In maritime law, the term “Levandae navis causa” refers to the act of throwing goods overboard to reduce the weight of a ship and prevent complete loss. If the owner of the goods incurs a loss, they may be eligible for compensation from other parties involved in the maritime venture. This is known as general average or jettison under average.
Levandae navis causa, also known as jettison or general average under average, is a legal term in maritime law. It refers to the act of throwing goods overboard to lighten a ship and prevent complete loss. By doing so, the owner of the goods is entitled to compensation from other participants in the maritime venture. For instance, if a ship is at risk of sinking during a storm, the captain may choose to discard some cargo to maintain buoyancy. This action is called levandae navis causa, and the owner of the discarded goods can seek compensation from the other participants. Similarly, if a ship is stranded on a sandbar and needs to be lightened to float again, the captain may opt to jettison some cargo to reduce the ship’s weight. This act is also considered levandae navis causa. These examples demonstrate how levandae navis causa safeguards the interests of all involved parties in a maritime venture. It allows the ship to avoid complete loss and enables the owner of the discarded goods to receive compensation for their loss.
Levandae Navis Causa is a Latin term that translates to “lifting the ship for the cause.” It refers to a legal doctrine that allows a ship to be lifted or removed from the water for legal proceedings or investigations.
Levandae Navis Causa can be invoked when there is a need to inspect or investigate a ship for legal purposes, such as in cases of maritime accidents, smuggling, or illegal activities.
Typically, government authorities, law enforcement agencies, or maritime regulatory bodies have the authority to invoke Levandae Navis Causa. However, it may vary depending on the jurisdiction and specific circumstances.
The process for invoking Levandae Navis Causa involves obtaining a court order or warrant that grants permission to lift or remove the ship from the water. This order is usually based on reasonable grounds or evidence that justifies the need for such action.
In most cases, Levandae Navis Causa cannot be invoked without a court order. The legal system requires proper authorization to ensure the protection of individual rights and prevent abuse of power.
Once Levandae Navis Causa is invoked, the ship may be lifted or removed from the water using specialized equipment. It is then typically taken to a designated location for inspection, investigation, or any other legal proceedings.
Generally, ship owners are legally obligated to comply with Levandae Navis Causa if a valid court order has been obtained. Refusing to comply may result in legal consequences, such as fines or penalties.
Ship owners have the right to be informed about the reasons for invoking Levandae Navis Causa and the legal proceedings involved. They may also have the right to legal representation and the opportunity to present their case before the court.
The duration for which a ship can be held under Levandae Navis Causa may vary depending on the specific circumstances and the progress of the legal proceedings. It is typically held until the investigation or legal process is completed.
Yes, Levandae Navis Causa can be invoked internationally, subject to the laws and regulations of the respective countries involved. International cooperation and treaties may also play a role in facilitating the invocation of Levandae Navis Causa across borders.
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: 17th April 2024.
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