Article 120p. 120

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

ARTICLE 695. The right to passage, if issued to a specified

person, can not be transferred without the consent of the

captain or of the consignee.

ARTICLE

696.

If

before

beginning

the

voyage

the

passenger should die, his heirs shall only be obliged to

pay half of the passage agreed upon.

If there should be understood in the price stipulated the

expenses of subsistence, the judge, or court, hearing

experts if he considers it necessary, shall fix the amount

to be paid the vessel.

Should another passenger be received in the place of the

deceased, nothing shall be paid by said heirs.

ARTICLE 697. If before beginning the voyage it should be

suspended through the sole fault of the captain or agent,

the passengers shall be entitled to have their passage

refunded and to recover for losses and damages; but if

the suspension was due to an accidental cause, or to

force majeure , or to any other cause beyond the control

of the captain or agent, the passengers shall only be

entitled to the return of the passage money.

ARTICLE 698. In case a voyage already begun should be

interrupted the passengers shall be obliged only to pay

the passage in proportion to the distance covered, and

shall not be entitled to recover for losses and damages if

the interruption is due to an accidental cause or to force

majeure , but have a right to indemnity if the interruption

should have been caused by the captain exclusively. If the

interruption should be by reason of the disability of the

vessel, and the passenger should agree to await her

repair, he can not be required to pay any increased price

of passage, but his living expenses during the delay shall

be for his own account.

In

case

the departure of the vessel is delayed the

passengers have a right to remain on board and to be

furnished with food for the account of the vessel, unless

the delay is due to an accidental cause or to force

majeure .

If

the

delay

should

exceed

ten

days, the

passengers who request it shall be entitled to the return

of the passage; and if it were due exclusively to the

captain

or

agent

they

may

furthermore

demand

indemnity for losses and damages.

A

vessel

which

is

exclusively

destined

to

the

transportation of passengers must take them directly to

the port or ports of destination, no matter what the

number of passengers may be, making all the stops

indicated in her itinerary.

ARTICLE 699. After the contract has been rescinded,

before or after the commencement of the voyage, the

captain shall have a right to claim payment for what he

may have furnished the passengers.

ARTICLE 700. In all that relates to the preservation of

order and police on board the vessel the passengers shall

conform to the orders given by the captain, without any

distinction whatsoever.

ARTICLE 701. The convenience or the interest of the

passengers shall not obligate nor empower the captain to

stand in shore or enter places which may take the vessel

out of her course, nor to remain in the ports he must or is

under the necessity of touching for a period longer than

that required for the business of the navigation.

ARTICLE 702. In the absence of an agreement to the

contrary, it shall be understood that the maintenance of

the passengers during the voyage is included in the price

of the passage; but should said maintenance be for the

account of the latter, the captain shall be under the

obligation, in case of necessity, to furnish them the

victuals

at

a

reasonable

price

necessary

for

their

maintenance.

ARTICLE 703. A passenger shall be looked upon as a

shipper in so far as the goods he carries on board are

concerned, and the captain shall not be liable for what

said passenger may preserve under his immediate and

special custody unless the damage arises from an act of

the captain or of the crew.

ARTICLE 704. The captain, in order to collect the price of

the passage and expenses of maintenance, may retain

the goods belonging to the passenger, and in case of the

sale of the same he shall be given preference over the

other

creditors,

acting

in

the

same

way as in the

collection of freight.

ARTICLE 705. In case of the death of a passenger during

the voyage the captain is authorized, with regard to the

body, to take the steps required by the circumstances,

and shall carefully take care of the papers and goods

there may be on board belonging to the passenger,

observing the provisions of Case No. 10 of Article 612 with

regard to members of the crew.

6. Bills of Lading

ARTICLE 706. The captain and the freighter of the vessel

are obliged to draft the bill of lading, in which there shall

be stated:

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

2. The name of the captain and his domicile.

3. The port of loading and that of unloading.

4. The name of the shipper.

5. The name of the consignee, if the bill of lading is issued

to order.

6. The quantity, quality, number of packages, and marks

of the merchandise.

7. The freight and the primage stipulated.

The bill of lading may be issued to bearer, to order, or in

the name of a specific person, and must be signed within

twenty-four hours after the cargo has been received on

board, the freighter being able to request the unloading

thereof at the expense of the captain should he not sign

it,

and

in

every case indemnity for the losses and

damages suffered thereby.

ARTICLE 707. Four true copies of the original bill of lading

shall be made, all of which shall be signed by the captain

and by the freighter. Of these copies the freighter shall

keep one and send another to the consignee; the captain

shall take two, one for himself and another for the agent.

There may, furthermore, be made as many copies of the

bill of lading as may be considered necessary by the

persons interested; but when they are issued to order or

to the bearer there shall be stated in all the copies, be

they either of the first four or of the subsequent ones, the

destination of each one, stating whether it is for the

agent,

for

the captain, for the freighter, or for the

consignee. If the copy sent to the latter should be

duplicated there must be stated in said duplicate this

fact, and that it is not valid except in case of the loss of the

first one.

ARTICLE 708. The bills of lading issued to the bearer sent

to the consignee shall be transferable by the actual

delivery

of

the

instrument;

and

by

virtue

of

an

indorsement, those issued to order.

In either case, the person to whom the bill of lading is

transferred shall acquire all the rights and actions of the

assignor or indorser with regard to the merchandise

mentioned in the same.

ARTICLE 709. A bill of lading drawn up in accordance with

the provisions of this title shall be proof as between all

those interested in the cargo and between the latter and

the underwriters, proof to the contrary being reserved by

the latter.

ARTICLE 710. Should the bills of lading not agree, and

there should not be observed any correction or erasure in

any

of

them,

those

possessed

by

the

freighter

or

consignee signed by the captain shall be proof against

the captain or agent in favor of the consignee or freighter;

and those possessed by the captain or agent signed by

the freighter shall be proof against the freighter or

consignee in favor of the captain or agent.

ARTICLE 711. The legitimate holder of a bill of lading who

does not present it to the captain of the vessel before her

© Compiled by RGL

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