Algunas reflexiones en torno a la navegabilidad en el derecho maritimo chileno

Abstract

Seaworthiness is a cornerstone concept in the Chilean Maritime Law. This article steers through the Chilean Maritime Law analyzing the different issues where the seaworthiness comes into play and its legal regulation. Stemming from the very beginning of the ship life: her design, hull, machinery, materials, equipment, appurtenances, documents and shipbuilding; then the article deals with seaworthy requirements for the special vessels, portworthiness and requirements as to the crew and pilotage. Then, after explaining who are those persons bound to provide a seaworthy ship, the remedies granted by law to secure its achievement and the consequences of unseaworthiness, the author explains the effect of seaworthiness in the Time Charter, Voyage Charter, Bareboat Charter, Carriage of Goods By Sea, Passage, Towage, General Average, Salvage, Mortgage, Maritime Liens, Marine Insurance, Fostering of the Merchant Fleet Act, Personal Injuries and Shipbuilding Contracts, to conclude that Seaworthiness is a general principle of the Chilean Maritime Law.