The Federal Supreme Court ruled in a ruling that the lessor retains, as a public asset, the management of the ship navigationally and commercially, and that the charterer of the ship is equipped to ensure that third parties return to the lessor due to its exploitation, so exempting the carrier from responsibility for the errors of the ship’s captain, sailors and employees in the management of the ship or in navigation, does not prejudice the responsibility of its owner for these errors as a follower who is asked about the errors of his subordinates if they occurred during or because of the performance of their work. His liability as a follower exempts the person from liability, and to say otherwise means that both the owner and the carrier become away from liability despite the proof of the subordinate’s fault, which contradicts the legislator’s intention to determine that assumed liability to protect the shipper.
[1] Federal Supreme Court – Civil and Commercial Judgments – Appeal No. 180 of 18 judicial year – Civil and Trade Division – dated 12/11/1996, Technical Office 17 Part No. 3 Page No. 855 [Rejected] Rule No. 143.