CODE OF COMMERCE
Enacted : 15.02.1902
Effective : 01.07.1902
(*) In accordance with the Sole article of Law N° 16687published on 18 September 1967, it is extended until the 1st of January 1968, the term to that effect in the "Book of the Securities of the Code of Commerce".
INDEX
BOOK FIRST
OF THE MERCHANTS AND THE TRADE IN GENERAL
SECTION FIRST
OF THE MERCHANTS AND OF THE ACTS OF TRADE
Article 1.- Merchants
They are merchants, for the purposes of this Code:
1) Those who, having legal capacity to exercise the trade, is dedicated to him regularly.
2) companies are commercial or industrial constituyeren under this Code.
Matches:
Const. 1993 art. 2 inc. 14, 15; art. 30;
C. C. art. 42;
C. C. arts. 3,4;
L. G. S. arts. 25 and ss, 57 ff, 70 and ss, 261 et seq., 272 ff.
Article 2.- Legal regime of the trade act
The acts of trade, whether or not merchants that are running, and whether or not specified in this Code, shall be governed by the provisions contained in it; and in his default, by usage of trade observed generally in each square; and in the absence of both rules, by those of the common law.
Shall be deemed acts of trade, falling within this Code, and any others of a similar nature.
Matches:
art. IX T. P.; arts. 140, 2112;
C. C. arts. 50, 59, 792;
Law T. V. art. 100.
Article 3.- Presumption of habitual exercise of the trade
There will be a legal presumption of the usual exercise of the trade, since the person who intends to exercise it, " I will proclaim by means of circulars, newspapers, signs, labels exposed to the public, or otherwise, any, a facility that has the purpose of any business transaction.
Matches:
C. C. art. 1 inc. 1.
Article 4.- The capacity to exercise the trade
Can exercise the trade over 21 years of age and minors are legally emancipated you have the free disposal of their property.
Article 5.- Representation of unable to exercise the trade
The under twenty-one years that have not been emancipated, and the disabled will be able to continue through their guardians, the trade who have exercised their parents or their cause. If the keepers carecieren of legal capacity to trade, or have any incompatibility, will be required to appoint one or more factors that meet the legal conditions, who aided in the course of trade, with the consent of the family council.
Matches:
C. C. art. 43, 44, 45, 145, and ss; 502 and ss; 619, 647, inc. 7;
C. C. art. 275 ff.
Article 6.- The married woman over 16 years of age), you may exercise the trade with the permission of her husband, recorded in a public deed which shall be recorded in the commercial Register. (*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 7.- Shall be presumed to be authorized to trade the married women who practice the trade.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 8.- The husband may lead to freely license is granted, implied or expressly, to his wife to trade, including the revocation in writing to the public of that also be taken reason in the Registro mercantil, published also in the official newspaper or of the Province or of the Department and announcing it to his correspondents by means of circulars.
This revocation shall not in any way impair the rights acquired prior to its publication in the official newspaper.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 9.- The woman that the marriage will be found to exercise the trade, you will need to license your husband to continue it.
This license shall be presumed to be granted just taken place, the husband is not required to publish, in the manner prescribed in the preceding article, the cessation of his wife in the exercise of trade.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 10.- If a woman engage in the trade in the cases mentioned in articles 6, 7 and 9 of this Code, shall be jointly and severally bound to the result of its management commercial all their assets endowment and parafernales, and all the property and rights of both spouses in the community or conjugal partnership, being able to the woman's alienating and encumbering the own and unique to his own, as well as the common.
The property of the husband may also be conveyed and encumbered by the woman and if it be spread or stretch forth to them the authorization granted by that.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 11.- You can also exercise the trade of the married woman, 21 years or older, that you find on any of the following cases:
1 Live separately from your spouse for a divorce.
2nd to Be your husband subject to guardaduría.
3rd to Be the husband away ignoring his whereabouts and prior license of the court.
4th to Be your husband to suffer the penalty of interdict civil.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 12.- In the cases referred to in the preceding article, only be forced to as a result of the trade, the property of the woman, and of the community or conjugal partnership had been acquired by those same result, being able to the woman's alienating and encumbering each other.
Legally declared the absence of her husband, shall have in addition the woman of the faculties which in this case gives the common legislation.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 13.- Prevented from exercising the trade
They may not engage in the trade, or having charge of, or direct intervention, administrative or economic, in companies commercial or industrial:
1) Those sentenced to the penalty of interdict civil, while they have not served their sentences or been benefit from an amnesty or pardon.
2) The declared bankrupt, unless they have obtained rehabilitation; or are authorized, by virtue of an agreement accepted at a general meeting of creditors and approved by the judicial authority, to continue on the front of your establishment; it is understood in such case be limited to the rating as mentioned in the convention.
3) Those who, by-laws and special resolutions, cannot trade.
Matches:
Const. 1993 art. 30;
C. C. arts. 43, 44;
C. P. arts. 36, 37, 38, 39;
L. R. E. arts. 1, 18, and ss, I, Disp. Comp.;
D. S. 044-93-EF art. 35 et seq.
Article 14.- Incompatibilities to exercise the trade
They may not exercise the profession merchant for themselves or another, or having charge of, or direct intervention, administrative or economic, in commercial companies or industry, within the limits of the departments, provinces, or towns in which to perform their duties:
1) The magistrates, judges and officials of the Prosecutor's office in active service.
This provision shall not be applicable to Justices of the Peace, or those who accidentally perform judicial functions or tax.
2) The heads of political or military departments, provinces or places.
3) The employees in the collection and administration of funds of the State, appointed by the Government.
Exceptúanse who administered or collected by contract and their representatives.
4) change agents and brokers of trade, of any kind.
5) The by-laws and special provisions are not able to trade in a specific territory.
Matches:
L. O. P. J. art. 196 inc. 3;
L. O. M. P. art. 20 incs. a), (b).
Article 15.- Exercise of the trade by foreigners
The foreign and the companies incorporated abroad, will be able to exercise the trade in Peru: with and subject to the laws of his country, in what relates to their ability to contract, and the provisions of this Code, in all that concerned the creation of their establishments within the territory of peru, to its commercial operations, and to the jurisdiction of the courts of the Nation.
Prescribed in this article shall be without prejudice to the particular cases can be established by treaties and agreements with other powers.
Matches:
Const. 1993, art. 63;
C. C. arts. 2046, 2047, 2073;
L. G. S. art. 15.
COMMERCIAL REGISTER
Article 16.- Composition of the Commercial Register
Is open in all of the department capitals and provinces in the coastal, a Mercantile Registry composed of two independent books, in which shall be recorded:
1) traders and private individuals.
2) The societies.
In the provinces in the coastal and in the departments where appropriate, by having a navigation service, the Registry will include a third book, intended for the registration of ships.
