Article 110p. 110

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

ARTICLE 589. If two or more persons should be part

owners of a merchant vessel, an association shall be

presumed as established by the part owners.

This association shall be governed by the resolutions of a

majority of the members.

A majority shall be the relative majority of the voting

members.

If there should be only two part owners, in case of

disagreement the vote of the member having the largest

interest shall be decisive. If the interests are equal, it shall

be decided by lot.

The representation of the smallest part in the ownership

shall have one vote; and proportionately the other part

owners as many votes as they have parts equal to the

smallest one.

A vessel can not be detained, attached or levied upon

execution in her entirety for the private debts of a part

owner, but the proceedings shall be limited to the

interest the debtor may have in the vessel, without

interfering with her navigation.

ARTICLE 590. The owners of a vessel shall be civilly liable

in the proportion of their contribution to the common

fund, for the results of the acts of the captain, referred to

in Article 587.

Each part owner may exempt himself from this liability by

the abandonment before a notary of the part of the

vessel belonging to him.

ARTICLE 591. All the part owners shall be liable, in

proportion to their respective ownership, for the expenses

of repairs to the vessel, and for other expenses which are

incurred by virtue of a resolution of the majority.

They shall likewise be liable in the same proportion for

the

expenses

of

maintenance,

equipment,

and

provisioning of the vessel, necessary for navigation.

ARTICLE 592. The resolutions of the majority with regard

to the repair, equipment, and provisioning of the vessel in

the port of departure shall bind the majority unless the

partners in the minority renounce their participation

therein, which must be acquired by the other part owners

after a judicial appraisement of the value of the portion or

portions assigned.

The resolutions of the majority relating to the dissolution

of the association and sale of the vessel shall also be

binding on the minority.

The sale of the vessel must take place at a public auction,

subject to the provisions of the law of civil procedure

unless the part owners unanimously agree otherwise, the

right of option to purchase and to withdraw mentioned in

Article 575 being always reserved in favor of said part

owners.

ARTICLE 593. The owners of a vessel shall have preference

in her charter to other persons, offering equal conditions

and price. If two or more of the former should claim said

right the one having greater interest shall be preferred,

and should they have an equal interest it shall be decided

by lot.

ARTICLE 594. The part owners shall elect the manager

who is to represent them in the capacity of agent.

The appointment of director or agent shall be revocable

at the will of the members.

ARTICLE 595. The agent, be he at the same time an owner

of a vessel or a manager for an owner or for an association

of co-owners, must be qualified to trade and must be

recorded in the merchant's registry of the province.

The agent shall represent the ownership of the vessel,

and may in his own name and in such capacity take

judicial

and extrajudicial steps in all that relates to

commerce.

ARTICLE 596. The agent may discharge the duties of

captain of the vessel, subject, in every case, to the

provisions contained in Article 609.

If two or more co-owners request the position of captain,

the disagreement shall be decided by a vote of the

members; and if the vote should result in a tie, the

position shall be given to the part owner having the

larger interest in the vessel.

If the interest of the petitioners should be the same, and

there should be a tie, the matter shall be decided by lot.

ARTICLE 597. The agent shall select and come to an

agreement with the captain, and shall contract in the

name of the owners, who shall be bound in all that refers

to repairs, details of equipment, armament, provisions,

fuel, and freight of the vessel, and, in general, in all that

relates to the requirements of navigation.

ARTICLE 598. The agent can not order a new voyage, nor

make contracts for a new charter, nor insure the vessel,

without the authority of her owner or by virtue of a

resolution of the majority of the co-owners, unless these

privileges were granted him in the certificate of his

appointment.

If he should insure the vessel without authority therefor

he shall be secondarily liable for the solvency of the

underwriter.

ARTICLE 599. The managing agent of an association, shall

give his co-owners an account of the results of each

voyage of the vessel, without prejudice to always having

the books and correspondence relating to the vessel and

to its voyages at the disposal of the same.

ARTICLE 600. After the account of the managing agent

has been approved by a relative majority, the co-owners

shall satisfy the expenses in proportion to their interest,

without prejudice to the civil or criminal actions which

the minority may deem fit to institute afterwards.

In order to enforce the payment, the managing agent

shall have a right of action to secure execution, which

shall be instituted by virtue of a resolution of the majority,

and

without

further

proceedings

than

the

acknowledgment of the signatures of the persons who

voted the resolution.

ARTICLE 601. Should there be any profits, the co-owners

may demand of the managing agent the amount due

them, by means of an executory action without further

requisites than the acknowledgment of the signatures of

the instrument approving the account.

ARTICLE 602. The agent shall indemnify the captain for all

the expenses he may have incurred from his own funds

or from those of other persons, for the benefit of the

vessel.

ARTICLE 603. Before a vessel goes out to sea the agent

shall have at his discretion, a right to discharge the

captain and members of the crew whose contract did not

state a definite period nor a definite voyage, paying them

the salaries earned according to their contracts, and

without any indemnity whatsoever, unless there is a

special and specific agreement in respect thereto.

ARTICLE 604. If the captain or any other member of the

crew should be discharged during the voyage, they shall

receive their salary until the return to the place where the

contract was made, unless there are good reasons for the

discharge, all in accordance with Articles 636 et seq . of

this Code.

ARTICLE 605. If the contracts of the captain and members

of the crew with the agent should be for a definite period

or

voyage,

they

can

not

be

discharged

until

the

fulfillment

of

their

contracts,

except

for

reasons

of

insubordination

in

serious

matters,

robbery,

theft,

habitual drunkenness, and damage caused to the vessel

or

to

its

cargo

by

malice

or

manifest

or

proven

negligence.

ARTICLE 606. If the captain should be a part owner in the

vessel, he can not be discharged without the agent

returning him the amount of his interest therein, which,

in the absence of an agreement between the parties,

shall be appraised by experts appointed in the manner

established in the law of civil procedure.

© Compiled by RGL

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