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CHAPTER 10 Brazil

Limitation of Liability for Maritime Claims

10 Brazil Artur R. Carbone Maritime Lawyer, Rio de Janeiro Luís Felipe Galante Maritime Lawyer, Rio de Janeiro A. LIMITATION OF LIABILITY—PROPERTY DAMAGE, LOSS OF LIFE AND PERSONAL INJURY Brazil is still party to the Brussels Convention of 1924 (“1924 Convention”), 1 which was enacted into Brazilian law by Decree 350, dated 1 October 1935. Furthermore, Brazilian domestic law has its own provision on the matter in Article 494, second and third paragraphs, of the old Brazilian Commercial Code enacted in 1850. 2 Finally, Brazil has not ratified the International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, Brussels, 1957 (“1957 Convention”), nor the Convention on the Limitation of Liability for Maritime Claims, London, 1976 (“LLMC Convention”).

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