the goods at the
expense and responsibility of the person concerned with it, but obligated the captain to
take the necessary measures to preserve it in order not to abuse the authority and dump
.the goods on the dock and then sail a ship without concern for its fate
The charterer has the right to ship what the ship absorbs in accordance with the terms of
the contract. If he charges less than that, then he has no right to reduce the fare (Article
179) because the ship was at his disposal at the start of the voyage and remains at his
disposal during the course. The lessor is prohibited from using it without his permission
.((Article 180
Articles 181 to 184 provide for some of the issues raised by the expiration of the lease .129
contract. Article 182 permits the lessee to terminate the contract before starting to ship the
goods in exchange for compensation to the lessor for the damage. And adding Article 183,
his right after the commencement of travel to request unloading of his goods before
reaching the agreed port, provided that the fare and unloading expenses are paid in full.
These two provisions have practical significance in international trade, as it may be that
the tenant's intention from the lease is to transfer the goods he sold to a commercial 
establishment, then the sale is annulled before shipment or the establishment is declared
bankrupt during travel, so that the lessee does not have any need for the rent after that, so

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it is good legislation to enable him to terminate the contract without Neglecting the
.lessor's right to make reparation for the damage he inflicts on that
Article 181 stipulates the termination of the contract without compensation on both sides if
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it is impossible to start the travel due to force majeure or the risk of trade with the country
Powered ByTranslate (Https://Translate.Google.Com) .in which the port of discharge is located

Article 184 confronted the purpose in which force majeure temporarily prevented the
initiation or continuation of travel. The basic rule for this purpose is that the lease contract
remains in place and enforceable as long as the matter is no more than delaying travel or
stopping it for some time, and the fare is not increased in exchange for the days of
suspension. However, the interest of the lessee may not be able to wait, so the text permits
him to take his goods out of the ship to face the situation with an appropriate solution,
such as searching for Another ship or other means of transporting the goods, and if the
charterer removed the goods and they remained in the port until the effect of force majeure
was removed and the original ship was ready to travel, he may re-ship the goods in it,
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because the contract is still valid as we presented, whatever the solution that the charterer
chooses, he must pay the fare in full And the expenses of removing the goods from the
.ship and returning them to it
There is no doubt that the payment of the agreed rent is the most important obligation -130
of the lessee. However, circumstances may arise in which the entitlement to the rent or its
full entitlement becomes subject to consideration. Articles 185 to 188 confront these
.circumstances and devise an appropriate solution for each of them
If the travel starts and it becomes impossible to continue with it for a reason that is -131
not due to the lessor or to his dependents, the charterer is obligated to pay the fare, but
only as much as the travel has been accomplished (Article 185). Two remarks appear on
:this text
A) The lessee is not obligated to pay the fare in the first place if the transfer resulted from)
the act of the lessor or from the action of his subordinates, as if they set fire to the ship or
.destroy its equipment, so it was impossible for it to continue the walk
B) This text must not be confused with Article 181 which provides for the termination of)
the lease contract if a force majeure arises with which it is impossible to start traveling,
because this last article faces the imposition in which the impossibility occurs before the
start of the travel while Article 185 speaks about the imposition in which the impossibility
.occurs After the ship has set sail
If during travel what is impossible to reach the port of discharge, Article 186 obliges -132
the charterer to direct the ship to the nearest port and then search for another ship or
other means of transporting the goods to the port of discharge, the lessor shall bear the
expenses of this transport, and the charterer shall bear it if it is impossible to reach the
port. The aforementioned stemming from a temporary force majeure, such as closing the
port due to a revolution or an epidemic. In all cases, the lessee is obligated to pay the rent
.in full
If the goods that the charterer put on the ship perishes, they are not worth the fee -133
(Article 187, first paragraph). It is assumed, obviously, that the death occurred by force
.majeure or by the action of others who have the elements of force majeure
If it is fair then that the two parties share the effects of the accident, so the lessee loses his 
goods, and the lessor is lost his wages, unless the lessee accepts the risk, then he is
.obligated to pay the rent in all cases, that is, even if the goods perished

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If the loss was due to the act of the lessor or the act of his subordinates, then he must
compensate according to Article 169, and it goes without saying that the tenant is not
.obligated in this imposition in turn to pay the rent
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But if the loss was due to the act of the lessee, then the second paragraph of Article 187
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full rent. The matter that stops looking at this text is that among the
reasons he mentioned for the entitlement of the fare is that the shipmaster is compelled to
throw the goods into the sea or destroy them in any other way because of their “danger,
harm, or prohibition of transporting them.” However, the text stipulates for the fare to be
entitled in this assumption that the lessor is not aware of the truth The goods are time
shipped. If it is proven that he knew about it, the fare would be lost for him, since it was his
.duty to prevent the goods on board
The fee is due in full for the animals that spend during the travel, provided that it is not due
to the fault of the lessor or the mistake of his subordinates (Article 187, third paragraph).
135- As for “leasing for a period,” Article 189 begins its provisions by enumerating the data
that are mentioned in the contract, and it is an enumeration that was not mentioned by way
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of prohibition, and neglecting to mention some data does not inevitably result in nullity.
Rather, this negligence prima facie weakens the contract’s ability to prove various aspects.
.the agreement
Destruction alone in the aforementioned circumstances exempts the tenant from -134
paying the rent. As for the damage of the goods, the decrease in their quantity, or the
depreciation of their value during the trip, this does not justify the failure of the lessee to
pay the rent or a request to reduce it. Article 188 confirmed this meaning in one of its
applications, stating that the lessee is not absolved from the obligation to pay the rent by
leaving the damaged or missing goods to the lessor, authorizing another form of the in-
kind leave system. 136. Articles 190 and 191 spoke of the obligations of the lessor,
requiring him first to provide a navigable vessel equipped with what is necessary to carry
out the type of transport indicated in the contract. And the obligation here - as in the case
of the voyage lease - is a survival obligation that remains dependent on the lessor for the
duration of the contract, which requires that he carry out the repairs and equipment the
.ship needs during that period

As for the management of the ship, Article 191 preserved the shipping administration of
the lessor and transferred the commercial administration to the lessee. It is based on that
:that the master receives instructions from two sides
from the lessor with regard to technical affairs of navigation, and from the charterer with
regard to commercial affairs, such as issuing bills of lading, specifying the route of the
ship and the ports to which it heads, and how to implement the loading and stowage
.process, setting breaks, unloading and delivery
The reason for which the project divided the administration in this respect between the
lessor and the lessee while collecting it and entrusting both parts of it to the lessor in the
case of the voyage lease, is that this last lease relates to a trip or certain voyages and
commercial operations that have been determined before and their expenditures were
estimated in advance, so after the conclusion of the contract the matter does not need to
Refer to the tenant regarding it. In the case of a period lease, the ship is placed at the 
disposal of the lessee for a specific period, so he uses it in his affairs and directs it to
where these affairs are required. The ship may leave the port of Alexandria, for example,

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heading to the port of Marseille to unload the merchandise of the charterer, and then on
the way, he may direct it to the port of Piraeus to drop part of the goods or to take other
goods. The ship may sail from the port of Alexandria on a tourist trip organized by the
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charterer to visit the ports of the Mediterranean and then issue an order to the captain to
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through certain ports or to other ports to take other tourists and so
.on
As for the lessee, his primary obligation is to pay the rent. Articles 192 and 193 spoke -137
about the circumstances that arise, either exempting him from this obligation or permitting
.him to request a reduction in the rent
Article 192 stipulates that the fare is due in full, even if the ship stops working for some
time due to navigation accidents such as sea frenzy, storms, or the congestion of the port
berths. Nevertheless, if the ship was damaged and needs to be repaired for a period
.exceeding twenty-four hours, the fare is not due during the extra period
Article 193 absolves the lessee from the obligation to pay the fare if the vessel perishes or
becomes unfit for navigation due to force majeure or the action of the lessor or his
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.subordinates
If news of the ship is interrupted and then it is revealed that it has been destroyed, the fare
.is not due until the date of the last news about it
And if the charterer refuses to pay the fare owed by him, Article 194 granted him three
days after being excused to pay, and if he remained in his condition reluctant or unable to
do so, the lessor recovered the right to dispose of the ship. And the restoration of this
right does not need to be judged, but rather falls under the rule of law. The text did not
neglect the interest of the lessee, so it required the lessor to transport his goods in the
ship to the port of arrival in exchange for a similar fare and compensation if he had a
.place
The second basic obligation on the charterer is to return the ship at the end of the -138
lease period. Article 195 regulates this obligation and stipulates that the response be in the
port in which the ship was delivered to the charterer unless otherwise agreed upon, and
the contract will extend by law until the end of the voyage if the period expires. During
travel, and after the reduction of the fare, if the charterer returns the vessel before the end
.of the lease term, unless there is an agreement on the reduction
In the second chapter, the draft dealt with the two types of maritime transport .139
contracts (the transport of goods and the transport of people), and their regulation
.followed the latest international trends
In the field of cargo transportation, the project used the provisions laid down by the
agreement prepared in 1976 by the International Trade Law Committee (INTERAL) of the
United Nations to replace the 1924 Brussels Agreement regarding the unification of some
rules of lading bills and the Brussels Protocol of 68 amending its provisions, which was
approved at the Hamburg conference On 3/31/78. And at the forefront of the ideas that the
project conveyed about the new agreement is the regulation of the responsibility of the
carrier in a way that achieves serious protection for the shipper, because the Brussels
Agreement and the protocol that followed it, and if they achieved some progress in this
field, they remained on the side of the carrier under the pretext of the risks to which
transport by sea is exposed, an argument that was dropped by technological progress In
maritime navigation, in addition to the fact that transport by sea is not outweighed in its 
risks by other types of transport, especially air transport, in which responsibility in its field
.has been organized in a way to achieve a fair balance between the conflicting interests

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The matter was not limited to the responsibility alone, but the project transferred other
ideas from the new agreement, such as organizing container transport, organizing legal
relations in the event of a contracting carrier and an actual one, and amending jurisdiction
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provisions in a way that facilitates the parties to the transport contract to sue each other
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.before regular courts or before arbitration panels
The same was the case with the project also with regard to the transportation of people, to
follow the modern international trends that were adopted by the Atena Agreement
.concluded on the thirteenth of December 1974
The draft spoke about both the transport of goods and the transport of people -140
separately, but it combined them before separating them in Common provisions. The
maritime transport contract defined in Article 196 with the assistance of the basic
obligations that the contract creates on both sides, an obligation to transport the carrier,
.and an obligation to pay the freight on the shipper or traveler
Article 197 stipulated that the contract be blanked in a document, but it did not make
.writing a valid condition, but rather a condition of proof
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In Article 198, he addressed a fundamental issue, which is defining the scope of

:application of the provisions of the carriage contract, the following two principles
The provisions of the carriage contract shall apply, regardless of the capacity of the -1
.carrier, the owner of the ship, or the supplier or charterer of it
If there is a conflict between the provisions of the transport contract and other -2
provisions mentioned in the project, then the provisions of the transport contract are more
likely. This conflict occurs in particular if the carrier is the owner of the ship, as the
question is then presented: Which provisions are applicable to his liability, are the
provisions for the responsibility of the owner, or the provisions for the responsibility of the
carrier? Article 198 replied that it is the provisions of the responsibility of the carrier,
expressing this by saying that the provisions of the carriage contract apply "exclusively",
.regardless of the capacity of the carrier
Then the project moved to “cargo transportation,” which is, at the present time, a -141
transport in which the plane could not compete with the ship due to the huge size of ships
and their ability to accommodate large quantities of cargo, unlike the case in transporting
people where passengers prefer to use the plane for transportation because of the
availability of Time and expenses, so the ship lost in this area what it would have had when
.it was the only means of transportation between continents
The project opened the provisions for transporting goods by speaking in the "bill of
lading", which is the important document in this type of transport. Article 199 mandates
the carrier to issue a bill of lading upon receipt of the goods. It permits the carrier - based
on what is sometimes being done on him - to suffice with giving a receipt for the delivery
of the goods, provided that he replaces it with a bill of lading after placing the goods in the
ship. It also permits the shipper - after completing the shipping process - to request the
carrier to place a statement on the voucher stating that the shipment has occurred and its
.date
Article 200 enumerates the data mentioned in the bill of lading, which is an .142
enumeration that is provided for example, but not limited to. Neglecting the mention of
some data does not result in nullity. Rather, the bond cannot a priori play its role in
evidence except within the scope of the data it contains, and it cannot perform its 
economic function as a tool for dealing with the goods while they are on the road unless
the data related to them are complete. Among the data mentioned in the text was the

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"distinctive marks" placed on the goods. Given the importance of these marks in
identifying the goods upon arrival, Article 201 drew attention to the necessity of its
sufficiency, clarity and placement in a way that ensures that it remains legible until the end
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.of the trip
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Article 202 stated that the bond is issued in two copies, one of which is delivered to .143
the shipper, and the other remains with the carrier, and this number is consistent with what
is actually being done. The carrier - or the captain in his capacity as his representative -
signs the copy that is delivered to the shipper. The signature in this field has a special
meaning in line with the modern scientific methods used in signature. Only the signed
copy is negotiable and gives its legal bearer the right to deliver the goods. It is permissible
to make several copies of them, and if the carrier delivers the goods on the basis of one of
.them, the other shall be considered canceled with respect to him
:Article 203 spoke in the form of a bill of lading. This form depends on two matters .144
How to trade the bond, by civil transfer if it is nominal, by handling if it is for the bearer, -1
and by endorsement if it is for the order. The project did not wait for the Egyptian
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commercial law to develop in the matter of the circulation of sukuk. It stipulated that the
mere signature on the back of the bond is considered an endorsement of the ownership
.transfer
Appointing the legal bearer of the bond, and Article 204 designated him as the -2
consignee mentioned in the bond or assigned to him if the bond is nominal, and its bearer
if the bond is for the bearer or appearing on a blank, and the last appearance to him if the
bond is for the order and the name of the endorser is mentioned in it and in relation to this
Clarity The carrier does not find any embarrassment in delivering the goods to the rightful
.owner of delivery, and he is assured that this delivery will absolve his liability
Article 205 opens the shipper's obligations, requiring him to provide data on the .145
goods in writing to be recorded on the bill of lading. The data must be truthful and match
the condition and nature of the goods. The carrier may verify this because he will be
responsible for delivering the goods in the condition indicated in the bill of lading.
However, the carrier may not have time to inspect the goods and verify their weight, size,
nature and other data provided to him, and he or the port in which he is located may not
have the physical means to conduct this examination, and for this Article 205 permits him
.to make “reservations” when registering Data in the bill of lading
Whereas the excessive use of this license weakens the authenticity of the bill of lading and
suggests doubts about the goods, the text surrounded it with two restrictions: the
existence of serious reasons for doubting the validity of the statement, and the reasons for
reservation were mentioned in the bond. This last restriction should not be interpreted by
requiring that the reasons for the reservation be stated in detail and in detail, if the captain
may not have time for that and may find embarrassment to mention details of the
justifications for the reservation, then it is better for the judiciary to be satisfied with the
.overall, which gives a clear idea of the seriousness of the reservation
The text paid particular attention to dangerous, inflammable or explosive goods, so it
obligated the shipper to notify the carrier of their danger, so that he had a choice between
refusing to transport them or accepting the transport while taking the necessary measures
to prevent them. The text also obligated the shipper to place a statement on the goods to
.warn of their danger whenever possible 
Article 206 establishes the shipper to be liable to the carrier for compensation for .146
damage that results from incorrect data. This includes failure to notify the dangerousness