Matches:
C. C. art. 1;
L. G. S. arts. 3, 4, 25 ff, 57 ff, 70 and ss, 261 et seq., 272 et seq.;
D. Lgs. 119 art. 3 inc. g);
D. L. 21621 arts. 13, 14.
Article 17.- Character potestativo and mandatory registration
The entry in the Commercial Register shall be optional for merchants, individuals, and compulsory for the companies that are set up in accordance with this Code or special laws, and to the ships.
Matches:
C. C. art. 1; L. G. S. arts. 3, 4, 25 ff, 57 ff, 70 and ss, 261 et seq., 272 et seq.;
D. Lgs. 119 art. 3 inc. g);
D. L. 21621 arts. 13, 14.
Article 18.- Effects of non-registration
The merchant does not enrolled may not be able to request the registration of any document in the Register, or to take advantage of their legal effects.
Article 19.- Formalities of the books registration
The Registrar will take the books necessary for the registration, sealed, leafy and with a note expressive, in the first folio, of which each book contains, signed by the judge of the 1st instance.
Where there are multiple judges of 1st instance, you can sign the note, any of them.
Matches:
Reg. Regis. Pub. art. 202 and ss;
L. O. P. J. art. 49 inc. 6.
Article 20.- Order of enrolment
The Registrar shall record in chronological order in the tuition and general index, all traders and companies which are registered, giving each sheet a correlative number that corresponds to him.
Matches:
Reg. Regis. Pub. art. 122 ff.
Article 21.- Data for recording and acts eligible for entry
In the sign-up sheet for each merchant or company will be noted:
1) Your name, company name or title.
2) The kind of trade or operations to which it is dedicated.
3) The date in which you need to begin or has begun its operations.
4) The domicile, with specification of the branches, which he hath established; without prejudice to register the branch in the Registry of the Department in which they are domiciled.
5) The articles of incorporation of the company, whatever its purpose or denomination; as well as the modification, termination or dissolution of the societies themselves.
6) The general powers, and the revocation of the same, if any, given to the managers, factors, dependent, and any other representatives.
7) The authorization of the husband for a woman to exercise the trade, and the legal authorization or court of the women to manage their property because of the absence or incapacity of the husband.(*)
( * ) (Subparagraph repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
8) The revocation of the license given to the woman to trade.(*)
( * ) (Subparagraph repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
9) The scriptures endowment, the marriage settlements and the titles attesting to the ownership of the parafernales of the wives of the merchants.(*)
( * ) (Subparagraph repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
10) The issuing of shares, debenture bonds and obligations of railways and all kinds of societies, are of public works, credit card companies, or others; expressing the series and number of securities of each issue, interest, revenue, amortization and premium, when they had one or the other the total amount of the issuance, and the goods, works, rights or mortgages, if any, that will affect your payment.
Also to be recorded, in accordance with the precepts expressed in the previous paragraph, the emissions that would render the individual.
11) The titles of industrial property, patents and trademarks, in the form and manner laid down by law.
Foreign companies seeking to set up or to set up branches in Peru, will present and be recorded in the Registry, in addition to its bylaws, and documents, which are attached to the peruvian, the certificate issued by the peruvian Consul be constituted and authorized under the laws of the respective country.
Matches:
L. G. S. arts. 4, 5, 9, 27, 211, 345;
C. C. art 285.
Article 22.- Registration of Ships
On the Record of vessels are to be noted:
1) The name of the vessel, a class of rig, system, or strength of the machines, if it was steam, stating whether horses are nominal or stated; point of construction of the hull, indicating if it is made of wood, iron, steel or a combination of both; main dimensions of length, beam and strut; total tonnage and net; distinctive signal which has in the International Code of signals; finally, the names and addresses of the owners and share in his property.
2) changes in the ownership of vessels, in their name or on any of the other conditions listed in the preceding paragraph.
3) The imposition, modification, and termination of the liens of any kind, weighing on the ships.
Matches:
C. C. art. 2009.
Article 23.- Titles for registration
The registration is verified, the general rule is that, in virtue of the notarized copies of the documents to be submitted by the person concerned.
The recording of obligations or documents of the nominative and the carrier, which does not carry a mortgage of immovable property, it will be in view of the certificate of the certificate evidencing the agreement of who is or who made them the issue, and the conditions, requirements and safeguards of the same.
When these guarantees consist of mortgages of real estate, we will present, for the entry in the commercial Register, the write after your entry in the property.
Matches:
C. C. art. 2010;
L. G. S. art. 9;
Reg. Regis. Pub. art. 122; R. I. arts. 4, 5.
Article 24.- Effects of scriptures social are not registered
The scriptures of society not registered, shall have effect between the partners that the grant; but do not prejudice a third person, who, however, you can use them in so favourable.
Matches:
C. C. art. 25, 26;
L. G. S. arts. 4, 8, 9, 385 ff.
Article 25.- Registration of modifications of scripture
To be recorded also in the Record all agreements or acts that cause an increase or decrease of the capital of a merchant companies, whatever their denomination, and which modify or alter the terms of the documents registered.
The omission of this requirement will result in the purposes expressed in the above article.
Matches:
C. C. art. 24;
L. G. S. arts. 283 ff.
Article 26.- Effects of the recording, to the prejudice of third parties
The documents registered only produce legal effect in the prejudice of third parties from the date of their registration, without being able to revalidarlos other, earlier or later, not registered.
Matches:
C. C. art. 140 inc. 4, 219, inc. 6;
C. C. art. 24
Article 27.- Preferential protection of the goods of the wife of the merchant
The scriptures endowment and relating to property parafernales of the wife of the merchant, not recorded in the Commercial Register, shall not have the right of precedence over other claims.
Exceptúanse the immovable property and real rights registered in favour of the woman in the Registry of the property, prior to the birth of the competing claims.
Article 28.- Registration of property of the wife of the merchant
If the trader omits to do in the Registry for the registration of the property endowment or parafernales of his wife, shall ask for it by itself or can do so by her parents, brothers or uncles of the flesh, as well as those who have held the position of keeper of the person concerned, or that constitute or have constituted the dowry.
Article 29.- Effect of powers not registered
The powers not registered will produce action between the principal and the agent; but may not be used to the detriment of a third party, who may, however, be founded on them as soon as they are favorable.
Matches:
C. C. art. 2036;
C. C. art. 21 inc. 6;
Reg. Regis. Merc. art. 18.
Article 30.- Public character of the Mercantile Registry
The Commercial Register will be public. The Registrar shall provide to those who ask for it, the news relating to what appears in the sign-up sheet for each trader, company, or ship. Also issued testimony verbatim all or part of the above-mentioned sheet, to anyone who asks in the signed request.
Matches:
C. C. art. 2012
Article 31.- Custody of the copies of the daily exchange rate
The Registrar shall have the custody, where any Stock exchange, copies of the daily exchange rate of the effects that will be negotiated, and the changes that are engaged in it.
These individuals will serve as a matrix for all cases of investigation, and verification of changes and quotes on specific dates.
Matches:
R. I. art. 161.
Article 32.- Appointment of Registrar
The office of the Registrar will be provided by the Government.
