Civil status at sea
The authority referred to as the “instrumental officer” and qualified under the terms of the Civil Code to carry out on board ships, during a sea voyage, the functions devolved on land to civil registrars and notaries, is the captain, master or skipper, or any other seafarer acting as such.
When the ship is at sea, the instrumental officer is empowered to draw up or collect the following documents:
– Civil status certificates: birth certificates, certificates of recognition of a natural child, death certificates, certificates of declaration of a lifeless child, certificates of disappearance at sea;
– Other public or private documents: power of attorney deeds, marriage consent deeds, voluntary commitment deeds, declarations of marital authorisation, private or authenticated wills.
This second category of deeds is only collected or drawn up by the Captain in urgent circumstances that do not allow the interested party to wait for the ship’s arrival in a port before proceeding.
For the drafting of deeds, the instrumental officer must comply with the provisions of the Civil Code and the provisions of other relevant laws of the vessel’s flag state.
All deeds drawn up or collected by the instrumental officer are transcribed onto sheets appended to the ship’s logbook. In the case of civil status documents, an original is given to the maritime authority of the first port of the flag State reached by the ship, or – if the first port reached is a port of the flag State – to the maritime authority of the first port of the flag State reached by the ship. If port is a foreign port – to the Consul of the flag State.
The competent maritime authority, or the Consul, forwards this document to the civil registrar of the residence of the person concerned.
The competent maritime authority determines the limits of competence of instrumental officers on board ships and the manner in which the various public and private acts are to be drawn up.
Maritime Succession
The term “maritime estates” refers to the property of persons who die or disappear during a sea voyage. As soon as the death or disappearance death of a person, the captain is required to make a detailed inventory of the property, clothing, valuables or other items in the presence of two witnesses and place them in lockable premises. The captain hands over the estate to the maritime authority competent for the liquidation of vacant estates.
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