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of the goods and neglecting to put statements on them to warn of their danger. The
shipper might think that he evaded this responsibility by relinquishing the bill of lading to
others, but the text disappointed him and kept him responsible, because he was the one
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.who committed the sin, so it was right that he should bear his responsibility
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Powered ByTranslate the type of fraud prevalent in the work, and the form of which is -147
that the shipper and the carrier agree to issue a “clean” bill of lading, meaning free of
reservations about the goods, in exchange for the shipper’s pledge to compensate the
carrier for the damage he incurs as a result of that. The shipper will often provide a letter
of guarantee to cover this undertaking. The fact that the motive for this act may be
innocent in some of the assumptions, as if the shipper wants to avoid re-counting the
goods or weighing or measuring their size due to lack of time or for their bulk, or to avoid
the expenses of disassembling them and then repacking them, or because it is impossible
to do any of that due to the lack of adequate means in the port, However, it is more likely
that the goal is malicious in order to mislead others, such as the believer or the buyer to
whom it is addressed. That is why the text stripped such an agreement of effectiveness
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towards a bona fide third party, who did not know at the time of obtaining the bond that the
data on the goods were incorrect, and whether the shipper or carrier was good or bad
faith. The text stipulates that it is good for the addressee to benefit - if he is in good faith -
from this protection, so it is considered by others in his judgment to cut off any doubt
about this quality. It is assumed that the goods are sent to someone other than the shipper.
If the shipper sends the goods to himself and he is a shipper and a consignor at the same
.time, then the protection stipulated by the text does not cover him
The draft did not stop at merely determining the shipper's liability for the damage that -148
results from incorrect data provided by him on the goods. Rather, it added in Article 208 a
preventive solution, which is the choice of the captain - in his capacity as acting on behalf
of the carrier - between removing the goods from the ship or accepting their transfer in
exchange for a similar fee. . And if the captain did not discover the existence of the goods
except during travel, he may order dumping them into the sea if their presence threatens
the ship or other goods, or if their transportation requires payment of fines or expenses
.exceeding their value, or if their sale or export is forbidden by law
Article 209 singles out dangerous goods for mention and permits the carrier - if they are
placed on the ship without his knowledge - to take them out at all times, destroy them, or
keep them on the ship with removing their danger without any liability to him. But if he
knows the nature of the goods when they are shipped, then he may not take them out of
the ship unless their danger threatens the ship or cargo. There is no liability on the carrier
.in this imposition in turn, except in relation to joint losses if they are relevant
Article 210 speaks of the authenticity of the bill of lading, stating that the issuance of .149
the bond is evidence of itself that the carrier received the goods from the shipper. If the
bond is "clean" then it is assumed that the carrier has received the goods in the condition
indicated therein, and if it is mentioned in the document that the shipment took place on a
specific ship and on a certain date, the bond becomes evidence that the shipment actually
took place on this ship and on this date. The authenticity of the bond is not limited to
proving the receipt of the goods and their shipment, but the bond is also considered an
argument in proving what it contains of other data, such as specifying the port of shipment
.or the port of discharge or the amount of the fare due upon arrival 
The bond is a proof of proof in the relationship between the carrier and the shipper and in
the relationship between each of them and others. But the difference between the

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:authenticity of the chain of transmission is in the two hypotheses

With regard to the relationship between the carrier and the shipper, the bond has nothing
but relative authenticity, so each of them may prove what contradicts the evidence
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extracted from it, so the carrier, for example, may prove that he has received the quantity
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mentioned in the voucher or that there are secret reservations about its
condition. The shipper, in turn, may prove the incorrectness of the statement concerning
the appointment of the port of discharge, or that a part of the freight is due upon arrival.
.And this or that evidence is according to the general rules
As for looking at others, it is not permissible to prove what contradicts the bond, but it is
permissible for others to prove that, and he performs this proof in all ways because he was
not a party to the transport contract. If it is stated in the bill of lading that the weight of the
goods is one thousand kilograms, for example, the shipper may not prove in the face of
others - such as the insured - that the quantity is more than that in the hope of obtaining a
greater compensation. On the contrary, the insured would be entitled to prove that it is less
than that in order to pay less compensation, and the idea behind this ruling is to protect
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the outward appearance. It goes without saying that a third party does not enjoy this
protection unless the good faith does not know that the statement mentioned in the bond
is incorrect. Once again, the draft confers its protection on the consignee, so it considers
.it to be a third party according to Article 210
As for the freight receipt, it is evidence that the carrier has received the goods from -150
the shipper in the condition indicated in it unless the carrier proves otherwise. (Article 211)
.The general rules regarding mock shame shall be applied in this regard
In line with the work being done, especially in the transportation of bulk goods, Article .151
212 permits the issuance of permits for the delivery of certain quantities of goods,
.provided that this is stipulated in the bill of lading
Before the project moves to the obligations created by the contract of carriage, he .152
paused at a question on which the fate of these obligations depends, which is whether the
sale of the ship entails the termination of the transport contracts associated with it? Article
213 replied negatively, because this annulment - if permitted - harms international trade
.and places shippers in severe embarrassment
It is based on this that the contract of carriage remains in effect before the buyer and the
.obligations and rights of the carrier transfer to him
Who shall bear the expenses that arise from the use of the other ship and the freight on it,
and the shipper is obligated in all cases to pay the freight in full as long as the goods have
.reached the port of arrival
As for the shipper's obligations, they are to deliver the goods to the carrier in -155
.preparation for shipment and to pay the freight
Article 218 deals with the first obligation, stating that surrender takes place at the agreed
upon time and place. In the absence of an agreement, custom applies at the port of
shipment, and the issue of assessing compensation when failing to observe the date of
delivery is left to the agreement of the two parties and the general rules, but it stipulated
.that the compensation should not exceed the amount of the fare in order to prevent abuse
As for the obligation to pay the fare, articles 219 to 221 have separated some aspects of it.
If the fare is due upon arrival, the shipper is not obligated to pay it alone, but rather the
consignee is bound by it also if he accepts the goods and the source of his commitment is 
the bill of lading, and if it is not mentioned in the voucher that the fare or part of it is due
Upon arrival, it is assumed that the carrier has taken possession of it completely from the

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shipper, which is a simple presumption in the relationship between the carrier and the
shipper, absolutely categorical with regard to the goodwill third party. And the consignee
is considered by others in this place in turn. Fees are due for the goods that the
English
shipmaster decides to dump into the sea, taking into account the provisions of joint
losses, and ifTranslate
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the goods perish, the fare is not due. As for the deterioration of the goods or
the decrease in their quantities or their value during travel, this does not justify refraining
from performing them completely. The cleared loss of the fare debt is that which occurs
with force majeure or the carrier's negligence, and if it is due to the act of the shipper or
.due to a defect in the goods, it has no effect in implementing the obligation to pay the fee
Articles 223 to 226 talked about the provisions of delivering the goods upon arrival, -156
and the basic rule in this regard is that delivery must occur to the legitimate bearer of the
bill of lading, and the draft has made the matter easier for the master in Article 204, which
specifies who is the legitimate bearer of the bond and the goods are delivered to an agent.
The shipment is the place of delivery to the legitimate carrier because he is his agent in
this regard. Handing over a copy of the bill of lading to the carrier is an presumption that
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he delivered the goods to the rightful person to receive them, but it is a simple
.presumption that may be undermined by the reverse evidence
And if a number of people compete to receive the goods from the master, who carry copies
of the negotiable bill of lading, then most likely the shipmaster does not bother looking for
who has the preference in receiving the goods, so he deposits them with a trustee and
assigns him to deliver them to whoever comes forward - with a ruling that gives him the
right to receive them. And if the copying bearer submits to the master in succession -
which is the prevailing duty in the work - he will absolve him of his liability by handing
over the goods to the bearer who comes to him first. It is clear from this that crowding out
the delivery does not matter to the master and does not delay him from disposing of the
goods to resume travel, and that the real dispute between the copy bearers is of a legal
:nature only, and Article 225 has confronted it with the following distinction
If competition occurs and the goods are still with the master or with the trustee who
delivered them to him, the preference is for the bearer of the copy in which the first
endorsement is prior to the endorsement of the other copies, because it is the first copy
that was released into circulation, and the endorsement that signed the ownership of the
goods was transferred to the endorser to him and then the endorsement took place. The
.other copies on the goods of ownership of the goods are subject to endorsement
And if the competition occurred after the master had delivered the goods to the first carrier
who came to him and then another bearer appeared bearing a copy of a previous
endorsement over the endorsement of the bearer who received the goods, the preference
is for the latter because he actually possesses the goods, and if he is in good faith, he may
adhere to the rule of possession in the movable title deed This solution is consistent with
the provisions of Article 954 of the Civil Code, which favors the right of the one who
.receives the goods over the right of the one who received their documents only
Article 226 deals with the purpose in which the consignee does not attend to receive the
goods, or he attends and refuses to take delivery for one reason or another, or refrains
from paying the fare and other sums due on the occasion of transport, all of which are
assumptions that require prompt action so that the ship does not remain sitting on the
dock waiting for the arrival The person concerned in the goods to receive them or to pay 
the sums due on them. In order to ward off this damage, the text permitted the carrier to
obtain an order from the judge of temporary matters to take the goods out of the ship and

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deposit them with a trustee, and it also permitted him to request their sale in order to
collect the transport fare and other amounts due on it. In order to ensure the rights of the
.carrier, the text decided for him a lien over the price of the goods
English
Then the project transferred to the responsibility of the carrier, and introduced in this -157
regardPowered ByTranslate
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regime in this regard the provisions of the American Harter Act - it
remained, in essence, influenced by the removal of some unfairness from the shippers,
especially by nullifying some aspects of the conditions for exemption from liability,
invoking the provisions of the American Harter Act. In essence, it remained influenced by
the principles that settled in English legislation at a time when the British merchant fleet
was the master of the world's fleets and the monopoly - or almost - of most international
shipping operations, which explains why these principles were in the interest of the
carriers and decided to protect the shippers.This English character in the agreement
begins not only in the way it was formulated or in the terminology it used, but in its clear
bias towards the carriers by enabling them to evade responsibility by hiding behind a
plethora of defenses and exemptions, especially the exemption for the navigation error
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that was misused in the work so that the carriers' haven became whenever The doors of
defenses and other exemptions were blocked in front of them, a matter that the jurists
rarely mentioned, and the shippers were uprooted, and everyone called for the need to
.reform it
Needless to say, reforming this situation was not the aim of the transporting countries with
huge commercial fleets, as they were satisfied with it, but the reform was the demand of
the shipping countries from developing countries. It was natural for the United Nations to
intervene in this conflict to calm it down with a new agreement that establishes justice
between the two opposing interests, so it entrusted its International Trade Law Committee
to prepare a draft of this agreement, and after nearly seven years of hard work the
committee was able to prepare a project deposited by the summary of legal thought In this
regard, taking into account the technological progress in maritime navigation. The project
satisfied both the carrier countries and the shipping states. This new agreement was
.approved at the Hamburg conference on 3/31/1978, as previously mentioned
This agreement is the one that the project used its provisions in the area of responsibility
of the carrier, not only in his desire to keep pace with the global ranks, but also in
conviction that the aforementioned provisions are consistent with the interest of Egypt,
which, even if it has a commercial fleet that is hoped for growth and progress, is still
among the shipping countries concerned with protecting shippers Prior to over-caring for
suppliers. Nevertheless, the draft did not convey the provisions of the agreement verbatim
and completely. Rather, it acted in its phrases in accordance with the Egyptian traditions in
.drafting texts and contradicting them in places that require the interest
Article 227 begins with two important matters concerning the provisions on liability .158
:for loss and damage
First: Determining the principle of liability by saying that the carrier is a guarantor of
perdition and damage, which is an expression that carries the meaning that liability is the
principle and its establishment does not need proof, and its denial is an exception that
.requires evidence of evidence
Second: Determining the scope of application of the special provisions laid down by the
project in the matter of liability, and the text began to define the time range, limiting the 
application of these provisions to the period between the delivery of the goods to the
carrier at the port of shipment and his delivery to the person entitled to receive it at the

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port of discharge, either before this period or After that, the liability of the carrier shall be
subject to the general rules, even if the liability arises in connection with operations that
are dependent or complementary to the maritime transport contract. This means that, with
regard English
to the liability regime, the project abandoned the principle of the unity of the
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thus subjecting the purely maritime phase to the special
system that it established, and the two phases prior to this phase and its subsequent to
.the general rules
The text also specified the scope of application of the liability provisions by excluding two
types of transport from these provisions, namely coastal navigation between inland ports,
unless there is agreement to the contrary. And the transfer under a lease contract unless a
bill of lading was issued in implementation of this transport and since the loss of the
goods without proof of their loss embarrasses the shipper, and he does not know on what
basis to base his case against the carrier. Article 228 establishes an presumption for the
goods to be destroyed if they are not delivered within the sixty days following the
expiration of the delivery date. And taking into account the spaciousness of this date,
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.giving precedence to certainty over doubt

Responsibility within the framework of the project is not objective, rather it is based -159
on the idea of the supposed error, so that the plaintiff only needs to prove the damage, so
the error of the carrier is assumed and the causal relationship between the error and the
damage is assumed, and for this reason the project was not closed in the face of the
carrier with a chapter on liability, so Article 229 authorized him to deny it by proving that it
is He and his followers took the necessary measures to prevent the accident or to prevent
.its consequences if it occurred, or if they were not able to take these measures
In practice, the carrier is forced to present this evidence to prove the source of the
damage, that is, the foreign cause, such as force majeure, the action of others, or the self-
defect in the goods, or the action of the shipper or his subordinates. The project was not
exempt from that except for the loss or damage resulting from the fire, as he took the idea
:of an obligatory error. Evidence for two reasons
The law requires the carrier to take measures to prevent fire, and in most cases the -1
carrier is not limited to them, but rather adds to them other measures to increase the
.precaution
That the fire - if it breaks out in the ship - does not devour the cargo alone, but rather it - 2
comes on the ship as well, so the carrier will be one of his victims, and he may be the most
.affected by it
The draft did not provide the carrier with some exemptions, from which he would -160
benefit from simple evidence. Article 230 exempted him from liability for loss or damage if
the shipper intentionally mentioned incorrect information in the bill of lading about the
nature of the goods or their value, as well as if he concealed their ability to break or
appeal, or deliberately estimated them at less than their value in the hope of obtaining a
reduction in the transportation fare or a desire for Defrauding others, such as the customs
administration, for example. The carrier shall benefit from this exemption if he proves the
incorrectness of the statement and the causal relationship between it and the loss or
.damage
Likewise, Article 231 exempts the carrier from liability in the case of transport on -161
board the ship (and it is assumed that he is licensed in this transport according to Article 
216) if he proves that the damage resulted from the risks related to this type of transport,
as well as if he proves that the damage of the goods is due to being affected by the heat of

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the sun. Or the dampness or the rain, or that its destruction occurred due to the high
.waves or the strong wind that cut the ropes of the goods and dragged them to the sea
Among the places in which the project stood beside the carrier and exempted him -162
English
from responsibility with little evidence, the case of transporting live animals, which is a
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was excluded by the Brussels Agreement on the basis that these
animals are not considered commodities in its judgment, so the new agreement restored it
and regulated it with appropriate provisions. Article 232 quoted this regulation, so it
exempted the carrier from responsibility if he proved that the animal's death or injury is
attributable to the risks related to this type of transport, as if the animal did not bear the
seasickness and died or was frightened by the view of the sea, so he abstained from food
and he joked, or was disturbed by the high waves and fought with others The animal was
killed or broke its chains and set off, causing panic on the ship, forcing the captain to
.issue an order to shoot him
In exchange for the tightening of the responsibility of the carrier assuming his error, .163
the bill set it in maximum amounts in order not to burden its burdens and to be unable to
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continue exploitation or to develop it. The project, while searching for a means to this
limitation, had to choose between three controls: either the number of parcels or freight
units - so it would make each parcel or unit a maximum. As for the weight, a higher limit is
placed per kilogram of the weight of the goods. As for combining the two controls, the
counts are the number of packages or the weight of the goods according to the two
highest amounts. The bill chose this last solution and stipulated it in the first paragraph of
Article 233. It is noted that the sums specified by the bill are not lump sum amounts, but
rather are maximum limits that the courts may not override, but they have the right to land
them so that compensation is as much as damage. It is also noted that the limits set by the
.project are reasonable, and do not detract from the charger or burden the carrier
Estimating the upper limit of compensation on the basis of the number of parcels raises
the difficulty of imposing in which parcels are collected in containers, which is a modern
method of packing that protects the goods from damage and facilitates shipping,
unloading, sorting and delivery upon arrival. The question presented in this issue is: Is a
container considered to be a single freight unit, with what it contains from parcels, or is
the number of parcels counts? If the container itself perishes or is damaged, is it
considered a parcel and is included in the estimation of the upper limit of compensation?
The second paragraph of Article 233 replied by saying that each parcel is considered an
independent freight unit, provided that the number of parcels is mentioned in the bill of
lading, otherwise the container and the parcels in it are considered one shipping unit. The
container itself is considered a freight unit if destroyed or damaged, and then it is included
in the estimation of the maximum compensation provided that it is not owned or provided
.by the carrier
There is no place for determining liability if the shipper notified the carrier before -164
shipment of the importance of the goods and provided him with a statement explaining
their nature, value and what is attached to their safe arrival of special importance. This
occurs in the transportation of rare goods of great material or intangible value, such as
paintings, artifacts, antiques, old manuscripts and the remnants of geniuses. Precious
metals, precious stones and precision devices. In most cases, the carrier will charge an
.additional fee for special care of the cargo 
Article 235 assumed that the liability lawsuit was directed at the carrier’s subordinate - .165
such as the captain or one of the sailors - and permitted the subordinate to adhere to the

