Article 108p. 108

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

they received after twenty-four hours have elapsed from

the time of the delivery; and in case of delay in making

this payment, the carrier may request the judicial sale of

the goods he transported to a sufficient amount to cover

the transportation charges and the expenses incurred.

ARTICLE 375. The goods transported shall be specifically

obligated to answer for the transportation charges and

for the expenses and fees caused by the same during

their transportations, or until the time of their delivery.

This special right shall be limited to eight days after the

delivery has been made, and after said prescription the

carrier shall have no further right of action than that

corresponding to an ordinary creditor.

ARTICLE 376. The preference of the carrier to the payment

of what is due him for the transportation and expenses of

the

goods

delivered

to the consignee shall not be

affected by the bankruptcy of the latter, provided the

action is brought within the eight days mentioned in the

foregoing article.

ARTICLE

377.

The

carrier

shall

be liable for all the

consequences arising from noncompliance on his part

with

the

formalities

prescribed

by

the

laws

and

regulations of the public administration during the entire

course of the trip and on the arrival at the point of

destination, except when his omission arises from his

having been induced into error by false statements of the

shipper in the declaration of the merchandise.

If the carrier has acted in accordance with a formal order

received

from

the

shipper

or

consignee

of

the

merchandise both shall incur liability.

ARTICLE 378. Transportation agents shall be obliged to

keep a special registry, with the formalities required by

Article 36, in which there shall be entered, in progressive

order

of

numbers

and

dates,

all

the

goods

the

transportation

of

which

is

undertaken,

stating

the

circumstances required by Articles 350 et seq . for the

responsive bills of lading.

ARTICLE 379. The provisions contained in Articles 349 et

seq . shall also be understood as relating to persons who,

although they do not personally effect the transportation

of commercial goods, contract to do so through others,

either as contractors for a special and fixed transaction or

as freight and transportation agents.

In either case they shall be subrogated to the place of the

carriers with regard to the obligations and liability of the

latter, as well as with regard to their right.

BOOK III Maritime Commerce

TITLE I Vessels

ARTICLE 573. Merchant vessels constitute property which

may be acquired and transferred by any of the means

recognized by law. The acquisition of a vessel must be

included in a written instrument, which shall not produce

any effect with regard to third persons if not recorded in

the mercantile registry.

The ownership of a vessel shall also be acquired by the

possession thereof in good faith for three years, with a

good title duly recorded.

In the absence of any of these requisites, uninterrupted

possession for ten years shall be necessary in order to

acquire ownership.

A captain can not acquire by prescription the ship of

which he is in command.

ARTICLE 574. The builders of vessels may employ the

material

and

with

regard to their construction and

rigging may follow the system which is most convenient

to their interests. Ship agents and seamen shall be

subject to the provisions of the laws and regulations of

the public administration on navigation, customs, health,

safety of the vessels, and other similar provisions.

ARTICLE 575. Part owners of vessels shall enjoy the right

of option of purchase and withdrawal in the sales made

to strangers; but they can only exercise it within the nine

days following the record of the sale in the registry and by

delivering the price at once.

ARTICLE 576. The rigging, tackle, stores, and engine of a

vessel, if it is a steamer, shall always be understood as

included in the sale thereof if they are owned by the

vendor at the time of the sale.

The arms, munitions of war, provisions, and fuel shall not

be considered as included in the sale.

The vendor shall be under the obligation to deliver to the

purchaser a certificate of the record of the vessel in the

registry up to the date of the sale.

ARTICLE 577. If the alienation of the vessel should take

place while said vessel is on a voyage, the purchaser shall

receive all the freights it earns from the time it received

its last cargo , and the payment of the crew and other

persons which go to make up its complement shall be

paid by the purchaser for the said voyage.

If the sale takes place after the arrival of the vessel at the

port of its destination, the freights shall belong to the

vendors and he shall pay the crew and other persons

which go to make up its complement, unless there is an

agreement to the contrary in either case.

ARTICLE 578. If, the steamer being on a voyage or in a

foreign port, her owner or owners should voluntarily

alienate

her

either

to

Spaniards

*

or

to

foreigners

domiciled in the capital or in a port of another country,

the bill of sale shall be executed before the consul of

Spain * of the port where she terminates her voyage, and

said instrument shall have no effect with regard to third

persons if it is not recorded in the registry of the

consulate. The consul shall immediately forward a true

copy

of

the

bill

of

purchase

of

the

vessel

to

the

[commercial registry] of the port where said vessel is

recorded and registered.

In every case the alienation of the vessel must be stated,

indicating whether the vendor receives the full price or

part thereof, or whether he retains any interest in said

vessel in full or in part. In case the sale is made to a

Spaniard, * this fact shall be stated in the certificate of

navigation.

When, the ship being on a voyage, it should be rendered

useless for navigation, the captain shall apply to the judge

or court of competent jurisdiction of the port of arrival,

should it be a foreign port, to the consul of Spain, * should

there be one or to the judge, or court, or local authority in

the absence of the former; and the consul, or the judge,

or court, or in their absence, the local authority, shall

order an examination of the vessel to be made.

If the consignee or the underwriter should reside at said

port, or should have representatives there, they must be

cited in order to take part in the proceedings for the

account of whom it may concern.

ARTICLE 579. After the damage to the vessel has been

proven as well as the impossibility of her being repaired,

to continue the voyage, her sale at public auction shall be

ordered, subject to the following rules:

1. The hull of the vessel, her rigging, engines, stores, and

other articles shall be appraised by means of an inventory,

said proceedings being brought to the notice of the

persons who may wish to take part in the auction.

2. The order or decree ordering the public auction shall be

posted in the usual places, and shall be advertised in the

newspapers of the port where the auction is to be held,

should there be any, and in the other newspapers which

the court may determine.

The period which may be fixed for the auction can not be

less than twenty days.

3. These advertisements shall be repeated every ten days,

and their publication shall be stated in the proceedings.

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