Matches:
A. Regis. Pub. art. 49 and ss.
THE BOOKS AND THE ACCOUNTS OF THE TRADE
Article 33.-
Traders will necessarily lead:
1) A book of inventories and balances.
2) A book journal.
3) A ledger.
4) A trade copier or copiers letters and telegrams.
5) The books that ordered the special laws.
Societies and companies will be a book or record book, in which shall be recorded all agreements relating to the operation and corporate operations, taken by the general meetings and boards of directors.(*)
Article 34.- Books optional
May be carried in addition to the books they deem appropriate, according to the accounting system to adopt.
These books will not be subject to the provisions of article 36, but may legalize that we consider to be appropriate.
Matches:
D. Lgs. 190, art. 35 (12/06/81);
D. S. 245-81-EFC
(Reg) art. 85, 86, 87, 88, 89,90 (04/11/81),
C. C. art. 36.
Article 35.- Traders will be able to carry the books by themselves, or by persons who are authorized to do so.
If the merchant does not take the books yourself, it will be presumed to have granted the authorization to take, in the absence of proof to the contrary.(*)
(*) Article amended by the Article 1 of Law No. 13253published on 12-09-59, the text of which is as follows:
Article 35.- Help accounting
"Traders should take their books with the intervention of accountants, graduates, public or commercial."
Article 36.- Formalities of the books of accounting
Will the merchants of the books referred to in article 33, bound, lined and leafy, the judge of the 1st instance of the province where they would have their mercantile establishment, to put in the first folio of each one, signed note of which came the book.
Be stamped in all the leaves of each book, the seal of the court authorizing.(*)
(*) Article repealed by the Second Final Provision of the Decree Law No. 26002published on 27-12-92.
Article 37.- Content of the book of inventories and balances
The book of inventories and balances, will start with the inventory that should form the merchant at the time of the beginning of its operations, and shall contain:
1) The exact relationship of the money, securities, credits, effects, collection, movable and immovable properties, goods, and effects of all kinds, appreciated at its real value, and which constitute its assets.
2) The exact relationship of the debt and all kinds of outstanding obligations, if any, and form the passive.
3) Determine in its case, the exact difference between the active and the passive, that will be the capital with that starts their operations.
The trader will be in addition to annual and extended in the same book, the general balance of its business, with the details expressed in this article, and in accordance with the seats of the journal, without reservation or omission whatsoever, under its signature and responsibility.
Matches:
L. G. S. art. 250 ff.
Article 38.- Content of the book journal
In the journal will settle for the first game in the results of the inventory referred to in the previous article, divided into one or more accounts in a row, according to the system of accounting is adopted.
Will continue after a day-by-day all of its operations, expressing every seat in the charge and discharge of the respective accounts.
When the transactions are numerous, whatever their importance, or when they have taken place outside of the home, may be recorded on a seat only those that relate to each account and have been verified in each day; but, saving in the expression of them, when you itemize, the same order in which they have been verified.
Note also, on the date on which the remove box, the amounts that the trader goes to their household expenses, and you will be taken to a special account that the attempt will be opened in the ledger.
Article 39.- Content of the book more
Accounts with each object or person in particular, will be opened also by debit and credit in the ledger; and to each of these accounts will be transferred, by order of rigorous dates, the seating in the journal relating to them.
Article 40.- Content of the book of acts
In the book of acts that will lead society, shall be allocated to the letter agreements made on their boards or administrators; expressing the date of each, the attendees of them, the votes cast and everything else that leads to the exact knowledge of what was agreed to; be authorized with the signature of the managers, directors or managers who are in charge of the management of the company, or determined by the statutes or regulations by which it is governed.
Matches:
C. C. art. 33 (last. part);
L. G. S. arts. 140, 168.
Article 41.- Content of the book trade copier
The book copier is moved, either by hand or using a mechanical means to either, in full and on, by order of dates, including the antefirma and signature, all of the cards that the merchant write about your traffic, and the offices telegraphic issue.
Matches:
C. C. art. 42;
L. G. S. art. 23.
Article 42.- Conservation of commercial correspondence
Keep the traders carefully, in bundles and sorted, the cards, and shipping telegraph that they receive regarding their negotiations.
Matches:
C. C. art. 41.
Article 43.- The form of the books
The merchants, in addition to meeting and fill out the conditions and formalities prescribed in this section, you must bring your books with clarity, by order of dates, without white, tweens, scrapes, or amendments thereto, and without signs of having been altered by replacing or tearing off the sheets or in any other way.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this title"for"this section".
Matches:
C. C. arts. 34 and ss.
Article 44.- Correction of errors or omissions in the books
Merchants save then immediately warn, errors, or omissions in that incurrieren to write in the books, explaining with clarity in what it consisted of, and extending the concept as it should have been stamped.
If it has taken some time since that the thing is made or from which it is made the default, make the appropriate seat of correction, to be added to the margin of the seat wrong a note stating that the correction.
Article 45.- Reservation of books of accounts
Not be able to do research, ex officio, a judge or tribunal or any authority, to inquire if the merchants carry their books in accordance with the provisions of this Code, or do research or comprehensive review of the accounting offices or desks of traders.
Matches:
Const. 1993 art. 2 inc. 10;
C. P. C. art. 260.
Article 46.- Except for the reservation
Also may be triggered at the instance of a party to the communication, delivery or general recognition of the books, correspondence and other documents of the merchants; except in the case of liquidation, universal succession or bankruptcy.
Matches:
Const. 1993 art. 2 inc. 10;
C. P. C. art. 260.
Article 47.- Display of the books and business documents
Outside of the cases established in the preceding article, may be imposed only pursuant to the exhibition of the books and documents of the merchants, at the request of a party or ex officio, when the person to whom they belong has an interest or responsibility in the matter in which the display.
The recognition will take place on the desktop of the trader to his presence or that of the person that commission, and shall be made exclusively to the points that have a relationship with the question ventilate, these being the only ones that will be checked.
Matches:
Const. 1993 art. 2 inc. 10;
C. P. C. art. 260;
L. O. M. P. art. 6
Article 48.- Rules for grading the strength of evidence of the books
For grading the strength of evidence of the books of the merchants, observe the following rules:
1) The books of the merchants tested against them, without admitirles proof to the contrary; but the opponent will not be able to accept the seats that are favorable and dispose you to cause harm, but that, having accepted this way of proof, shall be subject to the result, that shed a whole, taking into equal consideration the seats relative to the matter under observation.
2) If in the seats of the books carried by two traders has not conformity, and the one you have carried with all the formalities expressed in this section, and the other adolecieren of any defect or carecieren of the requirements of this Code, the entries in the books in the rule will be faith against the bad, to not demonstrated otherwise by means of other evidence admissible in law.
3) If one of the merchants does not submit its books, or manifestare not have them, they will testify against him, those of his opponent, and carried with all the legal formalities, not to demonstrate that the lack of such books upstream of force majeure; except always test against the seats exhibited by other means admissible in trial.
