Article 119p. 119

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

ARTICLE 683. In case of making a port to repair the hull,

machinery, or equipment of the vessel, the freighters

must wait until the vessel is repaired, being permitted to

unload her at their own expense should they deem it

advisable.

If, for the benefit of the cargo subject to deterioration, the

freighters or the court, or the consul, or the competent

authority in a foreign land should order the merchandise

to be unloaded, the expenses of loading and unloading

shall be for the account of the former.

ARTICLE 684. If the charterer, without the occurrence of

any of the cases of force majeure mentioned in the

foregoing article, should wish to unload his merchandise

before arriving at the port of destination, he shall pay the

full freight, the expenses of the stop made at his request,

and the losses and damages caused the other freighters,

should there be any.

ARTICLE 685. In charters for transportation of general

freight any of the freighters may unload the merchandise

before the beginning of the voyage, by paying one-half

the freight, the expense of stowing and restowing the

cargo, and any other damage which may be caused the

other shippers.

ARTICLE 686. After the vessel has been unloaded and the

cargo placed at the disposal of the consignee, the latter

must immediately pay the captain the freight due and

the other expenses to which he may be liable for said

cargo.

The primage must be paid in the same proportion and at

the same time as the freight, all the changes and

modifications to which the latter should be subject also

governing the former.

ARTICLE

687.

The

charters

and

freighters

can

not

abandon

merchandise

damaged

on

account of the

inherent vice of the goods or by reason of an accidental

case, for the payment of the freight and other expenses.

The abandonment shall be proper, however, if the cargo

should consist of liquids and should they have leaked out,

there

not

remaining

in

the

containers

more

than

one-quarter of their contents.

4. Total or Partial Rescissions of Charter Parties

ARTICLE 688. A charter party may be annulled at the

request of the charterer:

1. If before loading the vessel he should abandon the

charter, paying half of the freightage agreed upon.

2. If the capacity of the vessel should not agree with that

stated in the certificate of the tonnage, or if there is an

error in the statement of the flag under which she sails.

3. If the vessel should not be placed at the disposal of the

charterer within the period and in the manner agreed

upon.

4. If, after the vessel has put to sea, she should return to

the port of departure, on account of risk of pirates,

enemies, or bad weather, and the freighters should agree

to unload her.

In the second and third cases the person from whom the

vessel was chartered shall indemnify the charterer for the

losses he may suffer.

In the fourth case the person from whom the vessel was

chartered shall have a right to the freightage in full for

the voyage out.

If the charter should have been made by the months, the

charterers shall pay the full freightage for one month, if

the voyage were to a port in the same waters, and two

months, if the voyage were to a port in different waters.

From one port to another of the Peninsula and adjacent

islands, the freightage for one month only shall be paid.

5. If a vessel should make a port during the voyage in

order to make urgent repairs and the freighters should

prefer to dispose of the merchandise.

When

the

delay

does

not

exceed

thirty

days,

the

freighters shall pay the full freight for the voyage out.

Should the delay exceed thirty days, they shall only pay

the freight in proportion to the distance covered by the

vessel.

ARTICLE 689. At the request of the person from whom

the

vessel

is

chartered

the

charter

party

may

be

rescinded:

1. If the charterer at the termination of the extra lay days

does not place the cargo alongside the vessel.

In such case the charterer must pay half the freight

stipulated besides the demurrage for the lay days and

extra lay days elapsed.

2. If the person from whom the vessel was chartered

should sell her before the charterer has begun to load her

and the purchaser should load her for his own account.

In such case the vendor shall indemnify the charterer for

the losses he may suffer.

If the new owner of the vessel should not load her for his

own account the charter party shall be respected, and the

vendor shall indemnify the purchaser if the former did

not inform him of the charter pending at the time of

making the sale.

ARTICLE 690. The charter party shall be rescinded and all

action arising therefrom shall be extinguished if, before

the vessel puts to sea from the port of departure, any of

the following cases should occur:

1. A declaration of war or interdiction of commerce with

the power to whose ports the vessel was going to sail.

2. A condition of blockade of the port of destination of

said vessel, or the breaking out of an epidemic after the

contract was executed.

3. The prohibition to receive the merchandise of the

vessel at the said port.

4. An indefinite detention, by reason of an embargo of the

vessel by order of the government or for any other reason

independent of the will of the agent.

5. The impossibility of the vessel to navigate, without fault

of the captain or agent.

The unloading shall be made for the account of the

charterer.

ARTICLE 691. If the vessel can not put to sea on account of

the

closing

of

the

port of departure, or any other

temporary cause, the charter shall be in force without any

of

the

contracting

parties

having

a

right

to

claim

damages.

The

subsistence

and

wages

of

the

crew

shall

be

considered as general average.

During the interruption the charterer may, at the proper

time and for his own account, unload and load the

merchandise, paying demurrage if the reloading should

continue after the reason for the detention has ceased.

ARTICLE 692. A charter party shall be partially rescinded,

unless there is an agreement to the contrary, and the

captain shall only be entitled to the freight for the voyage

out, if, by reason of a declaration of war, closing of ports,

or interdiction of commercial relations during the voyage,

the vessel should make the port designated for such a

case in the instructions of the charterer.

5. Passengers on Sea Voyages

ARTICLE 693. Should the passage price not have been

agreed upon, the judge or court shall summarily fix it,

after a statement of experts.

ARTICLE 694. Should the passenger not arrive on board at

the

time

fixed,

or

should

leave

the vessel without

permission from the captain, when the latter is ready to

leave the port, the captain may continue the voyage and

demand the full passage price.

© Compiled by RGL

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