What Maritime Law Covers in Georgia
Maritime law in Georgia rests on the Merchant Shipping Code, which governs ship registration, rights in vessels and proprietary encumbrances, marine mortgages, the detention and arrest of ships, and contracts connected with navigation. Many of its rules apply irrespective of the flag state and the form of ownership, yet the Code's rules do not extend to ships flying a naval flag, except for exceptional cases that must not contemplate the capture, arrest or removal of such ships and their cargo. Where military naval transport is concerned, the Code applies only to the extent that the matter is not regulated by the special legislation governing such transport.
Ship Registration and the Books of the Registry
Registration in the ship registry is carried out by the agency, which issues the relevant certificates and approves the rules for ship registration, for keeping the registry and for recording marine mortgages. A temporary registration certificate may be issued before permanent or term registration, for not more than 6 months, with this period extendable up to 1 year; after the 1-year term expires, in an exceptional case, on the shipowner's written application and with the chief registrar's consent, it may be extended further by not more than 1 year. A temporary certificate gives rise to the same rights and obligations as permanent registration. The registry consists of the books of ships of international navigation, of internal navigation, of bareboat charter and of ships under construction, while a book of internal inland waters ships is added from 1 July 2026. The same ship may be registered in only one book at a time, and the registry may be kept electronically. Ownership, other rights and proprietary encumbrances — including maritime pledge and marine mortgage — are registered in the corresponding book, and where an encumbrance exists, deregistration is possible only with the written consent of the person in whose favour it is registered. Registration in the bareboat charter book gives rise to the same rights as permanent registration, yet registering a marine mortgage or any other encumbrance on a ship in that book is prohibited. Registration is the primary evidence of the right to fly the flag of Georgia, while the rules for small-size vessels are defined by the agency.
Detention in Port and Clearance for Departure
Every ship, whatever its flag state and form of ownership, must obtain written clearance from the port state control service of the seaport before departure. The harbour master has the right to detain a ship or cargo if the ship is unseaworthy; if port facilities, other port property or navigation equipment are out of service; if requirements on loading, supplies or crewing are violated, or other deficiencies endanger safe navigation, the health of persons on board or the environment. Detention is also grounded in improperly compiled ship documents, in a statement by a physical or legal person concerning general average, salvage, a contract of carriage, collision of ships, non-payment of a tax or duty, or other damage, and in the failure of the owner to provide appropriate security. The detention order operates for 3 days and nights, excluding rest days and public holidays; if within this period the court does not deliver a decision on the detention, the ship or cargo is released immediately. Detaining a ship owned by another state and used for non-commercial purposes is impermissible, save for cases provided for by Georgia's international treaties and legislation.
Arrest of a Ship to Secure a Maritime Claim
A ship may be arrested only to secure a maritime claim. A maritime claim derives from ownership of the ship and from other proprietary relations arising in the course of activities connected with the ship's construction, management, operation, commercial use, mortgage or salvage. Arrest and release of a ship are effected only by a court, in accordance with Georgia's civil procedure legislation, which means that the harbour master's detention and a court-ordered arrest are distinct institutions. The arrest of a state-owned ship, and the imposition of a penalty on it, are possible only with the consent of the Government of Georgia. For a creditor, the application must rest on a concrete maritime claim and the need for security must be substantiated, otherwise the vessel is released.
Bareboat Charter, Marine Mortgage and Towage
A bareboat charter must be concluded in writing, indicating the names of the parties, the purpose of the contract, the ship's name, the year of build, the ship's class, deadweight and capacity, engine power, speed and fuel consumption, the period of use, the amount and terms of payment of the charter fee, the time and place of delivery, the charterer's right to select the crew, who bears the registration costs, and other necessary data. Unless the contract provides otherwise, the charterer may conclude a sub-bareboat charter, but this does not release it from liability under the contract with the shipowner. Any ship, including one under construction, or a right in it, may be mortgaged by the shipowner to secure a loan or other financial security, and the mortgagee may be any physical or legal person of Georgia or a foreign country to whom the ship may be transferred as a pledge. A contract of maritime towage is likewise concluded in writing and must indicate the ports of dispatch and destination, the time of towage, the parties' rights and obligations, liability for breach, and the peculiarities of the towed objects affecting safety. Failure to respect these formal requirements turns into an argument against the contract itself in court.
Frequently Asked Questions
For how long is a temporary registration certificate issued?
For not more than 6 months, extendable up to 1 year; after that term, in an exceptional case, upon the shipowner's written application and with the chief registrar's consent, by not more than a further 1 year.
Can a mortgage be registered on a ship in the bareboat charter book?
No. Registering a marine mortgage or any other proprietary encumbrance on a ship entered in the bareboat charter book is prohibited.
Who may arrest a ship?
Only a court, under civil procedure legislation, and only to secure a maritime claim; a state-owned ship may be arrested only with the Government's consent.
How long does the harbour master's detention order operate?
For 3 days and nights; if the court does not confirm the detention within that period, the ship or cargo is released immediately.
How We Help on Legal.ge
On Legal.ge we assist across the whole of maritime law: ship registration and registry questions, temporary and bareboat charter registrations, concluding and recording marine mortgages, drafting bareboat charter and towage contracts, and disputes over the detention and arrest of vessels. We determine which book of the registry fits your ship, verify the registration of encumbrances and the need for written consent, and plan deadlines so that a temporary certificate is extended in time. Mistakes in maritime transactions are costly, which is why every step must be taken in written form and in compliance with the Code's requirements. Contact us as soon as the question arises.