Article 116p. 116

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

ARTICLE 645. If a sailor should die during the voyage his

heir shall be given the wages earned and not received,

according to his engagement and the reason for his

death, namely —

If he should have died a natural death and should have

been engaged on wages there shall be paid what may

have been earned up to the date of his death.

If the engagement had been made for a fixed sum for the

whole voyage there shall be paid half the amount earned

if the sailor died on the voyage out, and the whole

amount if he died on the return voyage.

And if the engagement had been made on shares and

the death should have occurred after the voyage was

begun, the heirs shall be paid the entire portion due the

sailor;

but

should

the

latter

have

died

before

the

departure of the vessel from the port, the heirs shall not

be entitled to claim anything.

If the death should have occurred in the defense of the

vessel, the sailor shall be considered as living, and his

heirs shall be paid, at the end of the voyage, the full

amount of wages or the full part of the profits due him as

to the others of his grade.

The sailor shall likewise be considered as present in the

event of his capture when defending the vessel, in order

to enjoy the same benefits as the rest; but should he have

been

captured

on account of carelessness or other

accident not related to the service, he shall only receive

the wages due up to the day of his capture.

ARTICLE

646.

The

vessel

with

her engines, rigging,

equipment, and freights shall be liable for the wages

earned by the crew engaged per month or for the trip,

the

liquidation

and

payment

ought

to

take

place

between one voyage and the other.

After a new voyage has been undertaken, credits such as

the former shall lose their right of preference.

ARTICLE 647. The officers and the crew of the vessel shall

be exempted from all obligations contracted, if they

deem it proper, in the following cases:

1. If, before the beginning of the voyage, the captain

attempts to change it, or there occurs a naval war with

the power to which the vessel was destined.

2. If a disease should break out and be officially declared

epidemic in the port of destination.

3. If the vessel should change owner or captain.

ARTICLE 648. By the complement of a vessel shall be

understood all the persons embarked, from the captain

to

the

cabin

boy,

necessary

for

the

management,

evolutions, and service, and there shall, therefore, be

understood as included in the complement the crew,

sailing mates, engineers, stokers, and other persons not

having a specific name; but there shall not be included

the

passengers

nor

the

persons

the

vessel

is only

transporting.

SECTION IV Supercargoes

ARTICLE 649. Supercargoes shall discharge on board the

vessel the administrative duties which the agent or

shippers may have assigned them; they shall keep an

account and record of their transactions in a book which

shall have the same conditions and requisites as required

for the accounting book of the captain, and shall respect

the latter in his duties as chief of the vessel.

The powers and liabilities of the captain shall cease, when

there is a supercargo, with regard to that part of the

administration legitimately conferred upon the latter, but

shall continue in force for all acts which are inseparable

from his authority and office.

ARTICLE 650. All the provisions contained in the second

section of Title III, Book II, with regard to qualifications,

manner of making contracts, and liabilities of factors shall

be applicable to supercargoes.

ARTICLE

651.

Supercargoes

can not, without special

authorization or agreement, make any transaction for

their own account during the voyage, with the exception

of the ventures which, in accordance with the custom of

the port of destination, they are permitted to do.

Neither shall they be permitted to invest in the return trip

more than the profits from the ventures, unless there is a

special authorization thereto from the principals.

TITLE III Special Contracts of Maritime Commerce

SECTION I Charter Parties

1. Forms and Effects of Charter Parties

ARTICLE 652. A charter party must be drawn in duplicate

and signed by the contracting parties, and when either

does not know how or can not do so, by two witnesses at

their request.

The charter party shall include, besides the conditions

unrestrictedly stipulated, the following statements:

1. The kind, name, and tonnage of the vessel.

2. Her flag and port of registry.

3. The name, surname, and domicile of the captain.

4. The name, surname, and domicile of the agent, if the

latter should make the charter party.

5. The name, surname, and domicile of the charterer, and

if he states that he is acting by commission, that of the

person for whose account he makes the contract.

6. The port of loading and unloading.

7. The capacity, number of tons or weight, or measure

which they respectively bind themselves to load and

transport, or whether it is the total cargo.

8. The freightage to be paid, stating whether it is to be a

fixed amount for the voyage or so much per month, or for

the space to be occupied, or for the weight or measure of

the goods of which the cargo consists, or in any other

manner whatsoever agreed upon.

9. The amount of primage to be paid to the captain.

10. The days agreed upon for loading and unloading.

11. The lay days and extra lay days to be allowed and the

rate of demurrage.

ARTICLE 653. If the freight should be received without the

charter party having been signed, the contract shall be

understood as executed in accordance with what appears

in the bill of lading, which shall be the only instrument

with regard to the freight to determine the rights and

obligations of the owner, of the captain, and of the

charterer. t

ARTICLE 654. The charter parties executed with the

intervention of a broker, who certifies to the authenticity

of the signatures of the contracting parties made in his

presence, shall be full evidence in court; and if said

signatures should not agree the ones identical with the

signatures the broker must keep in his registry, if kept in

accordance to law, shall be final.

The contracts shall also be admitted as evidence, even

though a broker has not taken part therein, if the

contracting parties acknowledge the signatures to be the

same as their own.

Should no broker have taken part in the charter party and

should the signatures not have been acknowledged,

doubts shall be decided by what is provided for in the bill

of lading, and in the absence thereof by the proofs

submitted by the parties.

ARTICLE 655. Charter parties executed by the captain in

the absence of the agent shall be valid and efficient, even

though in executing them he should have acted in

violation of the orders and instructions of the agent or

shipowner; but the latter shall have a right of action

against the captain to recover damages.

© Compiled by RGL

116 of 211