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provisions of exemption from liability and determine them, provided that it is proved that
the act committed by him took place “as soon as he performed his duty or because of it”
and refers to the interpretation of this phrase to the jurisprudence of civil legalization In
English
the matter of the first paragraph of Article 174 of this regulation, it is noted that the lawsuit
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dependent is a tort liability suit that requires proof of the seller’s error and
the causal relationship between the error and the damage. It is clear from this that the
limitation is not related to contractual liability alone, but also to tort liability, and this is the
.reason for which Article 233 stated that the limitation includes liability of any kind
Obviously, it is not permissible, in the event that both the carrier and the dependent are
sued, that the total compensation awarded to them exceeds the limit stipulated in Article
.233
The subordinate - like the carrier - is deprived of the advantage of determination if the
compensation claimant proves that the harm resulted from an act or omission issued by
the subordinate with the intention of causing the damage or indifference accompanied by
.realization that harm could occur
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In exchange for determining liability, Article 236 of agreements whose subject matter .166
is exempting the carrier from liability or limiting it to less than the maximum limits, or
modifying the burden of proof or compensation for it by relinquishing to him some of the
shipper's rights, such as the right to the amount of insurance on the goods, this is the
:principle, and the following exceptions are met
The nullity is limited to the agreements made before the accident that resulted in the -1
damage, as it is then feared that the carrier will exploit the shipper's need for
transportation and impose exorbitant conditions on it. The nullity, then, does not obtain
the agreements concluded after the occurrence of the accident, when the carrier and the
.shipper owes no authority over the other
It is permissible to agree to increase the maximum limits of compensation, even if an - 2
agreement was made before the occurrence of the accident because the nullity is decided
in the interest of the shipper, then it should be limited to agreements harmful to him. As for
the agreements that increase his rights, such as the transfer of some of the benefits
.(determined for him, there is no justification for their prohibition (Article 237
It is permissible to agree on what contravenes the provisions of Article 236 if the -3
exceptional circumstances in which the transfer takes place justify this agreement. And
that is under the conditions stipulated in Article 238. Examples of exceptional
circumstances are when transportation is to a port hit by the naval blockade, or to a polar
region where the icebergs are spread, or if transportation requires passing through areas
that were a field of sea battles and are still planted with some mines. It is clear that the
carrier does not accept this transfer except in exchange for special conditions, such as
increasing the fare, reducing the maximum limits of compensation, modifying the burden
of proof or relegating him to the amount of insurance on the goods, or other
circumstances that he deems to compensate him for the risks of this transport. Stressing
acceptance of the justifications for this exception is obligatory in order not to turn into a
.loophole that swallows up the original invalidity
Article 239 speaks of what the person concerned must do in receiving the goods if -167
:they arrive incomplete or damaged, and it differentiates between two situations
If the loss or damage is apparent, it can be identified without the need to examine the 
goods. The carrier must be notified of it in writing within a period not exceeding the two
working days following the day of delivery of the goods, and if the notification has not

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been completed, it is assumed that the goods were delivered in their condition mentioned
in the bill of lading, and the compensation claimant must then prove that he received it
incomplete or damaged. The draft stipulated that the notification be written in order to
preventEnglish
controversy from taking place, but it did not require that it be through an official
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time may not be sufficient for such a procedure to be taken, and any writing
signed by the person who received the goods would suffice and indicate the type of
.damage that occurred
If the loss is not apparent, notification may be made within the fifteen days following
delivery. Two things were noted in setting this date: to avoid excessive restriction of it, so
that the person concerned with the goods has a clearance of time to open containers and
parcels, remove the packaging, and then examine the goods, and to avoid over-expansion
so that the features of the source of harm are not lost. The penalty for neglecting the act of
notification in this assumption is the same as the penalty for neglecting his work in the
event of loss or apparent damage, presuming the delivery of the goods in the state
mentioned in the bill of lading, and placing the burden of proof of contravention on the
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.claimant
It is clear from this that Article 239 does not create, in the event of neglecting the
notification action, an excuse not to accept the liability lawsuit, but rather a presumption in
the interests of the plaintiff. This means that the right to bring a lawsuit against the carrier
.does not expire except by prescription
Obviously, notification is not necessary if an inspection of the goods is conducted and
their condition is confirmed at the time of delivery in the presence of the carrier and the
addressee. As it is assumed then that the goods were delivered in the state mentioned in
the case record. If the carrier neglects to observe the agreed time, and in the absence of an
agreement if he does not deliver the goods on the date in which the ordinary carrier "i.e.
the careful average" if he is found in similar circumstances. The officer is a material one,
and what matters is not the personal circumstances of the carrier, but the circumstances
.of the transfer
Article 239 ends the provisions for liability in cases of loss and damage, and the case .168
of liability for delay remains. Article 240 deals with this responsibility, establishing it as
well on the idea of the supposed error and allowing the carrier to deny it by proving that he
and his followers took reasonable measures to prevent the delay or that they were unable
.to take these measures
:The second paragraph of the text indicated when the delay in delivery occurs. It said

The third paragraph of the text set a maximum compensation for the damage resulting
.from the delay, which is the maximum set forth in Article 233
The fourth paragraph of the text established an argument not to accept the claim for
liability for the delay and stipulated that no compensation shall be due if the compensation
claimant did not notify the carrier - in writing - of the delay within Sixty days from the date
.of delivery
And since determining liability is an advantage that the carrier should not have unless -169
he is worthy of it, Article 241 deprived him of it if the shipper proves that the damage
resulted from an act or omission issued by the carrier with the intention of causing harm
(which is fraud) or indifference accompanied by awareness and awareness. That harm 
could occur (which is a serious mistake or an unforgivable mistake as the modern
judiciary calls it) and the phrase used by the project in this text may seem strange to the

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Egyptian wording, but it is the dominant phrase in the field of transportation of all kinds,
and it is preferred by international conventions because it brings the apartment closer. The
difference between national legislation regarding the meaning of gross error and the
secondEnglish
paragraph of the article stipulated two cases in which fraud is presumed on the
side of the By
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that is if a bill of lading is issued free of reservations with the
presence of what is required to be mentioned in the voucher with the intent to harm others
with good faith, and if the goods are shipped on the surface The vessel is in violation of an
.express agreement that must be loaded in the ship's hold
Article 242 introduces another exemption in favor of the carrier and deferring it to this .170
position because it wanted it to be comprehensive for liability for both loss, damage and
delay. This exemption is related to the damage that results from salvage, as if the ship was
forced to deviate from its course to rescue another ship and the cargo was delayed, sank,
or part of it was damaged during salvage operations, or it goes without saying that the text
abrogates the urging to take salvage raises the responsibility of the carrier If he created
what necessitates it. But the text feared that that temptation would lure the captain and
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sailors, and they would spend their time in the measures they take to rescue, seeking to
reward him, striking the interests of the owners of the cargo shipped in their ship. That is
why the text distinguished between two matters: saving lives and making them exempt
from responsibility without condition or restriction, because every effort spent in saving
the human soul is reasonable, and every loss that is caused by money is reduced and
money saved, and this is restricted by the text that the measure to be taken is
"."reasonable
Article 243, in its three paragraphs, deals with two assumptions in which a group of .171
:transporters undertake the transportation
The first and second paragraphs dealt with the imposition whereby the carrier who
concluded the contract of transport (the contracting carrier) entrusts to another carrier
(the actual carrier, and it can also be called the substitute carrier), to carry out the whole or
part of the transport, and they set out from the authorization of this chapter for the
contracting carrier without the need for the shipper’s consent Unless otherwise agreed.
The question presented in this assumption is which of the carriers, contracting or actual,
will be responsible for the loss of the goods, their damage or delay in their arrival? The
text answered: The contracting carrier is asked about the entire transport, and he does not
ask the actual carrier except for the part of the transport that he undertook, but he is
responsible for it in cooperation with the contracting carrier and it is based on this that the
compensation claimant can direct his claim to the contracting carrier alone or to the actual
carrier alone if he proves that The damage occurred while the goods were in his custody,
.or to the contracting carrier and the actual carrier that described them jointly
If the lawsuit is brought against the contracting carrier alone, he may bring the actual
carrier into it if he proves that the damage occurred during the execution of the part of the
carriage assumed by this last carrier. If the contracting carrier pays compensation, he may
recourse to the actual carrier. Both the contracting carrier and the actual carrier shall be
subject to the provisions of limiting liability stipulated in Article 233. It is not permissible
for the compensation applicant to receive from them more than the maximum
.compensation limit
The third paragraph of Article 243 dealt with the case of transport with a direct bill of 
lading, in which the first carrier who issues the bill of lading agreed with the shipper to
take over the transport to a certain point, then deliver the goods to a second carrier to

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transfer them in turn to a later point, then this carrier delivers them to a third carrier, and
so on. To the fourth and so on successively until the goods reach the place of arrival. This
situation is close to the previous situation where there is a contracting carrier and an
actual English
one, but the difference between them is that the contracting carrier in the first
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position is entrusted to the actual carrier to carry out the transport or to carry out part of it
without a license from the shipper, and sometimes without his knowledge, while in the
second position the carrier does not issue the bill of lading. Direct only build on agreement
with the shipper. The third paragraph of Article 243 stated of the similarity between the two
situations and imposed the same provisions on them, making the first carrier like the
contracting carrier - responsible for the entire transport, and the responsibility of each of
the subsequent carriers, including the last carrier, was limited to the part that he took over
from the carriage, provided that he is joint in this responsibility with The first carrier is the
same by looking at the actual carrier in the other situation. The text did not exclude from
the congruence between the two situations except one thing, which is to enable the first
carrier to deny his responsibility towards the shipper by proving that the damage occurred
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while the goods were in the custody of a subsequent carrier, a feature that the contracting
carrier does not enjoy in the other situation, and is explained by the difference that we
. .have referred to between the two situations
Article 244 spoke about the termination of the lawsuits arising from the contract of .172
:carriage of goods by sea, and in this regard the following principles were laid down
The expiration period is two years in effect from the date of delivery of the goods if there -1
was delivery, and from the date on which delivery should have taken place if the goods
perished. The determination of this last date is due to the second paragraph of Article 240.
The purpose of shortening the lapse of time in this area is to liquidate the transfer process
.as soon as possible so that lawsuits do not accumulate
This lapse includes every lawsuit based on a right established by the contract for the -2
carriage of goods by sea. It is not limited to claims of liability alone nor to claims of liability
for damages occurring during the period specified by Article 227 exclusively, nor to cases
directed to the carrier alone, but rather to every case arising from the transport contract,
such as the lawsuit filed by the carrier against the shipper or against The consignee to
claim the freight or compensation for the damage caused by the goods to the ship or to
.other goods
The validity of the period shall be interrupted by a registered letter accompanied by -3
acknowledgment of receipt or the delivery of documents related to the claim, or by
delegating an expert to assess damages, in addition to the reasons established in the Civil
.Law
The lawsuits of the obligors ’recourse to one another shall expire with the lapse of -4
ninety days from the date of filing the lawsuit against the obligor who initiates the recourse
or from the date of his fulfillment, regardless of whether or not the two-year period has
elapsed. For example: the shipper files the compensation lawsuit against the contracting
carrier due to damage after twenty-three months from delivery, so that carrier has ninety
days from the date of filing the lawsuit against him to bring the actual carrier into the
lawsuit or to institute an independent lawsuit against him, and it does not preclude that the
two-year period stipulated in The first paragraph of the text has elapsed. If the contracting
carrier paid the compensation amount voluntarily a few days before the two-year period 
.expires, he has recourse to the actual carrier within ninety days from the date of payment
Article 245 relates to jurisdiction to hear cases arising from the contract for the .173

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carriage of goods by sea. And the order I have created is to grant jurisdiction in addition to
the jurisdiction established in the general rules - to three courts: the port of shipment
court, the port of discharge court, and the court of the port in which the ship was seized.
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The choice between the competent courts for the plaintiff, from which the plaintiff chooses
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the most appropriate court for him, and the court is often the closest to him, and in order
to ensure the effectiveness of the selection, the text nullifies every previous agreement on
the establishment of the dispute whose subject matter is depriving the plaintiff of the right
to choose or restricting it. As for after the dispute arose, a valid agreement was made to
.avoid the possibility of pressure from one of the contractors on the other
Articles 246 and 247 relate to arbitration, and it is well known that this method of -174
litigation is preferred by carriers and shippers alike. Article 247 laid down a basic rule in
this regard, which is that the arbitrators are obligated to settle the dispute according to the
requirements of the law, and to nullify every agreement concluded before the dispute over
authorizing them to rule against the law, even if they are authorized to reconcile. The
reason for this prohibition is that the provisions laid down by the law regarding the
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contract of carriage establish a balance between the conflicting interests that it is feared to
breach it. If the strong party is allowed to force the other party at the time of the
conclusion of the contract to accept the release of the arbitrators’s hand in not being
.bound by it. The meaning
Article 246 deals with the place of arbitration, which is important in view of the plaintiff
who is interested in that the arbitration take place in a place that suits him and does not
cost him exorbitant expenses. And he had what he wanted, as the article opened him a
wide choice between six places, and confirmed its effectiveness by nullifying every
.previous agreement on establishing the conflict that would rob or restrict it
In the second part of this chapter, the draft dealt with the contract of transporting .175
people, and in this regard, in turn, it sought to establish a balance between the interest of
the carrier and the interest of the traveler, taking into account fairness in distributing the
.burdens of the contract between them
The project dealt with the topics of this transport in a logical order, starting with the
transport document, then moving on to the obligations that are enshrined in the contract,
then speaking about the responsibility of the carrier, then in the transportation of travelers'
luggage, then in the jurisdiction, and ended with a form of transport that was widely
.circulated in the work, namely, tourist cruises
With regard to the transport document, article 248 required its issuance as a tool to .176
prove the contract, and its data were mentioned without limitation, and it was not
permitted to relinquish it to third parties without the consent of the carrier so that he was
.aware of the persons who would accompany him on travel
There is a type of transportation of people that takes place in small-sized vessels .177
inside ports or in specific areas to provide specific services, such as excursions, or
moving between one site and another in the port, or for crossing between two nearby
shores, or out to receive incoming ships. Article 249 allows this transfer to take place by
merely a receipt in which the name of the carrier and the service it performs is mentioned,
.instead of issuing a card containing all the data mentioned in Article 248
Article 250 speaks to the obligations of the carrier, requiring him to prepare the ship .178
and equip it with what is necessary, not only to be suitable for navigation, but also for the 
agreed-upon travel. For example, it is agreed that the ship travels to a polar region to
transport a team of scientists to a meteorological station established in these areas, so it

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is the duty of the carrier to prepare a ship capable of navigating these seas equipped with
what is necessary to face the snowstorms. An example of this is also the transportation of
a sports team participating in a swimming race, so if the team manager stipulates that the
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transporter be transported by a ship in which there is a swimming pool for the team to
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during travel, then the carrier breaches his obligation if he prepares a
ship suitable for navigation but does not have a swimming pool or there is an unfit
swimming pool Usable. In this regard, the carrier’s obligation in this regard is a survival
obligation and not only a starting obligation. It is based on this that the carrier is obliged to
make the repairs that the ship needs during the voyage to remain fit for navigation and for
.the agreed travel
The carrier is also obligated to exercise care to preserve the safety of the traveler, and his
commitment in this regard is a commitment to a means and not an obligation to an
outcome that he will be absolved from if he undertakes reasonable measures to take care
of the traveler and preserve his safety. There is no doubt that it would be an excess in the
transportation of people in particular to oblige the carrier to the safety of the traveler as an
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inevitable consequence of the contract, because the traveler remains despite the carrier's
care and maintains freedom of movement and it is his duty to protect himself before others
protect him. However, you may find some circumstances that prevent the traveler and
travel, such as death or illness, and Article 252 assesses these circumstances and permits
the traveler, upon their occurrence, to terminate the contract on the condition that the
carrier is notified at least three days before the scheduled time of travel. If the notification
is made on time, the carrier is only entitled to a quarter of the fare, and the text has kept it
for him to compensate him for the place he has reserved for the traveler and who may not
.be able to resell it in the short period following the notification
Article 251 opens the obligations of the traveler by obligating him to come to travel at .179
the time and place indicated on the travel card, and it permits the carrier to sail without
waiting for the traveler if he does not attend on time, and obliges the traveler to pay the full
.fare

The text added that these provisions apply to the family members of the traveler who was
scheduled to travel with him, as they may not be able to travel without the head of the
family, and if they notified the carrier on time, they would have to terminate the contract
.with their obligation to pay only a quarter of the fare
All this assuming that the circumstances prohibiting travel occurred before the date of
travel. If the travel starts, the events that happen to the traveler do not affect the contract
(Article 253) If he dies while traveling or if he falls ill and leaves the ship at the first port,
.this does not affect his obligation to pay the full fee
The first paragraph of Article 254 assumes that there is an impediment to the ship and -180
the start of travel, so it permits the traveler to terminate the contract, and it differentiates
.with regard to entitlement to compensation between two charges
If the impediment is related to the act of the carrier. Commit to half the fee. And he is not
obligated to compensate what is in the opposite imposition, and to facilitate the traveler,
the text assumed the ratio of the impediment to the carrier until he evaluates it as evidence
.to the contrary
If the travel began and then stopped for a period of more than three days, the second 
paragraph of Article 254 allowed the traveler to annul the traveler as well, but it exempted
the carrier from compensation if he proved that the reason for stopping the travel was not