4) If books of the merchants, they would have all legal requirements and are contradictory, the judge or court shall judge the other probanzas, as according to the general rules of law.
Matches:
C. P. C. arts. 197, 198, 199, 238, 246, 247, 249, 250.
Article 49.- Conservation of books and business correspondence
The dealers and their heirs or successors, shall retain the books, telegrams, and correspondence of money in general, for all the time that it lasts, and up to five years after the settlement of business and all its dependencies commercial.
The documents concerning especially to acts or negotiations in particular, may be rendered useless or destroyed, past the limitation period of the actions arising from them; unless there is pending any issue that concerns them directly or indirectly, in which case it shall be kept until the termination of the same.
Matches:
C. C. arts. 41, 42.
GENERAL PROVISIONS ON CONTRACTS FOR THE TRADE
Article 50.- Legal regime of commercial contracts
The commercial contracts, in everything relating to their requirements, modifications, exceptions, interpretation and extinction, and capacity of the contracting parties, shall be governed in all that is not expressly provided for in this Code or in special laws, by the general rules of the common law.
Matches:
C. C. arts. IX T. P.; arts. 140 et seq., 1351 et seq.;
C. C. arts. 237 and ss, 275, and ss, 315, and ss, 342, 343, 344 et seq., 375 et seq., 557 et seq., 563 et seq., 665 et seq., 732, and ss;
L. G. S. art.1 and ss.
Article 51.- Effectiveness and testing of commercial contracts
Will be valid and will produce obligation and action, in the judgment of the commercial contracts, whatever the form and the language in which they are held, the class to which they apply, and the amount that have the purpose, provided that proof of its existence by some of the media that the civil law has established. However, the statement of witnesses will not by itself enough to prove the existence of a contract with a value exceeding two hundred suns, not to compete with any other test.
The cable correspondence shall only obligation between the contracting parties that have accepted this environment in advance and in written contract, and provided that the cables meet the conditions or the use of conventional signs that have previously established the contracting parties, if they have agreed.
Matches:
C. C. art. 143, 1352, 1374;
C. P. C. 222 and ss;
C. C. arts. 41, 42, 52, 349, 377;
L. G. S. art. 23.
Article 52.- Exceptions to the efficacy of commercial contracts
There shall be exempt from the provisions of the article that precedes it:
(1) contracts that, pursuant to this Code or in special laws, need to be reduced to writing or required by forms or solemnities which are necessary for its effectiveness.
2) contracts entered into in a foreign country in which the law requires scriptures, shape, or feasts specific to their validity, although not required by peruvian law.
In either case, the contracts that do not meet the circumstances respectively required, will not result in any obligation or action in court.
Matches:
C. C. art. 143, 144, 140, inc. 4, 1352;
L. G. S. art. 4.
Article 53.- Ineffectiveness of the conventions illegal
The conventions illicit produce no liability or action, although to be passed on to trading.
Matches:
Const. 1993, art. 2 inc. 14;
C. C. art. V T. P. art. 219 inc. 8.
Article 54.- Contracts between absent
The contracts concluded by correspondence, shall be perfected since the answer accepting the proposal or the conditions with which it is modified.
Matches:
C. C. arts. 1373, 1374, 1375, 1376.
Article 55.- Contracts with the intervention of a broker or agent
Contracts involving an agent or broker, will be perfected when the contracting parties have accepted his proposal.
Matches:
C. C. art. 1373
Article 56.- Contracts with penalty clause
In the commercial contract, in that it is secure worth of damages against those who do not comply, the aggrieved party may demand performance of the contract by means of law or prescribed penalty; but, by using one of these two actions, shall be extinguished another, not to mediate an agreement to the contrary.
Matches:
C. C. art. 1341 et seq.
Article 57.- Principle of good faith
The trade agreements are executed and shall fulfill in good faith, according to the terms in which they are made and edited, without misrepresenting with arbitrary interpretations the meaning straight, proper, and as usual the words said or written, not restrict the effects of naturally arising out of the manner in which the contracting parties have explained their willingness and contracted obligations.
Matches:
C. C. arts. 168, 169, 170, 1361, 1362.
Article 58.- Supletoriedad evidence of the books of the merchants
If there are any discrepancies between the copies of a contract submitted by the contracting parties, and in its celebration has intervened agent or broker, it will be that resulting from the books of these, provided that they are arranged at right.
Matches:
C. C. art. 1361
Article 59.- Principle of doubt in favor of the debtor (indubio pro debitoris)
If originaren questions that cannot be resolved pursuant to the provisions of article 2 of this Code, shall decide the question in favour of the debtor.
Article 60.- Calculation of time limits
In all the computations of days, months, and years, you will understand: the day of twenty-four hours; the months are designated in the gregorian calendar; the year of three hundred and sixty five days.
Exceptúanse bills of exchange, promissory notes and loans, for which it will be special to them under the Code.
Matches:
C. C. arts. 183, 184;
Law T. V. arts. 63, 89 and ff.
Article 61.- Grace periods
Will not be recognized on terms of grace, courtesy, or other, which under any denomination, to defer the compliance of business obligations; but the parties have set forth in the contract, or apoyaren in a strict right.
Matches:
C. C. art. 178 ff.
Article 62.- Enforceability of the obligations without time limit
The obligations that do not have the term fixed by the parties or by the provisions of this Code, shall be due ten days after contracted, if only produjeren ordinary share, and the day immediately if you wear it enforceable.
Article 63.- Constitution in mora
The effects of the delays in the fulfillment of business obligations, they will begin:
1) In contracts that were appointed day for the compliance, by the will of the parties or by operation of law, on the day following its maturity.
2) In those who have not, from the day on which the creditor mention in court to the debtor or intimare the protest of damages made against him before a judge or notary public.
Matches:
C. C. art. 1333 and ss.
OF THE PLACES AND HOUSES OF HIRING COMMERCIAL (*)
(*) Section Vderogada by the Article 10 of the Decree Law No. 18353published on 05-08-70.
SECTION VI
OF THE MEDIATORS OF THE TRADE AND OF THEIR RESPECTIVE OBLIGATIONS (*)
(*) Section VIderogada by the Article 10 of the Decree Law No. 18353published on 05-08-70.
THE REMATADORES OR MARTILLEROS
Article 116.- Requirements to be an auctioneer
To be auctioneer is required:
1 male, peruvian or foreign domiciled.(*).
(*) Paragraph amended by the Article one of the Decree-Law No. 18948published on 08-09-1971, the text of which is as follows:
"1) Be a peruvian citizen who is domiciled."
2) Have the ability to trade.
3) to Prove good conduct and known probity, by means of a judicial information of three merchants enrolled.
4) set deposit in the amount, manner and place determined by the respective regulations.
5 to Obtain the corresponding title of the Ministry of Finance and Trade.(*).
