| Award 1182

Award 1182 – Sale contract of a fishing vessel – Situation of a sailor attached to the vessel by a contract of employment – Maritime Labor code – Dismissal – contractual obligation of guarantee. The provisional sales agreement and the Bill of Sale expressly provided that the sale of the vessel is concluded free of any debts, mortgages and / or the other expenses of any kind and the seller to guarantee the buyer of the absence of any debts or expenses attached to the vessel. In the case in point, a contract of maritime employment concluded by the seller before the sale of the vessel, and which by the effect of articles of the maritime labor code is automatically transferred to the buyer, constitutes an expense. It results from conditions of the Bill of Sale of the vessel that any expense linked to the vessel which was not explicitly accepted by the Buyer, must be borne by the Seller on the basis of his bond.