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due to him, as if it was due to an order from the local authority not to leave the port. If the
carrier is able to arrange for the passenger to be transported to the place of arrival by a
ship at the level of the ship that has stopped traveling, then it is not canceled because of
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.the absence of his burden
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Article 255 also permits the traveler to terminate and request compensation when.181
necessary if the carrier - before travel or during travel - introduces a fundamental
amendment to the conditions of carriage, such as modifying the departure times,
canceling the berthing in some medium ports, or changing the ship’s route. This issue is
often of paramount importance to the traveler. Take the example of an Egyptian traveling
on an Italian ship whose announced route is Alexandria - Beirut - Naples, and if this
traveler was surprised at the port of Beirut that the carrier decided to sail to a port of an
enemy state before heading to Naples, then he is in a very embarrassed way that only
enables him to leave the ship And the search for another ship continues the trip to Naples.
That is why the text permitted him to terminate the contract and request compensation for
the damage he suffers as a result of this termination, such as the expenses of his stay in
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Beirut while waiting for another ship bound for Naples and the fee he pays for this ship in
.addition to the damage resulting from the delay
Then came the role of the responsibility of the carrier, so the law made him -182
responsible for the death of the traveler, his injury, or the delay in his arrival, but the law
established a system for liability for death or bodily injury that differs from the liability
system in case of delay because the first liability is more dangerous than the second, and
the traveler often exceeds Hold the carrier accountable for delay, either because of the
insignificance of the damage or because of their aversion to litigation procedures and their
.expenses
Articles 256 to 261 dealt with liability for death or bodily injury. Article 256 begins the .183
:provisions of this liability by declaring and establishing it on the following two principles
The provisions laid down by the law regarding this liability shall not be enforced unless (1)
the accident that resulted in the damage occurred during the implementation of the work
contract. The second paragraph of Article 256 determines the period of implementation of
the contract and said that it includes the period of the passenger's ascent at the port of
residence, the period of travel and the period of disembarkation of the passenger from the
ship in an intermediate port or at the port of arrival, and then added the period in which the
traveler is in the custody of the carrier before his boarding of the ship or after
Disembarking from it, as if the carrier's dependents received the passengers at the door of
the port of Qiyam and carried them out in boats to the ship anchored outside the port, or if
the ship had to be changed in a medium port and the carrier took over the transport of the
.passengers to the other ship
The liability - except in the event of fire - is based on the idea of the presumed error, (2)
and it is the same basis on which the liability is built in the case of cargo transportation.
And since the carrier’s commitment to the safety of the traveler was an obligation only by
means, Article 256 exempts him from liability if he proves that he and his followers have
taken the necessary measures to prevent the damage or that they were unable to take
.these measures
The bill specifies the responsibility of the carrier for the death or injury of the traveler .184
in order to ease the burden on the carrier of this responsibility. Article 258 sets the 
maximum compensation, which is one hundred and fifty thousand pounds for each
distance, and this amount includes the sum of the requests submitted by the traveler, his

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heirs and the persons who depend on them. The amount is not lump-sum, rather it is an
upper limit, and the court may not decide more than it, but it is permissible for it to drop it
depending on the amount of damage and since the purpose of the limitation is to reduce
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the burden of liability on the carrier, so there is no problem if he gives up this protection
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traveler on a greater compensation. 186. Article 260 annulled every
agreement made prior to the accident and the subject matter of which is exemption from
liability or limiting it to less than the maximum limit, modification of the burden of proof, or
assignment to the carrier of the amount of insurance for the traveler. The revocation of
these agreements is the consideration borne by the carrier for the benefit limitation of
.liability
The carrier does not benefit from the advantage of limiting liability unless he does not .185
commit fraud or serious error. That is why Article 259 stipulates absolutely that he is
responsible for the limitation if the claimant proves that the damage resulted from an act
or omission issued by him or his deputy with the intention of causing the damage or
indifference accompanied by the perception that harm could occur, and this is the same
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. expression used by the project in the matter of transporting goods

Article 261 requires that the carrier be notified of the injury within fifteen days from .187
the date the passenger leaves the ship. The purpose of this ruling is to avoid the loss of
the source of damage. Hence, the text was not created in the event of neglecting the
notification as an excuse not to accept the liability claim, but rather a presumption that the
passenger left the ship without injury until he assessed the evidence that the injury
occurred during the implementation of the transport contract. No notification in the event
.of death
Article 262 addresses liability for delay and bases it on the notion of the presumed .188
error as well and exempts the carrier from it if it proves that he and his representative and
his followers have taken reasonable measures to prevent the damage or that they were
.unable to take these measures
There is no determination of compensation in the case of liability for delay, and the
provisions of Article 217 of the Civil Code shall apply with regard to conditions for
.exemption from this responsibility
Article 263 regarding the termination of the liability lawsuit sets the following .189
:principles
The lapse period in the case of death or injury differs from it in the case of delay, as it is (1)
in the first two years and in the second only six months, due to the seriousness of the
damage in the first case if compared to the damage in the case. the second. It is noted that
the period of expiration of the case for delay in the case of transporting people is shorter
than in the case of transporting the goods because the damage in the first case is usually
.less than in the second case
The period of lapse of time in case of delay shall apply from the day following the (2)
departure of the passenger of the ship, whether in that he departed at the port of arrival or
in another port, and the period shall also run from the day following the departure of the
ship in the event of injury, whether in this I make the notification stipulated in Article 261 or
.did not work
The commencement of the lapse of time in the event of death varies with the time of its (3) 
occurrence. If it occurred during the implementation of the contract of carriage, the period
ran from the day on which the passenger should have left the ship, and if it occurred after

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the passenger left the ship due to an accident that occurred during the implementation of
the transport contract, the period ran from the day the death occurred. An example of this
is when a traveler is injured while traveling because of a solid object falling on his head
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while walking in the aisles of the ship, so he leaves the ship while he is injured, and then
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period applies from this date of death if the claim of liability is based on death. But if it was
established on the basis of the injury, the period shall run from the day following the
departure of the ship, as mentioned above. And since it is unacceptable to suspend the
commencement of the lapse of time on the occurrence of the death, which is an event that
only God knows when it will occur, the text of the lawsuit was dropped in any case after
the lapse of three years from the date of the passenger leaving the ship. Therefore, it is
better for the traveler who leaves the ship with an injury to file a lawsuit on the basis of the
injury first, while preserving the right to request the completion of compensation if the
death occurred. If it occurred after a year and a half for example from the departure of the
ship, the heirs would have another year and a half to file the lawsuit to complete the
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compensation. If they were lax in filing this lawsuit until the expiration of the three years,
the payment against them is permissible with the lapse of time and it is not accepted that
.the two-year period from the date of death has not expired
Article 264 assumed that the liability lawsuit was directed at the carrier’s agent or one .190
of his subordinates, and it imposed provisions on the responsibility of the carrier, on the
condition that the agent or the dependent proves that the act attributed to him was carried
out as soon as he performed his job or because of it. It is based on this that the agent or
the subordinate can adhere to determining the liability and the short prescription, and in
.return he refuses to benefit from the conditions for exemption from liability, if any
Article 365 dealt with some issues that were and are still controversial in the .191
:jurisprudence, namely
Free transportation, and it excluded it from the provisions laid down by the law -1
regarding the contract of transporting people unless the carrier is a professional, because
such a carrier does not usually accept the transfer of a person without charge except If he
was hoping for a material benefit, as if he hosted a famous athlete or a well-known actor,
.intending thereby to publicize his establishment
Intrusion, which is the entry into the ship stealthily with the intention of traveling without -2
charge, and the text excluded this transport in turn because it does not take place under a
.transport contract
The transportation of escorts, which is the transportation of people whom the carrier -3
agrees to accompany a live animal or money of a special character, such as precision
devices and paintings, which are transferred under the goods transport contract. The
provision for the transfer of these companions made the provisions of the contract for the
.transport of persons to be carried out
Articles 266 to 271 set forth provisions relating to the carriage of travelers' luggage, .192
obliging the carrier to carry these luggage within the limits specified by the contract or
.custom. Then, she distinguished between two types of luggage, checked and unchecked
As for checked baggage, it is the one that the traveler delivers to the carrier to register it in
a special book and keep it throughout the travel period, then deliver it to the passenger
upon departure from the ship, and the cars and vehicles that are transported with the 
passenger enter it. The project treated these luggage as goods and made a contract to
transport goods, except in two matters: The

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first: the amount of the maximum compensation, as it made it five thousand pounds for
each passenger except with regard to cars and vehicles, so the maximum limit is fifty
.thousand pounds for each car or vehicle, including what may be Luggage in it
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Second: Termination of the case, as the provisions of Article 244 were not applied against
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.him, but he was subjected to a special judgment stipulated in Article 271
As for unregistered baggage, it is the one kept by the traveler, and that is why the
transport text did not make it responsible for its loss or damage unless the traveler proved
the fault of the carrier or the error of his subordinates, as if they stole the contents of the
bags or tried to open them, then they destroyed them. The text specified the liability for
these luggage at two thousand pounds for each traveler. This limitation does not apply to
things that the traveler deposits with the captain or whoever takes his place and informs
him of their importance, such as money, jewelry and documents. Taking into account
humanitarian considerations, the text did not permit the seizure of unregistered luggage in
.payment of the transportation fee
The lawsuits arising from the carriage of baggage - both registered and unregistered -
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shall expire with the lapse of two years from the day following the departure of the
passenger ship, or - in the event of death - from the day on which he should have left it. It
is noted that although this period is equivalent to the period of expiration of the liability
lawsuit in the case of the transfer of goods, the two periods differ in terms of their
.commencement of validity
Article 272 speaks about jurisdiction to hear cases arising from the contract of .193
transporting people by sea, and the goal that it seeks is to facilitate the matter for the
plaintiff by enabling him to file a lawsuit before the court most appropriate to him and
protecting him from the agreements that the other party may impose on him before the
dispute takes place to deny or restrict the right of choice. It is noticed that the draft did not
include texts related to arbitration in the place of transporting people as it did in the
transfer of goods. The reason is that the arbitration system does not bear its most
beneficial results except in the field of trade. In most cases, the matter of looking at the
traveler is outside this field. However, there is nothing that prevents the contractors from
.agreeing to arbitration and organizing it in a manner that suits them
The draft concluded the provisions of the Persons Carriage Contract with Articles 273 .194
to 278 that deal with tourism cruises. What is striking in this regard is that the common
traveler in the trip does not contract with the carrier directly, but rather with the tour
organizer who undertakes to conclude the transport contract from the carrier and to carry
out the trip with what it may include in services not related to transport but to tourism,
such as visiting archaeological sites in the ports in which they dock Ship and reservation
.of places in amusement parks, theaters, hotels, etc
Tourism offices undertake this work, and they are usually contracted in one of two ways:
Either the office announces the trip and its conditions, this is considered a positive on its
part, even if the subscriber submits the subscription request, this is considered an
.acceptance, and the contract is completed according to the announced conditions
Or a group of participants submits a request to the Tourism Office to organize the trip and
.agree with it on its terms
The tour organizer concludes a transport contract with the carrier in his capacity as an
agent for each subscriber, and for this reason all the effects of the transport contract 
entail, in the forefront of which are liability provisions, and in order to confirm this
meaning, the project requires that each subscriber or each group of subscribers hand over

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a travel ticket that includes data, some of which relate to the transport and some to the
other services. The other is obligated by the trip organizer so that this card is the
subscriber's argument in proving the transport contract and the participation contract in
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the trip, and the project also required that the subscriber deliver a book that includes
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of which shows the services that the trip organizer undertakes to provide
on land. These coupons serve in turn to demonstrate commitment to providing these
services. The tour organizer shall ask the subscriber if he fails to fulfill the obligations
.indicated in the flight ticket or its service book
The organizer of the trip before the subscriber is also asked about the implementation of
the transport, and the project has made on this responsibility the same provisions that it
has put in regard to the responsibility of the carrier in terms of determining it, nullifying
the conditions for exemption from it, its prescription and competence to consider the case
related to it. The reason for this solution is to facilitate the matter for the subscriber by
enabling him to sue the person he knows and contracts with him if it is difficult for him to
.refer directly to the carrier
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In the third chapter, the project spoke about towing, which is a process that is often -195
carried out by specialized ships equipped for this purpose and perform various services,
such as assisting ships to anchor along the docks, towing ships that break down because
they are inside the port or at sea, or withdrawing ships that become It is not navigable to
the basins that are loosened in it to sell debris, and to help float ships that are thrown over
.the people and rocks by the waves
The operation is carried out according to a contract between the tugboat supplier and .196
the towing ship supplier, whereby the former undertakes to prepare the tugboat to be fit to
carry out the agreed operation and to carry out this operation, and the second undertakes
to pay the towing fare. It is known that there is a jurisprudential debate about the nature of
this contract. The project did not want to involve itself in this theoretical debate, so it
directed its attention to the two practical questions presented in this regard, namely: Who
is the management of the towing process, for the captain of the tugboat or the captain of
the towed ship? And who is responsible for the damages that occur during the execution
of the operation? The project responded with a logical rule, which is the link between
.management and responsibility, so it placed the second where the first is
With regard to the towing inside the port, the management of the operation is for the
captain of the towed vessel. But this does not mean that the captain of the tugboat
remains passive. Rather, what is meant is that the instructions for managing the towing
process are issued by the captain of the towing vessel, and the captain of the tugboat has
to implement it, and his ship is asked about the error in this implementation. Since the
administration is for this purpose of the towing vessel, it is also responsible for the
damages that result from the operation, whether the damage is caused to the towing
vessel or to others. The liability is based on the idea of the presumed error, and it shall
cease if the supplier of the foreign vessel trailer proves the force majeure, the action of
others, or the fault of the tugboat. The project singled out this last reason by mentioning it
to show that the captain of this ship does not remain passive during the execution of the
operation, but rather plays a positive role, which is to implement the instructions issued by
the captain of the towed ship, and he is responsible if he erred in implementing these
.instructions 
These provisions may be modified by express agreement. The draft did not require that the
agreement be in writing, but it required that it be explicit and categorical in what the two

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contracting parties intended, and if suspicion encompassed it, it must be put aside and
.acted according to the law
The ruling is inverse with regard to tugging outside the ports, so management is for the
English
tugboat, and the liability is there, unless its supplier proves the foreign reason, and in
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the towed vessel, and it is permissible by express agreement - not
.required to be in writing - to amend these provisions
It should be noted that the liability system established by the project in the case of tugging
does not apply unless the damage occurred during the implementation of the operation.
The implementation does not begin from the start of the towing of the towed ship, but also
from the moment the locomotive vessel begins, immediately before the towing, to make
movements (maneuvers) to approach the towed ship and enter the area in which it is under
the influence of the movements of this last vessel, and it interferes with that. The process
of throwing ropes that are used in tow, and the towing process ends when the two ships
separate and the locomotive moves away until it exceeds the area in which it is under the
.influence of the movements of the towed ship
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Article 281 stipulates that the cases arising from the country shall expire after two .197
years, whether the case is directed by one of the parties to the process to the other or from
one of them to another, or from others to either of them. The period shall run from the end
.of the towing process
The project concluded this chapter with Chapter Four on counseling. The plan that I .198
follow in this regard is to leave everything related to the administrative and technical
aspects of guidance to the laws and special decisions and to direct attention to legal
matters alone, such as assigning the authority of the captain while the pilot is on the ship,
.and organizing the lawsuits arising from him
In keeping with this plan, Article 282 left the designation of the bodies in which the -199
pilotage is compulsory (except for the Suez Canal, which the text mentioned above) and
the manner of its implementation, the determination of its areas, the determination of the
fees that are due on it, and the exemption from it, to the laws and special decisions, and
Article 283 confined itself to obliging the subject ship To guide you in following the
provisions stipulated in these laws and special decisions. 201. Article 285 obliges the
supplier of the serviced vessel to pay for the guide's food, accommodation and
compensation if weather conditions prevent him from leaving the ship after the end of his
.work or if the master requests him to stay to benefit from his experience, for example
Article 284 stipulates a rule imposed by the ethics of the profession, which is that a .200
vessel in danger of being in danger must be presented to other ships that requested pilot
.and did not ask the pilot to do so

Then Article 286 established an important naval rule, which is the survival of the - 202
captain while the pilot is carrying out his work, the master and the captain of the ship, and
the guide has nothing but an advisor who gives an opinion and does not implement it. This
principle is the basis for the provisions of liability for damages that occur during the
implementation of the piloting process, and this responsibility has many aspects
.discussed in articles 287 to 290
The first aspect: Responsibility towards third parties for the errors that occur by the guide
during the pilotage process, as if he indicated a movement that resulted in the ship 
crashing into the wharf and damaged it or colliding with a boat that was crossing the port
and sunk it, and the one responsible for these errors is the supplier of the serviced ship,