(*) Paragraph amended by the Article one of the Decree-Law No. 18948published on 08-09-1971, the text of which is as follows:
"5) to Obtain the title of the Ministry to which corresponds the Trade Sector."(*)
Matches:
R. S. 28/5/14 (Regulation of martilleros);
R. S. 188-H (Log martilleros)(1/3/66);
R. M. 196-77-CO/CI (5/4/77) (Sanctions);
R. S. 072-84-EFC/10 (1-10-84) (Warranties martilleros);
D. L. 18948.
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 117.- Notice of trustee's sale
The rematadores be announced in advance to the conditions of the auction and the species that are on sale, with designation of the day and time that is required to be made.(*)
Matches:
R. S. 28/5/14 (Regulation of martilleros) arts. 4 to 14;
C. P. C. art. 728 ff.
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 118.- Explanation of the character of the goods
The bidder must explain with accuracy grades and measures of species on sale.(*)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
To article 119.- Character express the position or bid
No bidder will be able to support posture by a sign or to announce bid, without which the highest bidder the expressed word.(*)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 120.- Procurement of goods and suspension of the auction
Sales in the hammer shall not be suspended, and the species will be awarded permanently to the highest bidder, regardless of the price offered.
However, it may be the auctioneer to suspend and postpone the auction sale, if having set a minimum for the positions, not any bidders by the minimum.(*)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 121.- Books required for the houses of the auction or auctioneer
In each auction house or auctioneer, will be critically three books:
1) Journal entries, in which shall be recorded in order of dates, without collations, amendments, or scraping, the goods or effects that you will receive; indicating the quantities, lumps, or weight, their brands and their signs, the people who have received, for the account of whom must be sold, if it will be in or out of warranty, and the other conditions of the sale.
2) Journal of the outputs, in which mention shall be made, day-to-day sales, by whom and to whom, price and conditions of payment, and other specifications seem necessary.
3) a Book of accounts, as between the auctioneer and each of the principals.(*)
Matches:
R. S. 28/5/14 (Regulation of martilleros) arts. 18;
D. S. 045-69-HC 2/4/69 (Daily martilleros)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 122.- Obligations subsequent to the auction
Made the auction, the auctioneer shall deliver to the purchaser, and in the third day, an account of signed items sold, price, and other circumstances; and within eight days from the auction, shall make payment of the balance of fluid that would be against him.(*)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
Article 123.- Prohibition of auction to credit or installment
The rematadores in no case will be able to sell on credit or in installments, without written authorization of the purchaser.(*)
(*) Article repealed by the First Final Provision of the Law N° 27728published on 24-05-2002.
BOOK SECOND
OF SPECIAL CONTRACTS OF COMMERCE
SECTION FIRST
COMPANIES COMMERCIAL
TITLE I.
OF THE CONSTITUTION OF THE COMPANIES AND THEIR CLASSES (*)
(*) Title I, which is repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 124.- The contract of the company, by which two or more people agree to fund common property, industry, or any of these things for profit, will be commercial, whatever their class, always has been constituted under the provisions of this Code.
Once constituted the company, shall have legal personality in all its acts and contracts.
Article 125.- The contract of the company held with the essential requirements of law, shall be valid and binding between those who celebrate, whatever the form, conditions and combinations lawful and honest with what it constitute, provided that they are not expressly prohibited in this Code.
Article 126.- Will be equally valid and effective contracts between merchant companies and any people able to be bound, provided that they are lawful and honest and aparecieren met the requirements as stated in the following article.
Article 127.- All trade company, before beginning their operations, shall make its constitution, covenants and conditions, in a public deed which shall be presented for Registration in the commercial register, in accordance with the provisions of article 17.
To the same formalities shall be dealt with under the provisions of article 25, the additional scriptures which in any way modify or alter the contract primitive of the company.
Partners may not make pacts reserved, but that all must be included in the company's articles of incorporation.
Article 128.- The persons responsible for the management of social contravinieren to the provisions of the preceding article, shall be jointly and severally liable to the strange people to the company with whom they have contracted in the name of the same.
Article 129.- Merchant companies are governed by the terms and conditions of their contracts, and in as much as in them it is not determined and prescribed by the provisions of this Code.
Article 130.- As a general rule, merchant companies will be adopting any of the following ways:
1st. The collective, in which all partners in the name of collective and under a social reason, undertake to participate, in the proportion that they establish the same rights and obligations.
2nd. The company, in one or several subjects contribute capital by determining the common fund, to be the result of company transactions exclusively managed by others with collective name.
3rd. The anonymous, in that forming the common fund partners by parts or portions certain, made by action or otherwise indubitada, in charge of its management representatives or administrators of the movable-type representing the company under a name appropriate to the object or company to allocate their funds.
Article 131.- By the nature of their operations may be merchant companies:
Credit societies.
Banks of issue and discount.
Credit card companies territorial.
Companies of mines.
Banks farm.
Dealerships railways, trams and public works.
From general deposit warehouses.
And other species, provided that their agreements are lawful, and his order to the industry or trade.
Article 132.- Companies mutual fire insurance, combinations tontinas about life to aid old age, and of any other class, and production cooperatives, credit or consumer, are only deemed to be commercial, and shall be subject to the provisions of this Code, when dedicaren to acts of commerce strangers to the mutuality, or turn in companies to fixed premium.(*)
(*) Title I, which is repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
TITLE II.
Companies collective (*)
(*) Title II repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 133.- The company's articles of incorporation of the company collective must state:
The name, surname and address of the partners.
The reason social social(*) NOTE SPIJ.
The name and surname of the partners who are entrusted with the management of the company and the use of the corporate signature.
The capital that each partner's contribution in cash, credits, or effects, with expression of the value that is given to them or the basis on which it has made to the appraisal.
The duration of the company.
The amounts are allocated to each partner manager annually for their particular expenses.
You can also record in writing all other covenants lawful and special conditions that the partners wish to set.
Article 134.- The company's collective will rotate under the name of all its members, any of them, or of one only, being necessary to add, in these last two cases, the name or names to be expressed, the words"and company".
This collective name will be the reason or corporate signature, which may not include, never the name of the person that is not a member of the company.
Those who, not belonging to the company, include your name on the social reason, will be subject to joint and several liability, without prejudice to the criminal if she has any.
Article 135.- All of the partners forming the company collective, whether or not managers of the same, shall be obligated personally jointly and severally liable with all its assets, the result of the operations that are made on behalf and for the account of the company; under the signature of this person authorized to use it.
Article 136.- The partners are not authorized properly to use the corporate signature, do not bind with their acts and contracts to the company, although the running to name and under your signature.
The responsibility of such acts in the order of civil or criminal, shall lie exclusively with the authors.
Article 137.- If the directors of the companies collective has not been limited by a special act to any of the partners, all shall have the right to attend the leadership and management of the common business, and the members present shall agree to any contract or obligation of interest to the society.
