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Ask a Maritime Attorney What is the difference between civil law and maritime law

  



hi guys welcome back to my channel so today in this article I would like to read an article entitled as America what is what is the difference between civil law and meditum low so the questions I have been following your column for a long time and I am often confused by the various law it will be helpful to see those differences listed in one place but I'm concerned that this would require other a 300 page textbook can you review some of the differences here at least as they may be interested to recreational borders answer our leader is correct a review of all of the substantive and procedural laws and rulers and rules unique to maritime law would require a large textbook and a semester class class in law school but we built a lot of questions from readers of this column and certain aspect of Maritime rule do seem to be particularly confusing to both owners these conclusions is fully related to mistaken assumptions about the differences between maritime law and regular civil law let's take a look at some other mistaken assumptions that we see on a regular basis so what is Admiralty low historically the terms admiralty low Emery Time Low has separate meanings but today they are used interchangeably admiralty or Maritime loss is simply a set of legal rules Concepts and processes that relate to notifications and commerce by water the body of maritime law applied to day countries can trace its roots back hundreds of year to the establishment of laws by early Egyptians politicians and Greek to govern Commerce in the Mediterranean Sea similarly the applications of modern Maritime row is focused and Maritime Commerce but since recreational boarding has been held by Court to have an impact on Maritime Commerce most Maritime Rose principle also applied to recreational pudding Michael principle that works for peakships can produce all the result when applied to a case involving Authority both Authority food sailboat but that it's not the historical umbrella under which the case would proceed notwithstanding the applicably or federal admiralty law to recreational pouring a lot of flicker issues that confront both owners will be determined by the law of the state in which the incident occur for example a dispute rising from the sale of a boat would seem to have an impact on Maritime Commerce but a response concerning the ownership of a vessel could involve a buyer and seller who are each located thousands of miles from the vessel that is waterfall does not have any physical effect on the vessel itself and it would trick therefore be decided under state law consumer protection slow for Marina tenants this is probably the area with the most confusions among both owners there are no status or regulations or tenant rotation slots in California or under federal law that is specifically applied to a sleep rental agreement most of the status that profile protections to renters in most of the status they provide protection students in California are set forth in sections 1940 through 1955 of the California civil code per the sections 1940 specifically limits those protections to person who rent welding units in California dwelling units are then Divine as a structure unreal property abroad is not a structured on Real Property most to the point upholstery is not structured on Real Property Marina tenants who live apart they report are not renting their home in fact they own their home and they are renting place to park it commercial contract for the rental of a patch off with with an adjacent top to use as a parking space one two month agreement you may be determined are modified by other party on 30 days notice proportionally sensing there is no California consumer agency to recruit our overseas boat repairs and there is no such thing as a repairman being in a good or pet standing for repair people are not required to be licensed by any California agency repair people are subject to California stages they affects your right as a consumer tissue or to be should opposed by opposed Department these stages apply only to DMF register vessels and they have no effect at all US Coast Guard documented vessels nonetheless allowsuit against a repairman for a problem for about for a problem arising from work on a coast guard documented vessel would be very similar to allows with improving a California register vessel feline severe licensing Brian's viewers are not listening or regulated by any government agency there is no licensing requirement and anyone with a former mentor and above being Hammer can hang up a sign tomorrow and call himself as a surveyor a surveyor who promotes himself as a listen said Captain is simply used since the Coast Guard has no jurisdictions over his one of her daddy's as a surveyor it's like showing your vaa Pilots listens to get a job as a truck driver tomorrow the maritime Community has its own tools for settings and standard of Competency for Marion surveyors surveyors really heavily on referrals from lenders and yeah broker for pre-repurchased impacts teens infections and assignment from insurance companies to investigate claims a surveyor's membership in an industry treat group May provide more insight into the qualifications [Music] asked the buyer of a consumer could a buyer of a new boat in California is protected by a body of law known as the song Beverly consumer Warranty Act the song Beverly acts in versus manufacturers warranties on all consumer goods sold in California it covers everything from computers to refrigerators and it just covered the purchase of a new boat under this low a manufacturer who fails to fix a problem underwaterly after a reasonable number of attempts must either replace the product or inverse the buyer for the purchase price less an amount for depreciation failure to complete with the law will subject to manufacturers to slip to stretch penalties so that's all the article bye bye and see you on my next article bye.

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