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because the guide does not block the captain In the eyes of others, the captain remains
the captain of the ship responsible for all errors in its leadership or management, and then
the guide is considered during the performance of his work on the ship subordinate to the
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supplier, so the supplier is asked about the responsibility of the follower for the
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the guidance is compulsory, and if the supplier is obligated to
.compensate others, he may return To the guide to the extent of the error made by him
The second aspect: the responsibility for the damage caused to the pilot ship during the
execution of the operation and the person responsible for compensating this damage is
the supplier of the served vessel as well, unless it is proven that the damage arose from
the pilot’s error, and the lesson in this area is by gross error alone, as there is no escape
from the occurrence of minor errors in A delicate operation that sometimes takes place in
harsh weather conditions and requires the positioning of a small ship, the pilot ship, near
.a giant ship that resorts around the sea due to the power of its machines
And the third aspect: liability for the damage that befalls the pilot or the pilot vessel sailors
during the execution of the operation. This responsibility, in turn, rests on the supplier of
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the serviced vessel, unless he proves that the damage suffered by the pilot - if the matter
is related to him - arose from a mistake made by the pilot or the sailors of the pilot ship, or
if he proves that the damage to the sailor - if the matter concerns a sailor - It arose from a
mistake made by this seaman, from one of his fellow sailors, or from a guide. The gravity
of the error in this regard is not conditional, because it is the duty of the guide and sailors
to take care of themselves, and it is not acceptable to hold the supplier of the serviced
.vessel responsible for the recklessness and lightness they commit
And the fourth aspect: liability for the damage caused to the vessel being served. This
responsibility falls on the guide, provided that the supplier proves that a serious error has
occurred from the guide in the implementation of the piloting process. This responsibility
is not based on the assumption of error, as is the case in the previous cases, but is based
on the error that must be proven. The project necessitated that the error be serious in
order to avoid the embarrassing and anxious guide while performing his difficult delicate
.task
What are the limits of the period of this implementation? Is it so narrow that it is limited to
the time required by the pilot on the serviced vessel to do his work? Or is it so broad that it
includes all operations prior to this time and subsequent to it, as long as they relate to
guidance, even indirectly? Take, for example, the case of exit to receive an oncoming ship.
Does the pilotage start from the time the pilot vessel leaves the dock berth on it? In the
case of an accompanying vessel leaving, does the pilotage continue to be executed until
the pilot vessel returns to the dock from which it exited? The answer to that is that the
piloting implementation period is not so narrow, nor with this amount of capacity. Rather,
the process begins in the event of an exit to receive an incoming ship from the entry of the
pilot vessel in the area in which it is under the influence of this ship and the process
extends to include movements (maneuvers) that take place In it the pilot vessel to
approach the vessel being served and the guide's boarding to this ship and the time spent
on it to perform His work and the process ends when the serviced vessel arrives at the
dock and the guide leaves. And if the matter is related to accompanying a departing
vessel, then the pilotage period starts from the guide's ascent to it at the port of qiyam and
extends the process to include the time the pilot spends on the serviced vessel to perform 
his work, and the period for the pilot vessel to make the necessary movements to
approach the vessel served to pick up the pilot, and the pilotage ends by moving away

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Pilot vessel for the vessel served until it goes out of the area in which it is under its
.influence
Article 291 stipulates that the cases arising from counseling shall expire after two .204
English
.years. The period runs from the time the process ends
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Accident Marine
It is the ship under maritime traffic accidents , many Kaltsadm and delinquency and .205
the impact of rocks, mines, boiler explosion, fire, disable machines and other cataclysms
.sea
The collision occupies the first place between these accidents due to its frequent
occurrence, the enormity of the losses that result from it, the multiplicity of stakeholders in
it, and the unity of the dispute between them, especially when it comes to determining the
act that caused the accident, and the maritime accident may occur and the ship is able to
face it by its own means, so it passes in peace, as well as If a fire broke out in the ship and
the captain was able to control it with his means of extinguishing, or if the wind threw the
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ship over a rock and the master was able with his skill and experience to float it and
resume travel. The accident may be major, exposing the ship and the people and money it
carries to imminent danger, and the captain cannot pay it, so he hastens to seek help. It
goes without saying that protecting lives and money at sea requires obligating ships to
help each other at the time of the committee, and it is the duty of the street to organize this
commitment in a way that ensures that the ship that provides aid or rescue obtains a fair
.reward without exploiting the circumstances in which the stricken ship is located
The accident may impose on the captain to sacrifice some parts of the ship or of the
shipment to avoid greater damage, and this action will benefit the owner of the ship and
the owners of the goods that were saved, and then consideration must be given to how the
losses are distributed among all the stakeholders in the voyage so that some of them are
.not enriched at the expense of others
Those are the topics covered in this chapter in three chapters: the first in collision, the
.second in salvation, and the third in the joint losses
Articles 292 and 293 begin the collision provisions by stating the scope of their -206
:application, and in this regard the following principles are laid down
The application of these provisions is not limited to collisions that occur between -1
marine vessels only, but also in the event of a collision between a marine vessel and a
vessel used in inland navigation. So it is sufficient for one of the colliding ships to be a
naval ship. As for the collision that occurs between inland navigation vessels, it is not
.covered by the regulation included in these provisions even if it occurred at sea
With the exception of buoys restricted to a fixed anchorage such as bridges, bridges -2
and floating berths, each floating vessel is considered a marine vessel or boat for inland
.navigation according to the circumstances
This means that collision is not subject to the provisions of this chapter unless it takes
place between unrestricted floats, each of which possesses freedom of movement, and
.hence it can be a source of accident
The waters in which the collision occurred does not cross over. It may occur at the top -3
.of the sea, in the port, in a canal, in a lake, or in a river
It is not required that a physical collision occurs between ships, that is, some collision -4 
with others, so it is sufficient for the accident to arise from one of the colliding ships
making a wrong “maneuver” or negligence of performing an obligatory movement or

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violating the rules of traffic at sea. For example, a ship travels close to another ship
without taking into account the speed or distance required by the rules of traffic in the sea,
so the waves move around it, and the damage occurs, or a ship runs in the fog without
English
launching the usual whistles or bells, and then surprised another ship by its presence near
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By sudden movement to avoid hitting it and damage is caused by this
.movement
Collision provisions shall apply even if one of the colliding ships is designated by the -5
state or a public person for public service and for non-commercial purposes. This is an
exception from Article Two and this exception does not include warships whose survival is
.considered subject to the laws pertaining to them
Those are the principles that define the scope of application of the provisions stipulated in
this chapter, and all contribute to expanding this scope because collision causes the same
damage wherever it occurs and regardless of the party that the colliding ship follows and
.whatever the purpose for which it is used
Articles 294 to 297 dealt with liability for damages that result from collision. The .207
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:principles laid down in this regard are summarized as follows

First: Responsibility in the field of collision is based on the idea of a mistake that must be
proven, and there is no place in it for assuming the error on one side without the other,
because the accident is caused by the action of one or more actors, and it is not possible
to determine which one is at fault and which is the one who is wrong unless the door is
opened wide so that each of them proves the error of others and he is acquitted And then
there is no way to protect one of them assuming the error of others, because they are
equal partners in causing harm, and his responsibility should be borne by those who
prove the error on his side of them. It is based on this principle that the lawsuit may not be
instituted on the basis of a liability that presupposes error, such as the responsibility of
the guardian of the thing stipulated in Article 178 of the Civil Code, which is a solution that
the judiciary has settled on, and the draft law has deemed it stipulated, in order to stop all
.controversy surrounding it
Most of the error that results in the collision is due to negligence in steering the ship, the
lack of experience of the commander, or due to failure to observe the rules of traffic at sea,
such as misuse of lights at night, neglecting the sound of whistles or bells at the time of
fog, failure to follow the guide's instructions, or deviation From the normal course of
course, or walking quickly inside the ports, neglecting to put lights at the top of the ship if
it broke down at sea, or neglecting the direction to the right when meeting a ship with a
.ship coming from the other direction in the waterways
Proving the error in the field of collision is one of the most difficult things, especially if the
accident occurred at the top of the sea where there are no witnesses except for the sailors
of the colliding ships and the passengers on them, and often these testify in favor of the
ship they were on, and it is also not possible to trust the reports of the masters because
each of them is trying to avoid It is the responsibility of blaming it on others, and does not
help the court to reveal the truth except expert reports, even though the litigants do not
easily accept it and try to challenge it with the opinions of experts from their own, and the
believers stand behind this dispute, each strengthens his client in order to escape from
the compensation, which is often expensive, and so on. Collision issues are usually
.characterized by length and intensity of controversy 
Needless to say, it is not sufficient to establish liability to prove the error, but also to
.establish a causal relationship between the error and the damage

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Second: If it becomes evident that the accident occurred with force majeure, then there is
no liability towards others or responsibility of one of the ships towards the other, and each
ship shall bear the damage that it has sustained. The same provision shall apply if the
English
cause of the accident remains unknown or there is doubt about it, as there is no liability
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and if it is not possible to attribute a certain error to one of the
colliding ships and the liability loses its basis, then it does not arise. There is no point in
whether the accident occurred at a time when one of the colliding ships was at anchor at
the dock of the port, and the draft mentioned this assumption to negate any presumption
.in favor of the anchored vessel
Third: If it is proven that the collision occurred by mistake of one of the colliding ships and
not the other, this ship bears all responsibility towards others and towards the ships that it
.collided
And if it is proven that the collision occurred by mistake of more than one of the colliding
ships, i.e. a common mistake, each ship shall bear the responsibility according to the error
that occurred from it, and there is no solidarity between them if the damage suffered by
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others is material. As for bodily harm, such as death or injury, the sinning ships are jointly
responsible for it towards others, even if one of them pays more than its share, it has
recourse to the other ships and it is clear that the reason for the separation is the
.preference of human beings
Article 298 stated that the provisions of liability arising from the collision shall apply.208
even if the accident occurred by mistake of the pilot, and the reality is that there is nothing
new in this text, and it could have been dispensed with, because Article 286 kept the ship’s
leadership and management to the captain while the pilot was performing his work. The
ship is considered - in the most correct opinion - to be subordinate to the supplier, so he
.asks the supplier in this capacity about his faults, yet the text is given for confirmation
Article 299 introduces provisions imposed by humanitarian considerations and -209
maritime ethics, requiring mutual assistance between colliding ships and the exchange of
information so that each knows the identity of the other. If the collision occurred between
two ships, for example, and one of them was about to sink and the other was still able to
navigate, then it is not magnanimous for the captain of this ship to flee letting the other
ship go to the depths of the sea with the people on it, but the ethics of the profession
dictate that he take the initiative to help the stricken ship and exert the energy to save The
people on it. The project did not intend to leave this human duty to ethics alone, so it made
it a legal obligation to ask the master if he neglected him and the project did so knowing
that the vast majority of the divine revered this duty and did not need someone to impose
it on them, but rather wanted the draft by stipulating it to mention the few that might
.distract them Self-love and you forget it or forget it
The matter is not only limited to assistance, but also the captain of each ship must inform
the other colliding ships of the name of his ship, its port of registration, its destination and
its destination, in order to facilitate communication between the facilities that these ships
.follow to settle the effects of the accident between them
:Article 299 responds to the following notes
The obligation to assist only relates to the ill-fated ship and the persons on board, not to -1
.the money
The assistance is to the extent that it does not expose the ship or the people on board to -2 
.a serious risk, as there is no point in saving a life in exchange for the loss of another life
There is no obligation to exchange identities unless the circumstances allow that, and -3

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most likely circumstances do not permit, as every captain is preoccupied when the
accident occurs with the matters of his ship and with the assistance of other colliding
ships if that is in his ability and he does not think about informing them of matters which
English
. .they are - in most likely - aware of
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The obligation to assist and the obligation to exchange identities falls on the captain - 4
and not on the ship supplier, and it is based on that that the captain is responsible for their
violation, and the supplier is also asked if it is proven that the violation occurred based on
.explicit instructions from him
Article 300 relates to jurisdiction to hear cases arising from collision. In this system, .210
the draft transposed the provisions of the “Brussels” agreement of May 10, 1952 regarding
the unification of some rules of civil jurisdiction in matters of maritime collision. The aim
of the text is to facilitate the claimant by giving him a broad choice to file his lawsuit in the
.most appropriate place for him
The text also referred to arbitration and agreed upon, but it stipulated that it take place
according to the plaintiff’s choice - in one of the places in which the lawsuit may be
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instituted before the ordinary court so that arbitration is not used as a tool to corrupt the
.advantage that the plaintiff’s first paragraph decides
Article 301 spoke about the termination of the lawsuits arising from the collision and -211
made its two-year period effective from the date of the accident, and no exception is made
from that except for the colliding ships returning to each other on the basis of the joint
liability between them, as this recourse lapses after the lapse of one year from the date of
the establishment of the ship in question. The recourse proceeds with the fulfillment and it
.is worth noting that the draft does not decide against acceptance of the case
And the second paragraph of Article 301 of the internationally applicable rule, which is
permissible for every country. Considering the inability to seize the defendant ship in its
territorial waters is one of the reasons for stopping the statute of limitations, but the text
limits this advantage to the Egyptian creditor or settler. It should be noted that Article 293,
which imposed collision judgments on ships that are designated for the service of the
state or a public person for public service and for non-commercial purposes, excluded this
provision because these ships, as public money, are not subject to seizure. This quality
.does not prevent the statute of limitations from running in its favor
In the second chapter, the project spoke about rescue. The first thing that stops -212
consideration in this chapter is its title, as the project called it “salvation”, while Egyptian
jurisprudence - analogous to the old French jurisprudence - used to call it “aid and
rescue,” and the Anglo-Saxon legislation called it “rescue” while the French law issued on
the seventh of July 1967 "assistance". The project preferred to call it "rescue" because
this term denotes the outcome of the process that always begins with assistance and ends
with rescue. Help is a means and rescue is a result, and naming things by their results is
.better than defining them by means that lead to them
Articles 302 and 303 open the salvage provisions defining the scope of their -213
:application. The first of the two articles includes the following principles
For the provisions of the salvation to take effect, it is not required that the two ships, the -1
rescued and the disaster, be. Of the marine ships, but it must be at least one of them. In
application of this principle, the aforementioned provisions shall apply if the two ships are
sea ships. Or if one of them is free and the other is an inland navigation craft. It does not 
.apply if the two floats are inland navigation boats
Every floating in this place is considered an inland shipping vessel or vessel, according -2

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to the circumstances. The same is not true for adhering to a specific definition of a ship or
.an inland navigation vessel
The water in which the rescue is carried out does not matter, as it may be located at the -3
English
.top of the sea, in ports, in channels, in lakes, or in rivers
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The stricken pontoon must be in danger, that is, in circumstances that make its loss or -4
.the loss of its cargo or the people on it highly probable
The common meaning in these principles is the keenness to expand the application of the
provisions of salvage to include every vessel of any kind and wherever it is as long as it is
in danger. Article 303 added capacity to capacity and imposed salvage provisions with the
exception of a few - on marine vessels and inland navigation vessels designated by the
state or a public person for public service and non-commercial purposes, with the
exception of Article Two. This exclusion is justified by the fact that salvation is a moral
duty when danger occurs without regard to the type of navigation carried out by the
rescued ship or the stricken vessel. The project did not include warships in this exception
.to remain within the scope of their own laws
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The basic principle is that salvation is voluntary and is not imposed by law on ships, -214
because it may endanger it. If the stricken vessel asks for help, the ship that hears the call
will not succumb to it. There is no doubt that her abstaining from help is an act contrary to
ethics and professional ethics, but the matter is easy and can be palatable if it relates to
saving money. But if you ask for help to save people who are struggling with death at sea,
then refraining from it is a depravity that only comes from Satan, and that is why Article
304 made rescue in this case compulsory without any discrimination based on nationality,
gender, color or religion, but went beyond that and imposed commitment To rescue, even
if the person at risk belongs to an enemy country to Egypt. However, saving human lives is
not a duty unless it does not expose the rescued ship or the persons on it to serious
danger, as there is no point in rescuing a person if in return for this rescue is the loss of
another person or persons. As for exposing money to danger, it is not a justification for
refraining from providing rescue, because the human soul is more precious than all
money. The obligation to rescue does not fall on the vessel’s supplier, but rather on the
master, as he is liable in the civil (in addition to criminal liability) when violating him. The
provider shall also ask if it is proved that the failure to provide the rescue was based on
.his explicit instructions
Salvation is not free, and it should not be free in order for the rescuer to find a .215
material incentive to pay him. That is why Article 305 made a remuneration for it as the
reward in addition to salvage expenses and stipulated two things
to be entitled to the reward: The first: that the salvation leads to a beneficial result, such as
floating the stricken ship after its stranding, or picking up a person or money from
.drowning
The second: the reward should not exceed the value of the things that were saved, since it
is better for the owner of the money to let him drown or perish than to pay for his rescue a
reward that exceeds his value. This condition does not work a priori in the case of saving
.people because the human soul does not make money
However, if the salvage work did not lead to a beneficial result, then the ship for which the
.salvage work was presented is only bound by the expenses spent in this regard
And since the rescue carries the ill-fated ship an obligation to pay the reward or -216 
expenses, it must be left to it to estimate its necessity, and if it does not request it in
appreciation of it that it can face the accident by its own means without the help of anyone,

