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‘Respondentia’ in California

Chapter 2 of the California Harbors and Navigation Code deals with civil actions and liens involving vessels

Boats on Lake Oroville. (Photo: DWR.ca.gov)

In Division 3, Chapter 2 of the California Harbors and Navigation Code, it deals with civil actions and liens involving vessels. Article 2 deals with “respondentia.” Section 470 defines respondentia as a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent on maritime risks.

Section 471 states that the owner of cargo may hypothecate it upon respondentia, at any time and place, and for any purpose.

Section 472 authorizes the master of a vessel to hypothecate its cargo upon respondentia only if all of the three specified conditions exist.

Section 473 provides that the owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order to discharge a lien under a contract of respondentia made by the master.

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Chris Micheli: Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.
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