Demurrage of Container – Facts that Should be Observed

This article aims to analyze the container demurrage charge, seeking to ascertain important facts that must be observed, to avoid misunderstandings. Demurrage is a matter that concerns the Maritime Law, which was not created immediately, it was consolidated over time, since the beginning of maritime navigation and, therefore, there are reflections of ship demurrage and Customary Law, in the collection of container demurrage. Normative Resolution No. 18 was recently edited and published by ANTAQ, which represents an important advance on this matter. The theme is current, since the amounts charged for demurrage in Brazil, as well as the number of litigations, are very significant. Using the inductive method, the objective was to analyze: a) container demurrage; b) legal nature; c) documents used d) active and passive subjects; e) import modalities; and f) ANTAQ normative resolution no 18/2017. As for the Methodology, the Inductive Logic Base was used, in addition to the Referent Techniques, Category, Operational Concept and Bibliographic Research.

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The authors declare no conflict of interest.

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The datasets used in this study are openly available at [repository link] and the source code is available on GitHub at [GitHub link].

This work did not receive any external funding.