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then it is not permissible for any other ship to impose it on it in order to obtain the reward .
That is why Article 306 stipulates that the reward or expenses are not due if the stricken
vessel explicitly refuses the rescue. Nevertheless, the provision is made for the imposition
English
whereby the stricken ship rejects the arrogance of its captain or greed in the reward
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stipulates that the refusal be for a "reasonable cause." It is based on
this that if the stricken ship refused rescue and the rescued ship did it despite that and
then asked for the reward and expenses, then the stricken ship refuses to pay it on the
pretext that it refused the rescue and did not need it, then the reward or expenses are due
if the rescued ship proves the seriousness of the situation in which the stricken ship was It
is found in it and its inability to cope with it and the corruption of its master's decision to
refuse the rescue. In other words, if it is proved that the refusal was not a "reasonable
cause", and it is clear that the aim of providing an opportunity to discuss the rejection
decision is to stimulate the rescue ship to undertake the rescue despite this decision, if it
is estimated that it is corrupt and that the lives of the persons and the safety of the ship
.require rapid intervention
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Article 307 stipulates the entitlement of the reward or the expenses even if the -217
rescued vessel and the ship in distress are owned by one person, because the reward is
not due to the owner of the rescued vessel alone, but rather for its sailors and other
persons who participated in the rescue, and its location concerns shippers and believers.
Article 303 excludes this provision if the two ships are owned by the state or by a public
person and are specialized for a non-commercial public utility, as the entitlement to, or
lack of entitlement to, the reward is linked to administrative and financial rules that the
.project decided to leave the field for
Article 308 stipulates that no reward or expenses shall be due in the case of towing if, .218
during the execution of the operation, what occurred during the execution of the operation
that necessitated the tugboat to rescue the towed ship or rescue the people or money on
it, because the normal salvage work is part of the obligations of the tugboat. Nevertheless,
if this ship exerts an effort that exceeds the normal salvage work, it shall be entitled to a
.reward or expense for this additional effort
In accordance with international conventions, article 309 stipulates that no reward or .219
.expenses shall be payable for salvaging mail messages of any kind
Articles 310 to 314 talk about how the reward is to be assessed, and in this regard -220
:they set out the following principles
First: Estimating the reward and distributing it among the ships that participated in the
salvage, and dividing the share of each ship thereof between its owner, captain and
seafarer, all of this is left to the agreement of the concerned parties. If there is no
agreement, the court’s estimate is the principle. Nevertheless, the project did not want to
impose its rules relating to the distribution of the remuneration between the owner, the
captain and the sailors on the salvaged vessel if it is foreign, because the matter relates to
one of its purely internal affairs, and it may prefer that it be settled in accordance with the
provisions of its law Therefore, the last paragraph of Article 310 provided an isnad rule
.requiring the application of the science law in this regard
Second: There is a tendency in international agreements and some national legislations
not to decide a reward for saving people, on the pretext that saving the human soul is a
human duty that every individual should perform without expecting a reward for it except 
from God. Given the existence of this ethical humanitarian imperative, the project
assessed that it is illogical that it deserves the reward when saving money and does not

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deserve when saving people. It is feared that the sailors of the rescued ship - or at least
those with sick souls among them - would prefer salvaging goods over people, knowing
that they will not be rewarded for this rescue. Then it is fair for the rescuer to receive a
reward English
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That is why the project considered the issue to be dealt with from
its practical angle. In the first paragraph of Article 311, it stipulated the principle of
entitlement to a reward for saving people, leaving its appreciation to the agreement and to
the judge when disputing. The text faced the presumption that the person who rescued
was poor and could not pay any reward, so the judge authorized his exemption from it.
Thus, according to the text between the material and moral aspects of the issue. It may be
said, is he not afraid that the savior would prefer the rich over the poor? The answer is that
preferring a person over a person is less than preferring money over a human soul.
Moreover, it is most likely that salvation takes place in circumstances that do not allow
asking about the financial condition of the person who is rescued, for everyone who
drowned is struggling with death, and the rescuer does not choose the one among them to
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.save him, but rather he extends his hand to the closest to him and pulls him out
The project was not satisfied with determining the reward when saving people who were
able to pay it, but rather it made people who save human lives a share in the reward that is
given to those who saved money, so that the rescuers would not be distracted from saving
human lives, preferring to save a larger quantity of goods with which their rewards
increase. There is no place to participate in this reward for the one who received a special
reward from the person who saved him, as it is not permissible for the rescuer to be
.rewarded for his work twice
Third: Rescue usually takes place in circumstances that do not allow for a proper
assessment of the conditions under which it is carried out. The rescuer may take
advantage of the weakness of the stricken ship or the person at risk, imposing exorbitant
.conditions for salvation, especially with regard to the amount of reward
The two parties may agree on a reward that appears fair at the time of the agreement, then
it turns out that the services provided by the salvaging vessel exceeded the amount of this
reward. In the face of these possibilities, Article 312 permitted the court to nullify or amend
every agreement on salvation if it was judged that its terms are unfair. This is not a
departure from the norm, as it is likely that the terms of the contract of compliance are
fulfilled in the rescue agreement, so the provisions of Article 149 of the Civil Code, which
.Article 312 of the draft law do not depart from being an echo of it
Fourth: Article 313 clarifies the foundations that the court must observe as it assesses the
reward or decides on how to distribute it. These principles are mentioned according to the
.order of their precedence
Fifthly: Article 314 permitted the court to reduce or cancel the remuneration in the first
:place in two scenarios
The first: If it becomes clear that the people who took the rescue committed acts that made
the rescue necessary, that is, they fabricated it, as if they set fire to the ship to extinguish
.it, or if they threw a passenger into the sea to rescue him
The second: if they committed fraud: as if they took advantage of the state of panic, panic,
confusion and confusion in the ill-fated ship to commit heinous acts, such as looting the
.cargo or stealing the luggage of travelers 
Article 315 stipulates that, after two years, the claims claiming remuneration or .221
salvage expenses shall lapse. The period shall run from the date of the end of the rescue

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work. Its validity - in addition to the general reasons stipulated in the civil law - will cease if
the defendant ship cannot be seized in Egyptian territorial waters and the plaintiff is
Egyptian or resides in Egypt. This provision has no bearing if the defendant ship is
English
designated by the state or a public person for a non-commercial public utility. This
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meaning is understood from the beginning of Article 303, which imposed on these ships
.the provisions for salvage, with the exception of some provisions, including this provision
Article 316 relates to jurisdiction to hear cases arising from salvage and to arbitrate .222
them. The matter that I was concerned with is the necessity to file a case before the
Egyptian courts or to conduct arbitration in Egypt if the rescue took place in the Egyptian
territorial waters and both the ship that carried out the rescue and the ship that was
rescued were from the ships that have the Egyptian nationality. The text nullified every
.agreement that contradicts this provision
In the third chapter, the draft dealt with the maritime loss system, which is an ancient .223
system in which the maritime custom settled on special rules that were compiled in 1879
by some international organizations concerned with maritime navigation and became
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known as the “York and Antwerp rules”. Then these organizations continued to amend and
refine them whenever the custom changed. Its wording in 1890, 1924, and then 1950, and
.some amendments were made to this wording in 1974
Despite the prevalence of these rules, they were not concluded in an international
agreement, as happened with many other issues of maritime law. The reason for this is due
to the acceptance it encountered with suppliers, shippers, insurers and other stakeholders
in maritime navigation, so that they used to consider it an integral part of the agreements
they entered into even if they did not explicitly refer to them, just as the judiciary in all
countries used to apply it as an expression of maritime custom. In addition, it is good to
leave these rules free to change over time, to be reformulated from time to time without
.being codified in an international agreement that loses the advantage of flexibility
There is an opinion calling for the abolition of the joint losses system on the pretext that it
requires many expenditures and raises difficulties related to settlement, especially if the
accident occurs to a huge vessel carrying cargo for a large number of owners, as the large
number increases the complication of the settlement, and the expert who handles it is
rarely able to satisfy all those involved in it. Then, at the present time, it is most likely that
the sacrifice takes the form of sums that the captain spends for the sake of mutual safety,
and the provider wants to distribute it to the participants in the trip, and he himself may
cheat him and overestimate the sums he spent or demand sums that he did not spend. The
authors of this consideration say that it is possible to dispense with the system of joint
losses by making marine insurance compulsory and generalizing it to include joint losses
and private losses in exchange for an increase in the insurance premium. The project did
not follow this trend because the system of joint losses is well established in maritime
trade, and it has not happened in any international meeting that a practical body called for
its abolition. In addition to that, the captain’s feeling that what he spends in terms of public
safety is not borne by the supplier alone, but is shared by all concerned in the trip. This
feeling makes the captain make the decision to sacrifice without hesitation, which may
miss the opportunity for survival. For all this, the project saw the preservation of the
system of joint losses, but rather kept it absolute from every restriction that suspends its
application to the loss reaching a certain amount, which is a solution that some 
jurisprudence indicates to take it to exclude losses of little value, and to reject the project
.leaving the matter of such losses to the agreement of the concerned parties

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It was natural for the project to use the rules of "York and Inverness", but it did not
transmit them in their entirety, because they include partial applications that are not in
place of a legalization that aims to be restricted to the faculties and leave the parts to be
English
.modified by work and shaped by custom
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Article 317 opens the provisions on joint losses by speaking in their sources. The .224
principle in this regard is to leave the freedom to the stakeholders to organize the way the
losses are distributed among them by agreement they conclude for this purpose. If there is
no agreement, the texts are applied, and if the text is absent, the maritime custom is
applied, and if the text and custom are in conflict, then the preponderance of the custom is
unless the text is imperative and the judge’s reference in custom is the rules of "York and
Frances" first resorting to special applications (the rules specified by numbers) and if he
does not find between them The application he sought, he resorted to the general rules
(designated by letters) because the private obscures the general, and because this was the
plan drawn up by the rule of interpretation that was placed on top of the rules in the
.drafting of 1950
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Article 318 divides marine losses into two types: joint losses and special losses. .225
Article 319 defines each of the two types, and begins to clarify the conditions that, if they
are available, the loss is considered joint, and then the special loss is defined as the loss
in which these conditions are not met. And since the loss requires the availability of
certain conditions, the principle is that the loss is special until the evidence for the
.availability of these common conditions is based, so it is considered common
The conditions required by Article 319 to consider the loss as joint are summarized as
:follows
That the loss occurs as a result of a maritime accident requiring an extraordinary -1
sacrifice or the spending of extraordinary expenses to prevent a danger to the ship or
cargo. Due to technological progress, the loss often takes the form of expenses that the
.captain spends and then distributes it to the parties concerned on the cruise
That the sacrifice or expenditures be made out of the free will of the master. That is, -2
based on his assessment of the circumstances and then taking the appropriate decision. If
sacrifice or spending is imposed on the master by the public authority, for example, then
.the loss is not considered joint
That sacrifice or expenditures be made for the sake of common safety. It is not required -3
that the danger threatens the ship and the cargo together. It may be limited to the shipment
and even to a part of it without specification, such as the threat to the shipped goods in
the wards adjacent to the place where the fire broke out. The sacrifice or spending must be
a reasonable amount, that is, to the extent necessary to avoid the danger. If the captain
exceeds this limit, it becomes a waste of the master, and the supplier bears the excess
.amount
That there is an imminent danger threatening the ship or the funds on it. The purpose of -4
sacrifice or spending of expenses is to prevent this risk. The imminent danger is the one
that must be faced with swift action, otherwise damage will occur. It is not required that the
danger actually occurs, but it is sufficient for the captain to believe for reasonable reasons
that it is definitely a reality and that the ship or its cargo is inevitable if he does not initiate
.the sacrifice or spend the expenses
These are the conditions for considering the loss as joint. In the rules of York and Invers, 
designated by numbers, many pictures of what passes and what is not expressed in
common losses, and the project did not transmit these images because they are part of the

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.parts that it did not want the texts to be conveyed in

The private loss does not raise any legal difficulty, as general rules are applied in it, -226
so the loss shall be borne by the owner of the thing or whoever spent the expenses,
English
provided that he has recourse to the one who caused the damage or who benefited from
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is why Article 320 has taken the initiative to affirm these solutions
so that the following texts are devoted to the issues of joint losses. These issues revolve
around three points: specifying what is acceptable and unacceptable in joint losses,
.settling losses, and provisions for the debt that arises from them
Articles from 321 to 328 dealt with the first issue (what is acceptable and what is not -227
:acceptable in joint losses) and set the following rules in this regard
Every sacrifice or expense that the master does not decide to make or spend is not -1
accepted in joint losses. This rule was not mentioned in the (York and Invers) group, but
the project put it in line with the prevailing opinion in the global judiciary, and because it
would prevent the chaos that would occur if there were multiple parties that could issue a
.decision of sacrifice or spending
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In common losses, only material damages are accepted, for which the sacrifice is the -2
direct and influential cause. Meaning, there must be a causal relationship between the
damage and the sacrifice. And in the second paragraph of Article 322 - examples of
.material damages that are not acceptable in joint losses because they are indirect
Without considering the loss as a joint, it is not permitted that the accident that arose -3
out of it occurs by the fault of one of the parties concerned during the trip. In this case,
this person's sacrificed money is not accepted into the creditor group while his saved
.money is contributing to the debtor group
Alternative expenses are accepted in joint losses. If necessity requires the disbursement -4
of certain expenditures that are inherently included in the joint losses and then substituted
for them by other expenditures, then the amount that is accepted in the joint losses is the
one that was actually spent, not the amount that was intended to be spent, on the
condition that it does not exceed it, as it is not permissible that the replacement of the
.alimony increases the burdens of the participants In loss
Goods shipped on deck in contravention of the provisions of Article 216 (that is, without -5
the shipper’s permission and without obligation in law or custom) are considered joint
losses, if they are salvaged, and are accepted into the debit group to bear a share of the
joint damage. If it is sacrificed, it is not accepted in the credit group unless it appears that
its shipment on the surface was not with the permission of its owner or was based on a
provision in the law or what was customary at the port of shipment. An exception to this
last rule is coastal navigation between inland ports, as this navigation is usually carried
out by small-sized ships that place the bulk of their cargo on their surface, and Article 216
.excludes it from shipping restrictions on the surface
Goods that are transported surreptitiously (which are expressed in Article 226 in - 6
respect of goods for which no bill of lading or receipt has been issued) contributes to the
debit group if they are rescued in order to bear a share of the joint damage, and are not
.accepted into the creditor group if they are sacrificed
Goods for which a statement is submitted at less than their real value shall be included -7
in the joint losses, and if they are sacrificed, they are included in the creditor group at their
declared value. And if it is saved, it will be included in the group in debt with its true value, 
.this and that as punishment for lying
Unchecked baggage (which is expressed in Article 328 as baggage in respect of which -8

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no bill of lading or receipt has been issued) and postal letters of all kinds do not contribute
to joint losses if they are saved, and are accepted into the credit group at its estimated
.value if sacrificed
English
Articles 329 to 336 deal with the settlement of joint losses and the following rules are .228
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The obligations and rights arising from joint losses are made up of two groups, one - 1
.debtor and the other a creditor
Contributing to the debtor group is the money that benefited from the sacrifice that was -2
made or the sums that were spent, that is, it was saved from the money shared in the
voyage (the ship, the freight and the goods) and Article 330 showed how to estimate the
.value of what each money contributes to compensation for joint damages
The creditor group shall accept the money that was sacrificed and the sums that were -3
spent. Article 331 indicated how to estimate the value of the loss when it comes to the ship
and the goods. It is noteworthy that the project took in this regard the method of "value
difference", which is the method approved by the "York and Inverse" rules in drafting the
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year 1950 instead of the relative method that prevailed since the drafting of 1890 and
.attached to it by the judiciary in many countries
The expenses incurred to collect the amounts arising from the contribution to the joint -4
.losses are considered as joint losses and are accepted therein
The sums provided by the owners of the goods in order to guarantee what they owe in -5
the joint losses. One of the banks is deposited in a joint account in the name of a
representative on behalf of the supplier and on behalf of the owners of the goods so that
.the supplier is not alone in disposing of them
The joint losses are distributed among all the stakeholders in the cruise. The settlement -6
shall be undertaken by an expert appointed by the concerned parties or appointed by the
judge in the event of a dispute. There are experts who specialize in this process and in
some countries they have federations. Lloyd’s offices are carrying out expertise in
.important ports
If one of the concerned parties objects to the settlement, it must be presented to the - 7
court, and the court may approve or reject it, and in the latter case the court appoints
.another expert to conduct a new settlement
Articles 337 to 339 relate to debt that arises from the contribution to joint losses. The .229
:rules that I have laid down in this regard are summarized as follows
This debt guarantees two rights: The first is the right to withhold goods that must - 1
contribute to the losses until their owners provide sufficient security to pay their share in
the losses. The second is a privileged right placed on the salvaged goods or their price if
the debt is owed to the supplier, and on the salvaged vessel and its wages, if the debt is
.owed to the owners of the goods. The concession includes settlement expenses
No solidarity between those obligated with the amounts arising from the participation in -2
the joint losses. However, Article 339 obliges those who are obligated to a provision of
.solidarity is to distribute the share of the insolvent among them to others
Article 340 stipulates that, after two years, cases of sharing in joint losses shall be .230
decided. The reasons for the interruption set out in the Civil Law are applied to this period,
and another reason is added to it, which is the appointment of the settlement expert, as the
period is interrupted by this appointment and the statute of limitations remains suspended 
until the expert retires or terminates his mission and the settlement is signed, and then a
two-year prescription also applies from the date of his retirement or signature On the