Article 138.- Against the will of some of the directors that expressly to manifest it, you must not contract any new obligation; but if, however, the pre-contract, will not be void for this reason, and shall become effective, without prejudice to the fact that the partner or partners in the contrajeren respond to the social mass of the brokenness that give rise to.
Article 139.- Having partners specifically responsible for the administration, others will not be able to oppose or hinder the efforts of those or prevent their effects.
Article 140.- When the faculty unique to administer and use of the signature of the company has been conferred on the express condition of the social contract, not be deprived of it that he got it; but if it is I'm going to use bad of the faculty, and its management should prove prejudice to manifest to the common ground, will the rest of the members to appoint, from among them, a co-manager who is involved in all the operations, or promote the termination of the contract before the Judge or Court of competent jurisdiction, that shall declare it, if it is proven that prejudice.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910, deleted the word"or tribunal", in the present article.
Article 141.- Companies to collective all of the partners to manage or not, shall have the right to examine the state of the administration and accounting, and to do, according to the covenants contained in the deed of the partnership or the general provisions of law, the claims that believes suitable to the common interest.
Article 142.- The negotiations made by the partners in his own name and with their particular funds, shall not extend to the company or shall constitute a liability, being of the class of those which the partners are able to do lawfully for its account and risk.
Article 143.- May not be the partners to apply the funds of the company, nor to use the corporate signature business for its own account; and in the case of doing so, they will lose the benefit of the company the portion of profits that, in the operation or operations that were made in this manner, may correspond to, and may lead to the termination of the social contract, in regard to them, without prejudice to the refund of the funds which have made use, and to indemnify in addition to the company for all damages and losses that would have followed.
Article 144.- In collective societies that do not have gender-commerce determined in the company's articles of incorporation, may not be the individuals making operations for its own account without that precedes consent of the society, which could not deny it, not show that it is a prejudice and collective manifesto.
Members who violate this provision, will contribute to the common pool on the benefit to them is the result of these operations, and will suffer individually the losses if any.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"benefit"with"benefit".
Article 145.- If the company has determined in its contract of constitution, the gender of commerce of the deal, the partners will be able to do lawfully by your account every business transaction that suits them, so that does not belong to the kind of business that is dedicated to the company that they are partners unless special covenant to the contrary.
Article 146.- The industrial partner cannot engage in negotiations of any kind, except where the company will permit expressly; and in the case of sending, will be at the discretion of the equity partners exclude you from the company, sadden depriving you of the benefits that apply to you in it, or to take advantage of that obtained in violation of this provision.
Article 147.- In companies, collective or limited partnership, no partner shall be able to separate or distract from the common pool more than to be appointed to each one for their particular costs, and if so, you may be compelled to surrender, as if he had not completed the portion of the capital that required him to put in the society.
Article 148.- Not having been found in the contract of the company the share of each partner in the profits, should be divided between them in proportion to the portion of interest of each shareholder in the company, will be featured in the distribution industry partners, if any, in the class of the equity partner of the lowest participation.
Article 149.- The losses shall be allocated in the same proportion between the partners capitalists, without understanding the industrial, unless by express written agreement have been they constituted a share in them.
Article 150.- The company shall pay to the partners of the expenses that made them, and compensate them for the damages that experimentaren, on the occasion of immediate and direct business that shall put to their charge; but shall not be obligated to pay compensation for the damage that the partners experimentaren your fault, act of god or other cause independent of the business, while they have been busy in discharge their duties.
Article 151.- Any partner may convey to another person, the interest in the company, or substitute in his place to carry out the trades that he would touch in the social administration, without that precedes the consent of the partners.
Article 152.- The damage that arises to the interests of the company by malice, abuse of authority or gross negligence of one of the partners will constitute cause in the obligation of indeminzarlo, if the other partners so require, provided that it can not be induced in any act for approval or ratification express or virtual of the fact that merges the claim.(*)
(*) Title II repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
TITLE III
OF COMPANIES LIMITED (*)
(*) Title III repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 153.- In the company's articles of incorporation of the company in the limited partnership shall contain the same circumstances that in the collective.
Article 154.- The company limited will rotate under the name of all the partners, any of them, or of one only, and must add in these last two cases, the name or names to be expressed, the words"and company"and all of"limited partnership". (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"any"with"some".
Article 155.- This collective name will be the name, in the that you may never include the names of the limited partners.
If any commissioner to include your name or consintiese their inclusion in the social reason, shall be subject, in respect of strangers to the company, the same responsibilities as managers, without acquiring more rights than those corresponding to its quality limited.
Article 156.- All partners, whether or not managers of the company limited, will be obligated personally jointly and severally liable to the result of the operations of this in their own terms and with the same extension as that of the collective, according to article 135.
Also have the same rights and obligations with respect to the company's partners collective, are prescribed in the previous section.
The liability of the limited partners for the obligations and losses of the company, shall be limited to the funds that are set or obligaren to put in the limited partnership, except in the case provided for in article 155.
The limited partners shall not do any act of administration of the interests of the company, or even in the quality of guardians of the partner operators. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"the earlier section"with"the previous heading".
Article 157.- Will be applicable to the members of companies limited to the provisions of article 152.
Article 158.- The limited partners will not be able to inspect the state and condition of the social administration, but at the times and under the forms that are prescribed in the contract of incorporation or additional.
If the contract does not contain such a limitation, they shall necessarily to the limited partners, the balance of the society to the end of the year, putting them manifest, during a period of not lower than fifteen days, the records and documents required to verify this and to judge of the operations.(*)
(*) Title III repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
TITLE IV.
Companies anonymous (*)
(*) Title IV, repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 159.- In the company's articles of incorporation of the company's anonymous must be stated:
The name, surname and domicile of the parties hereto.
The name of the company.
The designation of the person or persons who will exercise the administration, and mode of providing vacancies.
The share capital with the expression of the value that has been given to the contributed assets that are not cash or bases according to which to be made to the appraisal.
The number of shares into which the share capital is divided and represented.
The period or periods in which will be made part of the capital not paid up at the establishment of the company, expressing in another case, who are hereby authorised to determine the time and mode in which they have met the dividend liabilities.
The duration of the company.
The operations to be allocated capital.
The terms and forms of convening and holding the general meetings of members, and the cases and the manner of convening and holding the extraordinary.
The submission to the vote of the majority of the board of members, duly convened and constituted, in the matters of their deliberation.
The mode of counting and forming the most, so at the regular meetings as well as in the extraordinary, to make binding agreement.
We may also disclose in writing all of the covenants lawful and special conditions that the partners deem it advisable to establish.
Article 160.- The name of the company, anonymous will be adequate to the object or objects of speculation, which he hath chosen.
May adopt a name identical to that of another company's pre-existing.
Article 161.- The liability of the members in the anonymous company for the obligations and losses of the same, shall be limited to the funds that were or are committed to putting in the common ground.
Article 162.- The social mass composed of the capital fund and the benefits accrued, shall be responsible, in companies anonymous, of the obligations, in its management and administration, by the person lawfully authorized, in the manner prescribed in his writing, statutes or regulations.
