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CHAPTER 39 Spain

Limitation of Liability for Maritime Claims

39

Spain

Veronica Meana and Julia Garcia Fernando Meana Green & Co. Abogados, Calle Velazquez 92, 2° Dcha, Madrid, Spain

A. GENERAL ISSUES RELATED TO THE APPLICATION OFLIMITATION IN SPAIN

As a general rule, Spanish law establishes the principle of unlimited liability which can be found in article 1911 of the Civil Code. This article states that a person’s liability1 extends to all his assets, present or future. As a result of this principle, limitation of liability has always been construed and applied in a restrictive way, especially when the act or omission giving rise to liability is of a criminal nature.

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