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.settlement
Chapter Five
Marine Insurance
Marine English
insurance concludes by virtue of printed contracts that regulate the relations .231
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in a detailed manner that addresses both primary and secondary
issues. That is why these contracts are characterized by length and complexity, and the
insured often signs them without bothering to read them in full or check the content of
their clauses. And the believers used to prepare their contracts in this way because they
are not satisfied with the adequacy of legal texts, and because insurance from contracts
concluded in an environment of possibilities suggests that they are in excess in the
.clarification
This section is the outcome of a study of a number of the most important insurance
policies used in maritime transactions, especially the Lloyd’s documents. The project
extracted its summary and compiled it into texts that include general principles in the
marine insurance contract and the solutions that are applicable to the most important
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types of this insurance. It is hoped that the insurance establishments will be reliant on this
practical organization, so that they will refrain from elaborating on the contracts they print
.and from repeating the provisions that the project has mentioned above
The chapter includes two chapters: the first concerns the general provisions relating.232
to the conclusion of the insurance contract, the obligations of its parties and the
settlement of damage. And the second in the provisions relating to some types of marine
insurance that are common in work. Article 341 opened Chapter One by establishing a
.definition of marine insurance so that it would not be mixed with other types of insurance
Article 342 requires that the marine insurance contract be proven in writing, and .233
Article 343 follows that by mentioning the data included in the insurance policy without
.limiting these data. Article 344 then spoke in document form
The matter that stops looking at this text is what was mentioned in its last paragraph,
which obstructs the work of the principle of clearing defenses in the field of marine
insurance, and it is a solution over which the jurisprudence has disputed and is the most
.likely to judge
Article (345) permits reinsurance for the insured and provides for the selection of .234
direct relationships between the original insured and the second insured who has
reinsured. This means that reinsurance leads to the existence of two insurance contracts,
each of which is independent of the other, a contract between the original insured and the
first insured whose subject matter is insurance on the ship or cargo, and a contract
between the first insurer (who is the insured in this contract) and the second insured
whose subject is insurance against the insured's liability The first in a ship or cargo
insurance contract. Reinsurance is one of the major operations in marine transactions,
.and there are facilities specializing in it
Article 346 sets out two important principles: First, the validity of all funds exposed to .235
marine dangers to be the subject of marine insurance. The second: the need for an interest
for the insured or for the beneficiary of the insurance in not having the risk arising in order
.not to seek him out in the hope of obtaining the insurance amount
And since it is not acceptable for him to enter into insurance and remain idle due to .236
the non-validity of the insured risk, the first paragraph of Article 347 stipulates that the 
insurance lawsuit will not be accepted if two months have elapsed from the date of its
conclusion or from the date specified for the start of the risk without the risk beginning to

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take effect . It is noted that the lesson in this regard is not the occurrence of the risk, but
rather its entry into force, that is, the beginning of the exposure of the insured's money to
danger. The second paragraph did not apply this ruling on the insurance policy jointly
except English
with regard to the first shipment, which is an exception required by the nature of
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Articles (348 to 351) dealt with the invalidity and annulment of the insurance contract, -237
allowing the insured to request its annulment or its annulment according to the
:circumstances in the following assumptions
If the insured provided incorrect data or was silent about providing necessary data and -1
this or that matter resulted in the insured’s risk being less than his truth, the insured may
request the contract being annulled, and the insured is entitled for this purpose the full
.premium if the insured’s bad intent is proven . And half of the installment if no bad intent
If the insured is indolent and does not notify the insured within the legal time limit of the -2
circumstances that have increased the risk against him, the insured may request the
termination of the contract. However, if the notification occurred and it was found that the
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increased risk did not result from the insured's action. Insurance remained in effect as the
premium increased. If the opposite is evident, the insured has a choice between canceling
the contract while preserving the insurance premium, and maintaining the contract while
.increasing the premium
If the amount of the insurance exceeds the value of the insured items, the insured may - 3
request the annulment of the contract, and the insured retains in this assumption the
entire insurance premium as it becomes clear that the increase in the amount of the
insurance was the result of fraud on the part of the insured, as if he intended to
overestimate the value of the insured items or Its quantity or importance. But if fraud is
denied, then it is not null. Rather, the amount of insurance is reduced to the value of the
insured things. If the amount of the insurance is less than the value of these things, then
there is no effect on the validity of the contract, and the insurer is bound only within the
limits of the agreed upon amount. It is clear that the aim of these provisions is to prevent
.the use of insurance as a means of unjust enrichment
The insurance contract shall be null and void if it is concluded after the insured thing - 4
has perished or after its arrival, since the insurance is then not relevant. What is its use if
danger occurs and the thing perishes? And it is not concluded if safety is achieved? It is
sufficient for the occurrence of nullity to report the destruction of the object or its arrival to
the place of conclusion of the contract, the place of the insured or the place of the insured
even if their personal knowledge of the death or arrival is not proven, unless the insurance
is on the condition of good or bad news, and it is not void unless personal knowledge is
.proven
Articles 352 and 353 speak of the purpose in which one danger is insured by several .238
believers. The first of the two articles was concerned with the purpose of having multiple
believers in one contract. So it obligated each of them to the proportion of his share in the
sum of insurance and within the limits of this share, without solidarity between them.
Article 353 deals with the purpose in which contracts are multiplied and the sum of their
sums exceeds the value of the insured thing, and it permits the insured - except in the
case of fraud - to claim each insured for the ratio of the amount of insurance he committed
to with the real value of the insured thing. It also allowed the insured who pays the 
compensation to refer to the other insurers to claim each of them for his share of the
compensation in proportion to the amount he committed. In spite of the lack of solidarity

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between the various believers, the text stipulated that the share of the insolvent of them be
.distributed among its wealthy colleagues
Article (354) opens the discussion on the obligations of the believer with a general .239
English
:principle. It is the insurance coverage of the following damages
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The material damage that occurs to the insured thing due to a risk covered by the -1
.insurance
The share of this thing in joint losses, unless it arises from a risk not covered by -2
.insurance
Expenses that are spent due to a risk covered by the insurance to protect the insured -3
.thing from material damage or to limit this damage
Article 355 added a principle complementary to the previous principle, namely, the .240
responsibility of the insured for material damage to the insured thing, even if the damage
occurred due to a mistake on the part of the insured or his land affiliates. And lest this
principle tempt the insured into tampering and negligence in exerting reasonable care to
preserve the insured thing and monitor its subordinates, the text was restored, so the
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insured was permitted to dispose of the insurance payment if it was proven that the
damage was caused by an intentional mistake or a serious mistake on the part of the
insured. As for the mistake of the subordinate land, whatever its gravity, there is no way
.for the believer to escape responsibility for it
The matter is not limited to the error of the insured and the error of his land followers, but
the second paragraph of the text holds the insured also responsible for the errors of the
marine followers (the captain and sailors). Except for the master’s intentional mistake in
the case of the ship’s insurance, the second paragraph of Article (377) exempted the
.insured from liability for it
Article 356 kept the insured responsible for the errors covered by the insurance in the .241
event of having to change the road, voyage or ship. An example of a forced change is
deviation to save a drowning person, escape from an enemy, or to prevent a storm. The
liability of the insurer in the event of an unforced change is limited to damages that occur
.in part of the agreed-upon road or the usual route in the absence of an agreement
The first paragraph of Article 357 gave examples of dangers that are not covered by .242
insurance except by special agreement, and mentioned the dangers of war, revolutions,
nuclear explosions and other dangers mentioned in the text. The second paragraph added
that insurance does not include damages that the insured thing causes to other conditions
or persons, which is self-evident because insurance is related to guaranteeing the
damages that occur to this thing, not the damages that occur from it, as the subject of
.guaranteeing these last damages is insurance against liability
Article (358) states what is covered by the dangers of war if it is agreed to cover it. .243
Article (359) assumes that, in case of doubt about the source of the damage, that it did not
arise from a war risk until evidence to the contrary is established, which is a solution
.consistent with the prevailing opinion in jurisprudence
Article (360) mentioned examples of damages that the insurer cannot be asked about, .244
the most important of which is the indirect damages resulting from ship disruption, delays,
price differences or obstacles that affect the business process that the insured
.undertakes
As for Article (361), it relates to what is called “allowances,” which are limits for -245 
compensation that are agreed to exempt the insured from them, as well as if it is agreed to
exempt him from damages that do not exceed one hundred pounds, for example. If the

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damage exceeds this limit, it amounted to one thousand pounds, for example. Exemption
from compensation and the insurer is only obligated to the amount that exceeds this limit
(nine hundred in the example) unless it is agreed to suspend the exemption, when the
damageEnglish
exceeds the agreed limit, then the insurer is obligated to pay the compensation in
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the amount covered by the exemption (a thousand in the example) and in all
cases The exemption is calculated after deducting the normal deficiency that afflicts the
insured thing during the road because this decrease is from the damages that Article (361)
stipulates that the insured is not liable for it. It is noted that the draft did not provide for
legal permits, for what is permitted within its framework is not decided except by
.agreement or custom
Article 362 mentioned the obligations of the insured. It goes without saying that the .246
obligation to pay the insurance premium comes first. There are other obligations that are
no less important, such as the obligation to exercise reasonable care to preserve the
insured thing. Without this obligation, the provision in Article 355 would not have been
possible to include insurance for damages that arise from the insured's personal mistakes,
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and the obligation to declare at the conclusion of the insurance and during its validity with
the data and information that enable The insured is from assessing the risk and the
increase that may occur to it, as there is no way for the believer to know about it except
.through the insured
Article 363 spoke about the effects of the insured's failure to pay the insurance -247
premium and took into account the provisions laid down to preserve the rights of the
parties to the contract, so it allowed the insured to stop the contract's effect or terminate it,
but it did not have an effect on the suspension or termination unless the insured was
notified of it and a certain period had lapsed. During it, he can prevent this result by paying
the late installment and expenses so that the contract will be effective. The text re-
enforced the suspended contract after twenty-four hours from the date of payment of the
.installments and expenses
The text did not neglect the rights of bona fide third parties to which the insurance policy
is transferred, and it did not make the suspension or termination of the contract effective
for it, provided that the transfer of ownership takes place before the occurrence of an
.accident and before the notification of suspension or termination
Article 364 added two other obligations on the insured that are imposed by good faith .248
that must be present in the implementation of contracts, and they are the first: to exert
energy at the occurrence of the accident to save the insured things or to determine the
damage, as it is unreasonable for the insured to stand at the occurrence of the accident
and an indifferent spectator. Depending on the compensation paid by the insurer, and the
second: taking the necessary measures to preserve the right of recourse against the
.responsible third party
Then came the role of speech in settling damages when the risk against which the -249
insured occurred. Article 365 made settlement by way of payment of compensation the
principle, and settlement by way of leaving insured things was not permissible except
.when there is an agreement or provision in the law
And if the settlement is done by way of paying compensation, then the obligation of -250
the insurer is limited to paying it. For this reason, Article 366 stipulates that he is not
obligated to repair the damage that affects the insured things or replace them with others. 
.On the contrary, Article 367 obliged him to pay the share of these things in joint losses
Articles 368 to 370 separate the provisions for settlement by way of abandonment, .251

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stipulating that the forsake be inclusive of all insured things. And that it is not dependent
on the condition, and it is prohibited to return to it except with the insurer's consent, and it
has arranged for him to transfer the ownership of the abandoned things to the insured
English
from the day he declares his desire to leave in exchange for his commitment to pay the
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insurance, but it permits him to refuse the transfer of ownership to
him while remaining obligated to pay the entire amount of the insurance if It was estimated
that this property would harm him, as if the thing was a ship that had become a wreck in
the sea that interferes with ships' path and exposes its owner to liability if it collides with
it, and the project transferred this ruling from the French law issued in 1967 that confirmed
.the practice of work in French insurance documents
Article 369 spoke about how to declare the desire to leave and the date for its submission.
Article 370 added the obligation of the insured to declare all other insurance contracts
related to the insured thing so that the insured can use the right of recourse referred to in
.Article 353
Whether the settlement is by way of paying compensation or by way of abandonment, -252
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Article 371 obliges the insured to observe the truthfulness of what he says. If he
deliberately neglects the causes of its occurrence or exaggerates the damages that he has
caused, or provides any other information that may mislead the insurer, the text on this
deception has arranged for the loss of his right to the whole or part of the insurance
.amount if the misleading results in harm to the insured
Article 372 replaced the insured who paid the compensation in place of the insured in .253
all the rights that arose to him from the accident. It is a legal solution that the text singles
out for because it does not fall under the cases of legal solutions stipulated in Article 326
of the Civil Code. With the existence of this text, there is no longer a place for controversy
as to whether the insured has a direct recourse to the third party responsible for the
damage, but his rights before this third party do not override the rights of the insured, and
.it is permissible for others to adhere to everything he can invoke before the insured
Article 373 concluded the general provisions with words regarding the termination of -254
the lawsuits arising from the marine insurance contract, making it a two-year period, and
every lawsuit arising from the contract, regardless of its subject matter and whatever the
insured money, was subject to it, and it indicated how the period begins in the various
assumptions. New reasons have been added to it derived from the methods of dealing in
the field of marine insurance, and the text did not refer to stopping the period because it is
subject to general rules. A good judiciary arranges for serious negotiations between the
two parties with the aim of reaching an amicable settlement stopping the statute of
.limitations throughout the period in which the two parties exchange offers continuously
In the second chapter, the bill laid down provisions for some types of marine -255
insurance, and it spoke about two types of insurance, namely ship insurance and cargo
insurance, as they are the most common types of marine insurance at work, and a third
type was added to it, which is insurance against liability, which is a type of insurance. It
was not known in the maritime circles that for a long period of time were averse to bearing
responsibility and accepting the conditions for exemption from it, until the situation
changed after the conclusion of international agreements that adopted the principle of
limited liability and nullified the terms of the exemption, so shipowners and those in
charge of maritime transport operations had to resort to insurance to face the burdens 
.This responsibility entails on them
Article 374 begins the first section on ship insurance by referring to the forms of this .256

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insurance, saying that it is held for one voyage, consecutive voyages, or for a limited
period. Articles 375 and 376 indicate when the insurance begins and when it ends in each
.version of it
English
Article 377 exempted the insurer from compensating for the damage that results from -257
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the ship, unless the defect is hidden, and from compensation for the
damage that results from a deliberate error of the master rather than the sailor, as if he
sets the ship on fire or deliberately collides with rocks, and is a traditional solution
confirmed by the text An exception to the provision of the second paragraph of Article 355,
which establishes the insurer responsible for the damage that befalls the insured objects
by mistake of the captain or the sailors. It is required that the mistake be intentional, that
.is, with the intent to cause harm, and to prove the insured
On the contrary, Article 378 stipulates that insurance covers the liability of the insured
before others for damages that occur as a result of collision, which in turn is an exception
from the provision of the second paragraph of Article 357, which excludes from insurance
the damages that the insured things cause to money and people, as these damages are
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not covered by the insurance Rather, it is covered by insurance specially held against
.liability
Article 379 clarifies the insurance premiums payable in various forms of ship .258
.insurance
Article 380 considers the entire amount of the insured as a guarantee for every .259
accident that occurs during the validity of the insurance, even if there are multiple
accidents. Meaning that the insured pays compensation for an accident does not entail
reducing the amount of insurance by the amount of compensation paid, but rather the
amount of insurance remains at the amount specified in the contract throughout the
validity period of the insurance without increasing the premium or collecting an additional
.premium unless otherwise agreed
Article 381 establishes the liability of the insurer in the event of settlement by way of .260
compensation for the expenses of replacing parts and repairs necessary to make the ship
navigable. It is noted that there is no contradiction between the provision of this article
and what is stated in Article 366, which exempts the insured from the obligation to repair
the insured things or replace others with them, because this last article exempts the
insured from only repair or replacement, but it does not exempt him from the obligation to
pay the expenses of repair or replacement that it has set Article 381 takes upon himself in
the case of ship insurance. As for the other compensation arising from the decrease in the
.value of the ship or its inactivity, the insurer shall not be liable for them
Article 382 does not allow, upon the occurrence of the accident, a dispute over the .261
settlement of the ship if it was estimated in the insurance contract, unless it is proven
fraud on the part of the insured. Nevertheless, a dispute is permissible if it is related to
estimating the ship’s share in joint losses or salvage expenses. The agreed value includes
the hull of the ship and the accessories owned by the insured. If a special insurance is
concluded for these accessories and then the ship is completely destroyed or left for the
insured, the estimated value of the ship must be reduced by the equivalent value of the
.accessories so that the insured will not be compensated twice for it
Article 383 spoke about the circumstances in which the insured is permitted to leave -262
the ship for the insured, and all revolve around one meaning, which is the destruction of 
the ship, actually or judiciously, or its damage that cannot be repaired, or its repair
requires exorbitant expenses, or if its salvation requires such expenditures. If the

