Article 107p. 107

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

The proof of these accidents is incumbent on the carrier.

ARTICLE 362. The carrier, however, shall be liable for the

losses and damages arising from the causes mentioned

in the foregoing article if it is proved that they occurred

on account of his negligence or because he did not take

the

precautions

usually adopted by careful persons,

unless the shipper committed fraud in the bill of lading,

making him believe that the goods were of a class or

quality different from what they really were.

If, notwithstanding the precaution referred to in this

article, the goods transported run the risk of being lost on

account of the nature or by reason of an unavoidable

accident, without there being time for the owners of the

same to dispose thereof, the carrier shall proceed to their

sale, placing them for this purpose at the disposal, of the

judicial authority or the officials determined by special

provisions.

ARTICLE 363. With the exception of the cases prescribed

in the second paragraph of Article 361, the carrier shall be

obliged to deliver the goods transported in the same

condition in which, according to the bill of lading, they

were at the time of their receipt, without any detriment

or impairment, and should he not do so, he shall be

obliged to pay the value of the goods not delivered at the

point where they should have been and at the time the

delivery should have taken place.

If part of the goods transported should be delivered the

consignee may refuse to receive them, when he proves

that he can not make use thereof without the others.

ARTICLE 364. If the effect of the damage referred to in

Article 361 should be only a reduction in the value of the

goods, the obligation of the carrier shall be reduced to

the payment of the amount of said reduction in value,

after appraisal by experts.

ARTICLE 365. If, on account of the damage, the goods are

rendered useless for purposes of sale or consumption in

the

use

for

which

they

are

properly

destined

the

consignee shall not be bound to receive them, and may

leave them on the hands of the carrier, demanding

payment therefor at current market prices.

If among the goods damaged there should be some in

good condition and without any defect whatsoever, the

foregoing provision shall be applicable with regard to the

damaged ones, and the consignee shall receive those

which are sound, this separation being made by distinct

and separate articles, no object being divided for the

purpose, unless the consignee proves the impossibility of

conveniently making use thereof in this form.

The same provision shall be applied to merchandise in

bales or packages, with distinction of the packages which

appear sound.

ARTICLE 366. Within the twenty-four hours following the

receipt of the merchandise a claim may be brought

against the carrier on account of damage or average

found therein on opening the packages, provided that

the indications of the damage or average giving rise to

the claim can not be ascertained from the exterior of said

packages,

in

which

case

said claim would only be

admitted on the receipt of the packages.

After the periods mentioned have elapsed, or after the

transportation

charges

have

been

paid,

no

claim

whatsoever shall be admitted against the carrier with

regard to the condition in which the goods transported

were delivered.

ARTICLE 367. If there should occur doubts and disputes

between the consignee and the carrier with regard to the

condition of goods transported at the time of their

delivery to the former, the said goods shall be examined

by experts appointed by the parties, and a third one, in

case of disagreement, appointed by the judicial authority,

the result of the examination being reduced to writing;

and if the persons interested should not agree to the

report of the experts and could not settle their disputes,

said judicial authority shall order the deposits of the

merchandise

in

a

safe

warehouse,

and

the

parties

interested shall make use of their rights in the proper

manner.

ARTICLE 368. The carrier must deliver to the consignee

without any delay or difficulty the merchandise received

by him, by reason of the mere fact of being designated in

the bill of lading to receive it; and should said carrier not

do so he shall be liable for the damages which may arise

therefrom.

ARTICLE 369. Should the consignee be not found at the

domicile indicated in the bill of lading, or should refuse to

pay

the transportation charges and expenses, or to

receive the goods, the deposit of said goods shall be

ordered by the municipal judge, where there is no judge

of first instance, to be placed at the disposal of the

shipper or sender, without prejudice to a person having a

better right, this deposit having all the effects of a

delivery.

ARTICLE 370. If a period has been fixed for the delivery of

the goods, it must be made within the same, and

otherwise the carrier shall pay the indemnity agreed

upon

in

the bill of lading, neither the shipper nor

consignee being entitled to anything else.

Should no indemnity have been agreed upon and the

delay exceeds the time fixed in the bill of lading, the

carrier shall be liable for the damages which may have

been caused by the delay.

ARTICLE 371. In cases of delay on account of the fault of

the carrier, referred to in the foregoing articles, the

consignee may leave the goods transported on the hands

of the carrier, informing him thereof in writing before the

arrival of the same at the point of destination.

When this abandonment occurs, the carrier shall satisfy

the total value of the goods, as if they had been lost or

mislaid.

Should the abandonment not occur the indemnity for

loss and damages on account of the delays can not

exceed the current price of the goods transported on the

day and at the place where the delivery was to have been

made. The same provision shall be observed in all cases

where this indemnity is due.

ARTICLE 372. The appraisement of the goods which the

carrier must pay in case of their being lost or mislaid shall

be fixed in accordance with what is stated in the bill of

lading, no proofs being allowed on the part of the shipper

that there were among the goods declared therein

articles of greater value, and money.

Horses, vehicles, vessels, equipment, and all the other

principal and accessory means of transportation, shall be

especially obligated in favor of the shipper, although with

relation to railroads said obligation shall be subordinated

to the provisions of the laws of concession with regard to

property and to those of this Code with regard to the

manner and form of making attachments and retentions

against the said companies.

ARTICLE 373. A carrier who delivers merchandise to a

consignee by virtue of agreements or combined services

with other carriers shall assume the obligations of the

carriers who preceded him, reserving his right to proceed

against the latter if he should not be directly responsible

for the fault which gives rise to the claim of the shipper or

of the consignee.

The carrier making the delivery shall also assume all the

actions and rights of those who may have preceded him

in the transportation.

The sender and the consignee shall have an immediate

right of action against the carrier who executed the

transportation contract, or against the other carriers who

received the goods transported without reserve.

The reservations made by the latter shall not exempt

them,

however,

from

the

liabilities

they

may

have

incurred by reason of their own acts.

ARTICLE 374. The consignees to whom the remittance

may have been made can not defer the payment of the

expenses and transportation charges on the goods that

© Compiled by RGL

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