French Maritime Law

Sources of French Maritime Law

French maritime law (droit maritime) is codified in Book V of the Transport Code (Code des transports), created by Ordinance No. 2010-1307 and expanded in 2012 and 2016, which consolidates the former Maritime Code. The Law of 28 February 1800 on the organisation of the maritime administration remains historically significant. The French Civil Code applies as the general law of contracts and obligations where the Transport Code does not provide specific rules. France is a party to major international maritime conventions, which are implemented through domestic legislation. The port of Marseille and the commercial courts of Le Havre, Nantes, and Marseille are significant centres for maritime dispute resolution.

The French Maritime Register

The Registre International Français (RIF), established in 2005 as the French international register, allows vessels operating internationally to fly the French flag under more competitive conditions. The RIF offers tax benefits, including exemption from employer social security contributions for seafarers, and permits the employment of non-EU crew members within specified limits. The RIF has revitalised the French merchant fleet, though all vessels remain subject to French social and labour law standards. The single register of the French fleet also includes the territorial register for vessels operating in domestic and European trades.

Maritime Transport Law

The contract of carriage of goods by sea is governed by the Transport Code, implementing the Hague-Visby Rules. The bill of lading serves as evidence of the contract of carriage, a receipt for the goods, and a document of title. Charter parties, including time charters and voyage charters, are governed by the general law of contracts and the specific provisions of the Transport Code. The carrier’s liability is subject to the package limitation of 666.67 SDRs per package or 2 SDRs per kilogram. The limitation of liability for maritime claims follows the LLMC 1976 as implemented.

General Average and Collision

General average is adjusted in accordance with the York-Antwerp Rules, with Paris and Le Havre serving as centres for average adjustment in France. The French Average Adjusters Association (Association Française des Dispacheurs) maintains professional standards for the adjustment of general average and particular average. Collision liability is governed by the Transport Code and the COLREGs, with liability apportioned according to fault. The 1910 Collision Convention, as implemented, applies to collisions occurring in French territorial waters and on the high seas involving French vessels.

Salvage and Ship Arrest

Salvage and assistance are governed by the Transport Code implementing the International Convention on Salvage 1989. The salvor is entitled to remuneration where the operation produces a useful result, with the reward reflecting the criteria in the Convention including the salved value, the skill of the salvors, and the environmental benefit. The arrest of ships is regulated by the Transport Code and the Civil Procedure Code, implementing the International Convention on the Arrest of Ships. French courts have a well-established jurisprudence on ship arrest, including the arrest of sister ships and associated ships.

Maritime Labour

French maritime labour law gives seamen (gens de mer) a special status under the Transport Code. The Code du travail maritime historically governed seafarers’ employment, now consolidated in the Transport Code. Seafarers enjoy specific protections including the right to repatriation, the limitation of working hours, paid leave, and the medical certificate requirement for fitness for duty. The special social security regime for seafarers (ENIM — Établissement National des Invalides de la Marine) provides comprehensive social protection.

Marine Insurance and Environment

Marine insurance is governed by the Insurance Code (Code des assurances), Book I, Title VII, covering hull and machinery insurance, cargo insurance, and protection and indemnity. The insured has a duty of disclosure, and the policy typically covers the perils of the sea, including the Inchmaree clause. Environmental protection is regulated by the Transport Code and the Environmental Code, implementing the International Oil Pollution Compensation (IOPC) Funds regime and the CLC. French courts impose strict liability for oil pollution damage and require shipowners to maintain compulsory insurance.