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insurance is comprehensive for the risks of war, the ship is considered as perishable if it is
captured, detained, or arrested by order of the public authority and the insured has not
been able to recover it during a period after which it is likely that he has lost hope of
English
.recovery
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If the supplier has several ships and enters into a private insurance for each of them -263
with the same insurer, Article 384 confirms the work carried out in terms of considering
each ship a stand alone unit and settling the damages that occur to it as if it was belonging
to a different supplier, then its insurance does not cover the damages. They happen to
other ships, and the insurance amounts for these ships do not supplement the damages
that happen to them. Likewise, the goods owned by the supplier and on the insured ship
are considered to the insured as if they were owned by others, so they are not covered by
.the ship's insurance
Article 385 speaks about the fate of insurance when the ownership of the insured ship .264
is transferred to a new owner. The transfer of ownership was attached to the case of
delaying the vessel not equipped because the lessee in this form of the rental bears the
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insurance expenses. And the rule set by the text is the transfer of insurance by law to the
new owner or tenant. On condition that the insurer is notified of the transfer of ownership
or lease. Nevertheless, the text permits the insured to terminate the contract because
insurance is one of the contracts in which the personal consideration is noted, and the
insurer may not be reassuring about the new owner or the equipped tenant. The text also
kept the original insured obligated to pay the due insurance premiums until the date of
.transfer of the property or the lease
If the insurer did not notify the insurer of the transfer of ownership or the lease on the
specified date. The insurance shall cease to be in effect from the date of the expiration of
this period, but it will revert to the validity if the notification occurs. Whereas the insurer
does not guarantee the risk that occurs during the suspension of insurance. The text
.obliged him to refund part of the installment for the period of suspension
The text of its provisions on the ownership of the ship was not made publicly unless the
.transfer of ownership included the majority of shares
Article 386 concludes the provisions of insurance for a ship by confirming its validity .265
even if the insurance is limited to the period of the ship’s presence in a port, berth, dry
dock, or anywhere else. The text also applies the aforementioned provisions if insurance is
.concluded on the ship while it is in the building cycle
The second section deals with insurance of goods. Article 387 began with a .266
description of the forms of this insurance, saying that it is based on a single-trip document
or a “subscription document”. What is meant by the subscription document is the contract
whose subject matter is insurance during a certain period on multiple shipments of the
insured. This document is sometimes called (the floating document) because it does not
.include a definition of the goods it covers
Article 388 establishes an important principle that the goods remain covered by .267
insurance wherever they are during the voyage as determined by the insurance policy.
Article 389 applies this principle when it stipulates that the goods shall remain occupied
with marine insurance during the voyage, even if they are the subject of land, river or air
.transport that complements the voyage, unless otherwise agreed upon
Pursuant to the general rule, article 390 does not allow the amount of the insurance to .268 
exceed the value of the insured goods, but the difficulty in this regard relates to how to
estimate this value. Is it estimated on the basis of the purchase price of the goods or their

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current price in the place and time of shipment in addition to the transportation costs and
the hoped-for profit ? Or on the basis of its value at the time and place of arrival? Or on the
.basis of the selling price if sold? And take care of the three amounts
English
And for the rights of the insured, the text took the best of these foundations for it, i.e. the
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As for the losses that affect the goods, they are estimated according to Article 391 on - 269
the basis of the difference between its damaged value and its sound value in one place
and time, then the percentage decrease in value is applied to the amount of insurance, for
example if the insurance amount is 800 and the value of the goods is intact 1000 and its
value is damaged 750, meaning that That the goods lost a quarter of their value (250), so
this percentage is applied to the amount of insurance, so the compensation owed is a
quarter of the amount, that is, 200. It is worth noting that the project followed the relative
method in this area because it is more appropriate for insurance, unlike its position
.regarding joint losses, as it took the difference in value
Article 392 mentions the cases in which the goods may be left to the insured, and they .270
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all revolve around one of two meanings: the loss of the merchandise, in act or judgment,
or the loss of the insured having all interest in keeping it. What is striking about this text is
what came in the last clause of the first paragraph which permits abandonment “if the
goods are sold during the voyage due to physical damage,” then the abandonment in this
.case does not focus on the commodity itself, but rather on the price for which it was sold
If the insurance includes the dangers of war, it is permissible to abandon the ship if the
ship was captured, detained, or stopped and the insured was unable to take out the goods
from it and recover them within a certain period, and the goods after their loss are
.considered as perishable
Article 393 relates to the subscription document, requiring it to include general .271
conditions common to all shipments and to set an upper limit for the amount that the
insurer pledges to pay for each shipment, because his liability for a single shipment does
not exceed the amount assigned to it. As for the conditions relating to each shipment
separately, such as specifying the goods that the voyage and vessel cover, they are set out
.in annexes for each shipment
Article 394 spoke about the shipments covered by the subscription document, and .272
:distinguished between two types of them
The first: The shipments that occur to the account of the insured personally or in
implementation of a contract obligating the conclusion of insurance (such as selling a
"sword" for example, and these shipments are subject to insurance automatically from the
time they are exposed to the insured's risk, provided that they are notified on the date
specified in the policy. The insured has a serious interest in it as an agent of commission
or a trustee of goods or other characteristics, and these shipments are not subject to
insurance except from the time the insured is notified. The text does not refer to shipments
that the insured carries out for the account of others in implementation of instructions
issued to him without having a serious interest In it, because these shipments are not
.included in the subscription document a priori
Article 395 clarifies the penalty for the insured's breach of the obligation to notify the -273
insurer of the shipments that he finds, and it permits the insured to cancel the insurance
immediately with compensation, and in the event of bad faith he shall have the right to 
recover the amounts it paid for accidents related to shipments subsequent to the
. .occurrence of the first intentional violation on the part of the insured

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Article 396 requires, in all cases of cargo insurance, to notify the insured of the .274
occurrence of damage within fifteen days from the date on which the insured has delivered
the goods, otherwise it is assumed that he received them intact until evidence is found to
English
the contrary of this presumption. In determining this date, it was taken into account to
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of the parties to the contract by allowing the insured sufficient time
to examine the goods and to uncover the damage that occurred to them and to prevent the
indolence that may be lost to the insurer the feasibility of the investigations that he
conducts to verify the nature of the damage and its connection with the insured risk and
other matters on which his obligation to pay depends Compensation amount. It is noted
that the text does not create an argument not to accept the case, but rather an
.presumption in the disadvantage of the insured until proven contrary to it
The third branch relates to insurance against liability, and Article 397 opened it with a .275
basic principle that the insured is not obligated to pay compensation unless a third party
who has been injured makes a friendly or judicial claim - to the insured, because the
insurer's liability is subordinate to the responsibility of the insured, so if the injured person
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does not claim compensation, There is no place for the obligation of the insured, and it is
derived from this principle that the commitment of the insured may not exceed the amount
of compensation that the insured is obligated to pay to the injured third party. Article 398
applied this principle when it assumed the existence of insurance on the ship and another
insurance against liability for the damage caused by the ship to others, so it did not make
this last insurance effect in the event of collision, unless the amount of insurance on the
.ship was not sufficient to cover the damage
Article 399 presupposes the existence of several insurances to ensure liability. It .276
stipulates that no matter the number of accidents that occur, every insured is not obligated
for each accident except within the limits of the amount mentioned in his insurance policy,
provided that the total of what the insured receives does not exceed the value of the
.damage arising from liability
Article 400 permits those who build a ship or repair a ship to take out insurance to .277
ensure that they are liable for any damage that may occur to the ship or to third parties
during construction or repair operations. And since this insurance is not originally
considered marine, the provisions of marine insurance do not apply to it unless the parties
to the contract agree to that. If this agreement is not signed, the provisions of land
.insurance apply to it
The Minister of Justice has the honor to present the accompanying bill, please approve it,
.and proceed with the procedures for issuing it

( Referred Legislation (4 ( Precision Applications (3) (/data/ahkam/app/1/4821/1716993 

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Applications of the provisions of the Sunnah 

English
(Year 2020 - 1 judgment (/data/ahkam/app/1/4821/0/2020
(Year
Powered ByTranslate (Https://Translate.Google.Com) 2019 - 4 judgments (/data/ahkam/app/1/4821/0/2019
(Year 2017 - 4 judgments (/data/ahkam/app/1/4821/0/2017
(Year 2015 - 1 judgment (/data/ahkam/app/1/4821/0/2015
(Year 2014 - 2 judgments (/data/ahkam/app/1/4821/0/2014
(Year 2013 - 5 judgments (/data/ahkam/app/1/4821/0/2013
(Year 2012 - 3 judgments (/data/ahkam/app/1/4821/0/2012
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Applications of Fatwa Sunnah 

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(Year 2019 - Number (1) fatwa (/data/fatwa/app/1/4821/0/2019

(Year 2006 - Number of (2) fatwas (/data/fatwa/app/1/4821/0/2006
(Year 2003 - Number (1) fatwa (/data/fatwa/app/1/4821/0/2003
(Year 2002 - Number (1) fatwa (/data/fatwa/app/1/4821/0/2002
(Year 1993 - Number (1) fatwa (/data/fatwa/app/1/4821/0/1993
(Year 1992 - Number (1) fatwa (/data/fatwa/app/1/4821/0/1992

Fatwas of the State Council 

Fatwa No. 73 of 2019 File No. 54/1/566 dated 01-19-2019, session date 19-01-2019 
((/data/fatwa/details/12543
Fatwa for the year 60 file number 634/2/37 dated 2006-02-15, date of the session 15-02-2006 
((/data/fatwa/details/7861
Fatwa for the year 60 file number 620/2/37 dated 2006-02-15, date of the session 15-02-2006 
((/data/fatwa/details/7862
Fatwa No. 838 of 58 Page No. 100 File No. 3391/2/32 dated 21-12-2003 Session date 11-05-2003 
((/data/fatwa/details/5600

Legislation referred to 

Arab Republic of Egypt - Law - for the year 1883 published on 11-13-1883 - regarding the issuance of the 
((old) Maritime Trade Law (/data/tash/details/5
Arab Republic of Egypt - Law - No. 58 of 1937 issued on 31-07-1937, published on 05-08-1937, in force 
(with effect from 15-10-1937 - regarding the issuance of the Penal Code. (/data/tash/details/209

The Arab Republic of Egypt - Law - No. 131 of 1948 issued on 1948-07-16 published on 19-07-1948, and it 
(will be enforced as of 10-15-1949 - regarding the issuance of the civil law. (/data/tash/details/384

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Arab Republic of Egypt - Law - No. 13 of 1968 issued on 05-07-19688 published on 09-05-1968, effective 
from 09-11-1968 - regarding the issuance of the Civil and Commercial Procedure Law.
English ((/data/tash/details/2709
Arab Republic of Egypt(Https://Translate.Google.Com)
Powered ByTranslate - Law - No. 30 of 1975 issued on 1975-05-29 Published on 12-06-1975, in force 
(from 12-06-1975 - regarding the system of the Suez Canal Authority. (/data/tash/details/3153
Arab Republic of Egypt - Law - No. 12 of 1990, issued on 05-31 1990, published on May 31, 1990 - 
regarding the continuation of the work of Law No. 49 of 1974 authorizing the President of the Republic to
(issue decisions that have the force of law in the field of military production. (/data/tash/details/4824

Commercial systems 

Insurance - management - company departments and conclusion of an insurance contract - types of 

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insurance - marine insurance contract - general provisions - location

Insurance - management - company departments and conclusion of an insurance contract - types of 
insurance - marine insurance contract - general provisions - validity of the insurance lawsuit
Insurance - management - company departments and conclusion of an insurance contract - types of 
insurance - marine insurance contract - general provisions - reinsurance
Insurance - management - company departments and conclusion of an insurance contract - types of 
insurance - marine insurance contract - general provisions - obligations of the insured - obligation to pay
the insurance premium
Insurance - management - company departments and concluding an insurance contract - types of 
insurance - marine insurance contract - general provisions - obligations of the insured - obligation to save
the insured things
Insurance - management - company departments and conclusion of an insurance contract - types of 
insurance - marine insurance contract - general provisions - settlement of joint losses
Insurance - management - company departments and conclusion of an insurance contract - types of 
i i i t t hi i f t t lidit
Related civil lawsuits 

The maritime carrier liability lawsuits - the claim for compensation for damages - resulting from the 
occurrence of damage to the goods
Claims for the responsibility of the sea carrier - claiming compensation for damages - for delay in 
receiving the message due to a mistake in editing the manifesto data
Seizure lawsuits - claiming the administrative seizure not to be counted - for failure of the shipping 
agent to commit to his own money of the shipowner's debts
Execution disputes - claiming the validity and confirmation of the precautionary attachment and making 
it enforceable - for non-payment of free services and facilities 
Execution disputes - claiming the validity and confirmation of provisional attachment and making it 
enforceable - of entitlement to commission

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The lawsuits of a chartering vessel charter contract - the obligation to pay a cash sum - the vessel's 
lease value
ExecutionEnglish
disputes - invalidity of executive seizure - for non-compliance of the shipping agent with the 
Powered ByTranslate (Https://Translate.Google.Com) principal's debt
Lawsuits related to marine services - to compel the payment of a monetary sum - in exchange for 

The rules governing the contract 

Maritime work contract - proof of the maritime labor contract 

Maritime work contract - the expiration of the maritime work contract - the end of the fixed-term contract 
while traveling
Maritime labor contract - termination of maritime labor contract - expiry of the contract with the death of 
the sailor while defending the ship
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Maritime work contract - expiration of the maritime work contract - expiration of the contract with 
separation of the seafarer
Maritime work contract - expiration of the maritime work contract - expiration of the contract by force 
majeure
Maritime work contract - termination of marine work contract - expiry of the contract for shipwreck, 
confiscation or loss
Maritime work contract - failure of the employer to fulfill his obligations 
Maritime transport contract - cargo transportation - bill of lading - types of bill of lading - relegation of 
the nominal bill of lading
Maritime transport contract - cargo transport - bill of lading - issuance of bill of lading 

Related criminal cases 

Maritime trade - not to raise the flag of the ship 

Maritime trade - not to put the name of the ship approved by the competent administrative authority 
accompanied by the registration number on a visible place
Maritime trade - failure of the owner of the vessel to indicate its total tonnage and net tonnage 
Maritime trade - the use of pleasure ships owned by foreigners in the territorial waters without obtaining 
a license from the competent administrative authority
Maritime trade - foreigners do not fly the flag of the country of their nationality on the pleasure ships 
owned by them
Maritime trade - foreigners raised the flag of the republic on the pleasure ships owned by them 
Maritime trade - fishing, tugging, or piloting of vessels without Egyptian nationality in the territorial 
waters
Maritime trade - ships without Egyptian nationality conduct coastal navigation between Egyptian ports 


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Maritime trade - transferring the ownership of an Egyptian ship to a foreigner, with or without 
ti b f bt i i i i f th t t i i t
English Rules for examining legal documents 
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The bill of lading the goods under a marine transport contract - the bill of lading - the bill of lading data - 
the characteristics of the goods as recorded by the shipper
Bill of lading of goods under a maritime transport contract - bill of lading - data of bill of lading - name 
and address of the consignee
Bill of lading of goods under a maritime transport contract - bill of lading - data of bill of lading - name 
and address of the shipper
Bill of lading of goods under a maritime transport contract - bill of lading - bill of lading data - carrier's 
name and address
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Travel ticket for passenger transport under a maritime transport contract - general provisions - validity 
of the maritime transport contract
Air ticket for transportation of passengers under a sea transport contract - general provisions - proof of 
the contract
Air ticket for transportation of passengers under a sea transport contract - general provisions - 
definition of the contract
Deed of shipment of goods under a marine transport contract - the shipper - the shipper's rights - a 
l h bill f l di i h h ll i d ifi hi

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