Maritime Records in Barcelona

Maritime records are notarial documents that record facts or situations related to navigation, maritime transport and other activities in the nautical environment. Their purpose is to provide an official record of certain events or circumstances that may have legal, administrative or commercial relevance. Below are the main types of maritime records that can be granted before a Notary.

Explained in Chapter II of the aforementioned Title, the sea protest certifies maritime travel incidents whenever the legislation applies. It will be the captain who must record them in the event of fortuitous accidents (caused, for example, by waves) or episodes of pollution caused by the transport. In both cases, it is used to deduce their responsibility.

With the maritime protest certificate, the events that occurred are accredited, the incidents are listed, the damages to the ship or goods and the measures taken to mitigate them are detailed. Additionally, it certifies that the captain acted diligently, certifying his behaviour and that of his crew. Finally, it helps to determine the damages and to process economic compensations for the interested parties.

By making a sea protest certificate in Barcelona with our notary, we assist you by attending the vessel to carry out a damage assessment, issuing copies of the certificate for the interested parties and communicating the protest to the authority of the port of arrival.

This report, explained in Chapter III, sets out the general average settlement of a ship which may arise from cases of grounding, engine damage (or failure) and hull, fire on board or shifting of containers (even when unloading or loading in a refuge port) and which may cause damage to the cargo. This report usually occurs when a fortuitous damage involves a decision by the captain (for example, deciding to throw burning containers overboard to save other cargo).

To carry out a general average report before a Notary or general average settlement procedure in Barcelona, a procedure must be requested by providing a narrative account of the events that occurred with damages and expenses justifying the request. In addition, the relationship between interested parties must be included, such as the owner of the goods and the owner of the vessel.

The liquidator appointed by the Notary will carry out the settlement within a maximum period of four months. Once submitted, it may be challenged within the following 30 days. Finally, the Notary will issue the final resolution for the payment to be made as indicated.

There are different scenarios that may occur when a ship arrives at a port after transporting goods. For example, the recipient may not appear to receive them, they may not pay the transport costs, or the transport may not be able to continue to its next destination due to an unforeseen situation such as a war or strike, making continuation impossible, illegal or prohibited.

In this case, the carrier's right is regulated, whereby they will go to a Notary to have the circumstances recorded in the corresponding notarial deed. Furthermore, the cargo may be sold if it has not been received or the freight, passage or transport-related expenses have not been paid.

To make the deposit deed and goods sale deed in Barcelona, the application must state the transport in question, the identity of the recipient to whom the goods were addressed, the expenses claimed, as well as the description of the cargo and its valuation.

Additionally, depending on the case, an entity or person will be proposed for the deposit, or the fact preventing the continuation of the transport to other ports must be reliably proven.

Among the existing maritime deeds, the role of the Notary for deposit or goods sale deeds is to demand payment from the recipient, order the deposit if the recipient is not found, carry out the deposit and appoint a custodian, agree on the valuation and sale, and finally pay the deposit and auction expenses, delivering the remainder in payment of the freight or expenses claimed to the applicant. Regarding the sale of the goods, the Notary may decide whether it is carried out by direct sale or auction.

The maritime deposit before a Notary may only be suspended when the recipient expresses their opposition to payment at the time of the demand and offers guarantees within the following 48 hours. Furthermore, they must file a claim or initiate legal proceedings within 20 days (in the case of a Spanish court) or 30 days (in foreign courts).

In this case, notarial jurisdiction is determined by the destination of the bill of lading, a maritime transport document that certifies ownership of the goods transported, their shipment, and the transport contract.

If this document is lost, stolen, or destroyed, the dispossessed holder (that is, the person who had the bill of lading but no longer possesses it) must go to a Notary. The purpose will be to request protection of their right and even to urge the bearer not to deliver the goods to third parties through a notarial deed of loss, theft, or destruction of the bill of lading.

In it, the holder must declare the details of the bill of lading, the circumstances that led them to be the holder, to be dispossessed, and the evidence they have. Once the deed of loss of the bill of lading before a Notary (or theft or destruction of the bill of lading) is granted, the bearer is urged not to deliver the goods to anyone and to notify the identity of those claiming them. The shipper and endorsers will also be urged.

If the dispossessed holder wishes to receive the goods, they may provide security for their value. Likewise, if the Notary in charge of the bill of lading considers that there is sufficient evidence to prove that the title has disappeared and that the applicant is its legitimate owner, the process of title cancellation is initiated, by which it is published as such in the BOE (Official State Gazette) to inform third parties and give the opportunity to present objections. In the absence of objections, the Notary issues a deed of notoriety, a document that officially certifies the cancellation of the title and recognises them as the legitimate holder of the missing document.

In the event that the transported cargo arrives at port altered, damaged or at risk of it, the person responsible for its conservation, in the absence of the possibility of receiving orders from the owner, may request from a Notary for maritime records authorisation to sell it at auctions or directly to individuals or entities.

Once the cargo has been identified in the record of altered or damaged goods, the Notary appoints an expert to inspect it and order its appraisal and sale. The proceeds obtained from this will be used to pay the notarial and expert fees, with the remainder then handed over to the owner of the goods.

The role of the Notary in maritime records is fundamental to guaranteeing legal certainty in the naval sector. Their main function is to publicly certify the facts, certifying their authenticity and providing evidential value to the documents issued.

In each type of maritime record, the Notary performs specific roles. Whether certifying incidents, accrediting the diligence of the captain and their crew, managing the settlement of damages and losses, regulating the deposit, protecting the rights of the holder, or authorising the sale of goods, the Notary acts as a guarantor of legality, facilitating conflict resolution and ensuring compliance with current maritime regulations.