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The term exercitor refers to the individual responsible for the care and management of a ship. This person can be the absolute owner of the vessel or an agent acting on behalf of the owner. An exercitor has the authority to bind the ship's owner to obligations incurred while managing the ship. Additionally, they are entitled to any profits generated by the vessel.
In England, the exercitor is commonly known as the ship's husband.
Table of content
Legal Use & context
Exercitor is primarily used in the context of maritime law, a subset of civil law that governs maritime activities and shipping. This term is relevant in various legal situations, including:
Contracts involving shipping and freight
Liabilities arising from the operation of a vessel
Disputes over profits and obligations related to the ship
Users may find legal templates related to maritime contracts and agreements on platforms like US Legal Forms, which can help them navigate these legal matters effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A shipping company hires a manager (exercitor) to oversee the operations of its cargo ship. The manager enters into contracts with suppliers for fuel and maintenance. These contracts bind the shipping company, as the manager has the authority to act on its behalf.
Example 2: A person who owns a yacht allows a friend to manage it while they are away. The friend, acting as the exercitor, can make decisions about the yacht's use and is entitled to any profits from chartering the vessel. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Context
California
Maritime law is governed by both federal and state laws, with specific regulations for shipping operations.
Florida
Florida has specific statutes addressing the rights and responsibilities of ship owners and exercitors.
New York
New York maritime law incorporates both common law and statutory provisions affecting exercitors.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Ship's husband
A term often used interchangeably with exercitor, referring to the person managing the ship.
Agent
A person authorized to act on behalf of another, but not necessarily involved in the management of the ship.
Shipowner
The individual or entity that holds legal title to the ship, who may or may not be the exercitor.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving an exercitor, consider the following steps:
Review any contracts or agreements related to the ship to understand your rights and obligations.
Consult with a maritime attorney if you have questions about your legal standing or responsibilities.
Explore US Legal Forms for templates that can help you draft or manage agreements related to maritime operations.
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