Actio exercitoria is a legal term derived from Roman law, referring to a specific type of action or lawsuit. It is a legal remedy available to shipowners against their ship’s master or captain for any losses or damages caused by the master’s negligence or misconduct during the course of the ship’s voyage. This action allows the shipowner to seek compensation for financial losses, such as damage to the ship, cargo, or any other related expenses incurred due to the master’s actions. The Actio Exercitoria provides a means for shipowners to hold the ship’s master accountable for any harm caused to the ship or its cargo, ensuring that they are not unfairly burdened with the consequences of the master’s negligence.
Actio exercitoria is a legal action that allows a shipowner to recover damages from a third party for losses suffered as a result of the actions of the ship’s captain or crew. This action is based on the principle of vicarious liability, which holds the shipowner responsible for the actions of their employees. The Actio Exercitoria is a common law remedy that has been recognised in many jurisdictions around the world. It is typically used in cases where the shipowner has suffered financial losses due to the negligence or misconduct of the captain or crew, such as in cases of cargo damage, collision, or personal injury. The action allows the shipowner to recover damages from the third party responsible for the loss, such as a charterer or cargo owner.
Actio Exercitoria is a legal term used in maritime law. It refers to a specific type of action that can be taken by shipowners against the ship’s captain or master for any losses or damages caused by the captain’s negligence or misconduct.
The shipowner is the party who can initiate Actio Exercitoria. They have the right to seek compensation for any losses or damages caused by the captain’s actions.
Actio Exercitoria allows shipowners to claim compensation for various types of losses or damages, including but not limited to cargo damage, personal injury, property damage, and financial losses resulting from the captain’s negligence or misconduct.
In Actio Exercitoria, the burden of proof lies with the shipowner. They must provide sufficient evidence to demonstrate that the captain’s actions or negligence directly caused the losses or damages claimed.
No, Actio Exercitoria is specifically aimed at the ship’s captain or master. It cannot be initiated against other crew members unless they hold a position of authority or responsibility equivalent to that of the captain.
Actio Exercitoria is a legal concept that originated in Roman law and has been adopted by many maritime legal systems worldwide. However, its applicability may vary depending on the jurisdiction and the specific laws governing maritime disputes in that jurisdiction.
In some cases, Actio Exercitoria can be waived or excluded through contractual agreements between the shipowner and the captain. However, such waivers or exclusions must be explicitly stated in the contract and comply with the applicable laws and regulations.
The time limit for initiating Actio Exercitoria may vary depending on the jurisdiction and the specific laws governing maritime disputes in that jurisdiction. It is advisable to consult with a maritime lawyer to determine the applicable time limit in a particular case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 14th April 2024.
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