Article 163.- The administrators of the anonymous company shall be appointed by the partners in the manner to determine if company's articles of incorporation, bylaws or regulations.
Article 164.- The administrators of the companies anonymous are their representatives, and, while observing the rules of the mandate shall not be subject to personal liability or solidarity, by the operations of social and if, for any violation of the laws and statutes of the company, or by the violation of the agreements of their rightful to general meetings, irrogaren damages, and there are several managers, each of them will respond to porrata.
Article 165.- Companies to anonymous will be required to publish on a monthly basis, at a daily newspaper, the detailed balance of its operations, expressing the type to calculate stock values and all kinds of effects cotizables.(*)
(*) End as modified by the Sole article of Law N° 6500published on 25 February 1929, the text of which is as follows:
"The banking institutions, credit companies, insurance companies, carriers, public works , companies collecting or administrators of fiscal funds, municipal, or ·institucfones public, and any other of a similar nature to those expressed, are required to publish monthly the balance of their operacioúes.
"The other companies companies, whose shares are traded on the Stock exchange, they will publish its annual balance sheet immediately after its approval, or each time you remember the payment of an interim dividend on such shares. The publication will be made in accordance with the penalties and provisions issued by the Executive branch and in the newspaper designated by that.«
Article 166.- The partners and shareholders of companies anonymous not be able to browse the social administration, nor make any inquiry about it, but at the times and in the manner prescribed in its constitution and by-laws.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"the partners and shareholders,"with"the partners or shareholders".
(*) Title IV, repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
TITLE V
Of the shares. (*)
(*) Title V repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 167.- The social capital of companies limited, belonging to the limited partners and the companies anonymous may be represented by shares of stock or other securities equivalent.
Article 168.- The shares may be registered or bearer.
Article 169.- The registered shares shall be recorded in a book that will take effect the company, in which shall be recorded in their successive transfers.
Article 170.- The bearer shares shall be numbered and shall be drawn in the receipt books.
Article 171.- In the titles of all actions, whether nominative or bearer will be always the sum of capital that may have been disbursed to the account of the nominal value, or that they are fully released.
In the registered shares, while you were not satisfied with your total amount, will be responsible for the part not paid, jointly and severally, and at the discretion of the managers of the companies, the first subscriber or holder of the action, its assignee, and each of the latter happen, if they were transmitted; against whose liability so determined, cannot be established covenant imply that the deletion.
Brought the action to make it effective against any of those listed in the paragraph above, you may not attempted new action against another of the forks or licensors of the shares, but by proof of the insolvency of the first, or before, has been the subject of the proceedings.
When the actions are not released are to the carrier will be liable only for the payment of their dividends to be displayed as holders of the same actions. If you do not compareciesen, making impossible any personal claims, the companies may agree to the cancellation of the titles that correspond to the actions that have been left to satisfy the dividends that are required for the full payment of the value of each. In this case the companies have the power to issue certificates duplicates of the same actions, to alienate it at the expense of the holders delinquent of the void.
All actions will be registered until the disbursement of the 50 per 100 of par value. After disbursed this 50 per 100, may be converted into bearer shares, if so agreed upon by the companies in their statutes, or for special events subsequent to the same.
Article 172.- May not be issued a new series of actions while it has made the total outlay of the series or series issued previously. Any agreement to the contrary, contained in the deed of constitution of society, in the statutes or regulations, or any agreement taken at a general meeting of partners, which is opposed to this provision, shall be null and void and of no value.
Article 173.- Companies anonymous may only purchase its own shares with the benefits of social capital for the only effect of amortize.
In the case of a reduction of the share capital, as appropriate, under the provisions of this Code, you will be able to amortize also part of the same capital, to employ the effect the legal means they deem appropriate.
Article 174.- Companies anonymous will not be able to provide ever with the guarantee of their own actions.
Article 175.- Corporations, assembled in general meeting of shareholders previously called for such purpose, shall have the power to agree to the reduction or the increase of the share capital.
In no case will be able to take these agreements in the regular meetings, whether at the request or with due notice had not been announced that they would discuss and vote on the increase or reduction of capital.
The statutes of each company will determine the number of partners and involvement of capital that will be attending the meetings in which to reduce or increase, or in the case of the modification or dissolution of the company.
In no case shall it be less than two-thirds of the number of the first and two-thirds of the nominal value of the second.
Administrators will be able to meet since then the reduction agreement made legally by the general meeting, if the capital cash remaining, after made, exceeds 75 for 100 of the amount of the debts and obligations of the company.
In another case, the reduction shall not take effect until they are settled and paid all the debts and obligations outstanding on the date of the agreement, unless the company obtains the prior consent of their creditors.
For the implementation of this article, the directors shall submit to the court an inventory in which you will appreciate portfolio securities at the average contribution of the last quarter, and the real estate by the capitalisation of its products according to the legal interest of money. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 176.- Will not be subject to retaliation in the event of war the funds of the membership of the foreign existieren in corporations.(*)
(*) Title V repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
TITLE VI.
Rights and obligations of the partners. (*)
(*) Title VI repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 177.- If within the agreed period of time by any member not aportare to the common ground the portion of capital which is already bound, the company may choose between to proceed promptly handle against their property to enforce the portion of the capital that has ceased to deliver, or to terminate the contract in terms of the socio loiterer, retaining the amounts that correspond to it in the social mass.
Article 178.- The member who for any cause, delays the delivery of your total capital, on the expiry of the term set forth in the partnership agreement, or in the case of not having a fixed, since the establishment of the box, to be paid into the common ground of the legal interest of the money that has not delivered in due time and the amount of the damages that you suffered with your payment.
Article 179.- When the capital or a part thereof which a partner has to contribute, consisting of effects, it will make its valuation in the way prevented in the partnership agreement; and, in the absence of special covenant on it, will be made by experts chosen by both parties, and according to the prices of the plaza, running his increases or decreases further for the account of the company.
In case of divergence between the experts, appoint a third party, to the fate, between two persons proposed by the stakeholders that are listed as major contributors in the town, to resolve the discord.
Article 180.- The managers or administrators of merchant companies will not be able to deny members the examination of all the documents in proof of the balance sheets that are formed to express the state of social administration, except as prescribed in articles 158 and 166.
Article 181.- The creditors of a partner shall not, with respect to the company, even in the case of bankruptcy of the same, the other right than to seize and see what benefits or settlement could correspond to the partner debtor.
The provisions at the end of the previous paragraph shall not apply to companies incorporated by actions, but when they are registered, or when constare certainly its rightful owner, if they are to the wearer.(*)
(*) Title VI repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
OF THE SPECIAL RULES OF THE COMPANIES CREDIT
Article 182.- Types of operations
Correspond mainly to the nature of these companies, the following operations:
1) Subscribe to or to contract borrowings, with the Government, corporations, departmental or provincial.
