Article 124p. 124

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

SECTION II Arrivals Under Stress

ARTICLE 819. If the captain during the navigation should

believe that the vessel can not continue the voyage to the

port of destination on account of the lack of provisions,

well founded fear of seizure, privateers or pirates, or by

reason of any accident of the sea disabling her to

navigate, he shall assemble the officers and shall call the

persons interested in the cargo who may be present, and

who may attend the meeting without the right to vote;

and if, after examining the circumstances of the case, the

reasons should be considered well founded, it shall be

decided to make the nearest and most convenient port

drafting and entering in the log book the proper minutes,

which shall be signed by all.

The captain shall have the deciding vote and the persons

interested in the cargo may make the objections and

protests they may deem proper, which shall be entered in

the minutes in order that they may make use thereof in

the manner they may consider advisable.

ARTICLE

820.

The

arrival

under

stress shall not be

considered legal in the following cases:

1. If the lack of provisions should arise from the failure to

take the necessary provisions for the voyage, according to

usage and custom, or if they should have been rendered

useless or lost through bad stowage or negligence in

their care.

2. If the risk of enemies, privateers, or pirates should not

have been well known, manifest, and based on positive

and justifiable facts.

3. If the injury to the vessel should have been caused by

reason of her not being repaired, rigged, equipped, and

arranged in a convenient manner for the voyage, or by

reason of some erroneous order of the captain.

4. Whenever malice, negligence, want of foresight, or lack

of skill on the part of the captain is the reason for the act

causing the damage.

ARTICLE 821. The expenses caused by the arrival under

stress shall always be for the account of the shipowner or

agent, but the latter shall not be liable for the damage

which may be caused the shippers by reason of the arrival

under stress, provided the latter is legitimate.

Otherwise, the shipowner or agent and the captain shall

be jointly liable.

ARTICLE 822. If in order to make repairs to the vessel or

because there should be danger of the cargo suffering

damage it should be necessary to unload, the captain

must request authorization of the judge or court of

competent jurisdiction to lighten the vessel, and do so

with

the

knowledge

of

the

person

interested

or

representative of the cargo, should there be one.

In a foreign port, it shall be the duty of the Spanish *

consul, where there is one, to give the authorization.

In the first case, the expenses shall be defrayed by the

ship agent or owner, and in the second, they shall be for

the account of the owners of the merchandise, for whose

benefit the act took place.

If the unloading should take place for both reasons, the

expenses shall be defrayed in proportion to the value of

the vessel and that of the cargo.

ARTICLE 823. The care and preservation of the cargo

which has been unloaded shall be in charge of the

captain, who shall be responsible for the same, except in

cases of force majeure .

ARTICLE 824. If the entire cargo or part thereof should

appear to be damaged, or there should be imminent

danger of its being damaged, the captain may request of

the judge or court of competent jurisdiction or the

consul, in a proper case, the sale of all or of part of the

former, and the person taking cognizance of the matter

shall authorize it after an examination and declaration of

experts, advertisements, and other formalities required by

the case and an entry in the book, in accordance with the

provisions of Article 624.

The captain shall, in a proper case, justify the legality of

the procedure, under the penalty of answering to the

shipper

for

the

price

the

merchandise

would have

brought if it should have arrived at the port of its

destination in good condition.

ARTICLE 825. The captain shall answer for the damages

caused by his delay, if the reason for the arrival under

stress having ceased, he should not continue the voyage.

If the reason for said arrival should have been the fear of

enemies, privateers, or pirates, before sailing, a discussion

and resolution of a meeting of the officers of the vessel

and persons interested in the cargo who may be present

shall

take

place,

in

accordance

with

the provisions

contained in Article 819.

SECTION III Collisions

ARTICLE 826. If a vessel should collide with another

through the fault, negligence, or lack of skill of the

captain,

sailing

mate, or any other member of the

complement,

the owner of the vessel at fault shall

indemnify the losses and damages suffered, after an

expert appraisal.

ARTICLE 827. If both vessels may be blamed for the

collision, each one shall be liable for his own damages,

and both shall be jointly responsible for the losses and

damages suffered by their cargoes.

ARTICLE 828. The provisions of the foregoing article are

applicable to the case in which it can not be decided

which of the two vessels was the cause of the collision.

ARTICLE 829. In the cases above mentioned the civil

action of the owner against the person liable for the

damage is reserved, as well as the criminal liabilities

which may be proper.

ARTICLE 830. If a vessel should collide with another by

reason of an accident or through force majeure , each

vessel and her cargo shall be liable for their own damage.

ARTICLE 831. If a vessel should be forced to collide with

another one by a third vessel, the owner of the third

vessel shall indemnify for the losses and damages caused,

the captain thereof being civilly liable to said owner.

ARTICLE 832. If, by reason of a storm or other cause of

force majeure , a vessel which is properly anchored and

moored should collide with those in her immediate

vicinity, causing them damage, the injury occasioned

shall be looked upon as particular average to the vessel

run into.

ARTICLE 833. A vessel shall be presumed as lost thru a

collision which, upon being run into, sinks immediately,

and also any vessel which is obliged to make a port to

repair the damages caused by the collision should be lost

during the voyage, or should be obliged to be stranded in

order to be saved.

ARTICLE 834. If the vessels colliding should have pilots on

board discharging their duties at the time of the collision,

their presence shall not exempt the captains from the

liabilities they incur; but the latter shall have the right to

be indemnified by the pilots without prejudice to the

criminal liability which the latter may incur.

ARTICLE 835. The action for the recovery of losses and

damages arising from collisions can not be admitted if a

protest or declaration is not presented within twenty-four

hours to the competent authority of the point where the

collision took place, or that of the first port of arrival of the

vessel, if in Spain, * and to the consul of Spain * if it should

have occurred in a foreign country.

ARTICLE 836. In so far as the damages caused to persons

or to the cargo are concerned, the absence of a protest

can not prejudice the persons interested who were not

on board or were not in a condition to make known their

wishes.

© Compiled by RGL

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