Article 117p. 117

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

ARTICLE 656. If in the charter party the time in which the

loading and unloading is to take place is not stated, the

customs of the port where these acts take place shall be

observed. After the period stipulated or the customary

one has passed, and should there not be in the freight

contract an express clause fixing the indemnification for

the

delay, the captain shall be entitled to demand

demurrage for the usual and extra lay days which may

have elapsed in loading and unloading.

ARTICLE 657. If during the voyage the vessel should be

rendered unseaworthy the captain shall be obliged to

charter another one at his expense, in good condition, to

take the cargo to its destination, for which purpose he

shall be obliged to look for a vessel not only at the port of

arrival but in the other ports within a distance of 150

kilometers.

If the captain should not furnish a vessel to take the cargo

to its destination, either through indolence or malice, the

freighters, after a demand of the captain to charter a

vessel within an unextendible period, may charter one

and apply to the judicial authority requesting that the

charter

party

which

may

have

been

made

be

immediately approved.

The same authority shall judicially compel the captain to

confirm the charter made by the shippers for his account

and under his responsibility.

If the captain, notwithstanding his efforts, should not find

a vessel to charter, he shall deposit the cargo at the

disposal of the freighters, to whom he shall communicate

the facts on the first opportunity presenting itself, the

charter being regulated in such cases by the distance

covered by the vessel, there being no right to any

indemnification whatsoever.

ARTICLE 658. The freight shall be paid according to the

conditions stipulated in the contract, and should they not

be specific, or should they be ambiguous, the following

rules shall be observed:

1. If the vessel has been chartered by months or by days,

the freight shall begin to run from the day the loading of

the vessel is begun.

2. In charters made for a fixed period, the freight shall

begin from that very day.

3. If the freight is charged according to weight, the

payment

shall

be made according to gross weight,

including the containers, such as barrels or any other

objects containing the cargo.

ARTICLE 659. The merchandise sold by the captain to pay

for

the

necessary

repairs to the hull, machinery or

equipment, or for unavoidable and urgent requirements,

shall pay freight. t

The price of this merchandise shall be fixed according to

the success of the voyage, namely:

1.

If

the

vessel

should

arrive

safely

at

the port of

destination, the captain shall pay the price which the sale

of merchandise of the same kind brings at that port.

2. If the vessel should be lost, the captain shall pay the

price said merchandise would have brought in the sale.

The same rule shall be observed in the payment of the

freight which shall be in full if the vessel arrives at her

destination, and in proportion to the distance covered if

she should be lost beforehand.

ARTICLE 660. Merchandise jettisoned for the common

safety

shall

not

pay

freight;

but

its value shall be

considered as general average, and shall be computed in

proportion

to

the

distance

covered

when

it

was

jettisoned.

ARTICLE 661. Neither shall merchandise which was lost by

reason of shipwreck or stranding pay freight, nor that

seized by pirates or enemies.

If the freight should have been paid in advance, it shall be

returned, unless there was an agreement to the contrary.

ARTICLE 662. If the vessel or the merchandise should be

recovered, or should the goods of the shipwreck be

picked up, the freight corresponding to the distance

covered by the vessel transporting the cargo shall be

paid; and should the vessel be repaired and transport said

merchandise to the port of destination, the full freight

shall be paid, without prejudice to what may be due by

reason of the average.

ARTICLE 663. Merchandise which is damaged or reduced

on

account

of

its

own

defects or bad quality and

condition of the packing, or by reason of an accidental

case, shall pay full freight, and as was stipulated in the

charter party.

ARTICLE 664. The natural increase in weight or size of the

merchandise loaded on the vessel shall accrue to the

benefit of the owner, and shall pay the proper freight

fixed in the contract for the same.

ARTICLE 665. The cargo shall be specially liable for the

payment of the freight expenses, and duties arising

therefrom, which must be reimbursed by the shippers, as

well as for the part of the general average which may be

due, but it shall not be legal for the captain to delay

unloading on account of delay in complying with this

obligation.

Should there be reasons for distrust, the judge or court, at

the instance of the captain, may order the deposit of the

merchandise until he has been paid in full.

ARTICLE 666. The captain may request the sale of the

cargo

to

the amount necessary to pay the freight,

expenses, and averages due him, reserving the right to

demand the balance due him therefor if the proceeds of

the sale should not have sufficed to cover his credit.

ARTICLE 667. The goods loaded shall be liable in the first

place for their freight and expenses during twenty days,

to be counted from the date of their delivery or deposit.

During

this

period,

the

sale

of

the

same

may

be

requested, even though there be other creditors and the

case of bankruptcy of the freighter or consignee should

occur.

This right can not be made use of, however, on the goods

which after being delivered, were turned over to a third

person without malice on the part of the latter and for a

valuable consideration.

ARTICLE 668. If the consignee should not be found or

should refuse to receive the cargo, the judge or court, at

the instance of the captain, shall order its deposit and the

sale of the merchandise in so far as necessary to pay the

freight and other expenses on the same.

The

sale

shall

likewise

take place when the goods

deposited run the risk of deteriorating or by reason of

their condition or for other reasons the expenses of

preservation and custody should be disproportionate to

the value thereof.

2. Rights and Obligations of Owners

ARTICLE 669. The owners or the captain shall observe in

charter parties the capacity of the vessel or that expressly

designated in the registry of the same, a difference

greater than 2 per cent between that stated and her true

capacity not being permissible.

If the owners or the captain should contract to carry a

greater amount of cargo than the vessel can hold, in view

of her tonnage, they shall indemnify the freighters whose

contracts they do not fulfill for the losses they may have

caused them by reason of their default, according to the

cases, viz:

If the vessel has been chartered by one freighter only, and

there should appear to be an error or fraud in her

capacity, and the charterer should not wish to rescind the

contract, when he has a right to do so, the charter should

be reduced in proportion to the cargo the vessel can not

receive, the person from whom the vessel is chartered

being furthermore obliged to indemnify the charterer for

the losses he may have caused.

© Compiled by RGL

117 of 211