2) to Acquire public funds and shares of stock or obligations of any class of industrial companies or credit card companies.
3) Create companies of railways, canals, factories, mines, docks, general deposit warehouses, street lighting, land clearing and ploughing, irrigation, drains and any other industries in the public interest.
4) Practice the merger or transformation of all kinds of companies, and to take care of the issue of shares or obligations of the same.
5) to Manage, and lease all kinds of contributions and public services, and run on its own, or lease, with the approval of the Government, the contracts entered into to effect.
6) Sell or to give warranty for all the actions, obligations, and values acquired by the society, and to change them when it is judged suitable.
7) Deliver on public bills, actions or obligations, genres, fruits, crops, farms, factories, ships and their cargoes, and other values, and the opening credits in the current account, receive warranty effects of the same class.
8) Make for the account of other companies or persons any kind of fees or payment, and execute any other operation for the account of others.
9) to Receive on deposit any class of securities in paper and metal, and carry current accounts with any corporations, companies or persons.
10) Rotate, and discount bills or other documents of change.
Article 183.- Issuance of obligations and their characters
Credit card companies may issue bonds in an amount equal to that which they have employed and it is represented by securities in the portfolio, subject to what is prescribed in the section on the commercial Registry.
These obligations shall be either registered or bearer, and for a fixed term that does not lose in any case, of thirty days; with the depreciation, if any, and interest to be determined.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"title"and"section".
Matches:
L. G. S. 226 ff.
BANKS OF ISSUE AND DISCOUNT
Article 184.- Types of operations
Correspond mainly to the nature of these companies, the following operations: Discounts, deposits, current accounts, payments, loans, money orders, and contracts with the Government or public corporations.
Article 185.- Lace banking
Banks will retain in cash, in their boxes, the fourth part, at least, of the amount of its obligations with the public.(*)
(*) End replaced by the Sole article of Law N° 6190published on 31 may 1928, the text of which is as follows:
« The Banks kept in cash in their boxes not less than 15% of their obligations to the public at the time they are due and payable within trreinta days and 6% of those who are after such time«.
Article 186.- Publication of the state bank
The Banks shall publish, on a monthly basis at least, and under the responsibility of its managers, in a daily newspaper of the town, the state of your situation.
Article 187.- Banks of issue
The Banks of issue, shall be governed by the laws authorizing its establishment.
COMPANIES OF RAILWAYS AND OTHER PUBLIC WORKS
Article 188.- Types of operations
Correspond mainly to the nature of these companies, the following operations:
1) The construction of the railways and other public works, of any kind whatsoever.
2) The exploitation of the same, either in perpetuity or for the term specified in the lease.
Matches:
D. Lgs. 102 (29/5/81) ENAFER.
Article 189.- Social Capital
The social capital of companies, attached to the grant, if any, will represent at least half of the amount of the total budget of the work.
Companies may not be constituted as not to have subscribed to all of the capital stock and 25 for 100 of the same.
Article 190.- Issuance of obligations and their characters
The railways and other public works, will be able to issue debentures to bearer or registered, freely and without any limitations other than those set forth in this Code, and to establish in their respective statutes.
These emissions are to be noted necessarily in the commercial Register of the department; and if the actions are mortgage, shall be recorded in addition to these emissions in the records of the property concerned.
The emissions of earlier date will have priority on the successive, for the payment of the coupon, and for the repayment of the obligations, if any.
Matches:
C. C. art. 191;
Law T. V. arts. 23 and ss; 29 and ss.
Article 191.- Repayment of the obligations
The obligations that the companies emitieren be, or not, redeemable, at his will, and in accordance with certain in their statutes.
Always concerned of railways or other public works that benefit grant from the State, or for which construction had preceded the grant of legislative or administrative; if the award was temporary, the obligations that the company used car dealership delivers, shall be cancelled or extinguished within the same grant, and the State will receive the work, at the end of this term, free and clear of all liens.
Matches:
C. C. art. 190, 194.
Article 192.- Transmission of rights and merger of companies
The railways and other public works will be able to sell, assign and transfer its rights in the respective companies, and can also blend with other similar.
For these transfers and mergers to take effect, you will need:
1) That the consent of the partners unanimously, unless the statutes had been established other rules to alter the social object.
2) consent To all creditors. This consent will not be required when purchasing or the merger is carried out without confusing the guarantees and mortgages, and keeping track of the creditors the integrity of their respective rights.
Matches:
C. C. art. 1206 ff;
L. G. S. art. 354 and ss;
C. C. art. 193.
Article 193.- Authorization for the transfer and merger of companies
For the transfer and merger of companies referred to in the preceding article, shall not be required authorization of the Government, even when the work has been declared of public utility for the purposes of the expropriation; to not be that the company will direct grant from the State, or had been granted by an act of law or other provision of government.
Matches:
C. C. art. 192.
Article 194.- The object of the executive in respect of coupons expired
The executive action regarding coupons expired the bonds issued by the railways and other public works, as well as the same obligations to accommodate the luck of the redemption, when available, may only be directed against the cash yields that get the company and against other assets that it possesses, not forming part of the road or of the work, or being required for operation.
Matches:
C. C. art. 191;
C. P. C. art. 688 ff.
Article 195.- Placement of funds in excess
The railways and other public works will provide the funds that they leave leftovers the construction, operation, and payment of credits to their respective maturities, the job you deem it advisable, and the tenor of his statutes.
The placement of these leftovers will be combining the deadlines, so that there are no in no case be neglected the construction, conservation, operation and payment of claims, under the responsibility of the administrators.
Article 196.- Warranties by the expiry of the concession
Declared the expiration of the lease, the creditors of the company will warranty:
1) yields liquids of the company.
2) if such yields are not bastaren, the liquid product of the works sold at public auction, for the remainder of the grant.
3) Any other goods that the company owns, if not formaren part of the way of the work, or are not required to move, or exploitation.
COMPANIES OF GENERAL STORES DEPOSIT
Article 197.- Types of operations
Correspond mainly to the nature of these companies, the following operations:
1) The deposit, keeping and preserving the fruits and goods entrusted to them.
2) The issue of their receipts payable to the bearer or to the bearer.
Matches:
C. C. art. 1853;
Law 2763 (Law on General Deposit warehouses);
D. S. 25(20/12/63) Regulation.
Article 198.- Negotiable character of the guards
The guards companies in the general stores of deposit issued by fruits and goods that support for his custody, shall be negotiable, it will be transferred by endorsement, assignment or other any title traslativo domain, according to whether they are named or to the bearer, and shall have the force and value of the knowledge of companies.
These safeguards be expressed necessarily the kind of goods, with the numbers or amount that each one represents.
Matches:
Law 2763 art. 12.
Article 199.- Rights of the holder of the guards
The holder of the guards will have full control on the effects deposited in the warehouses of the company, and shall be exempt from liability for claims directed against the depositor, the endorsers or previous holders, except if applicable to the transport, storage and conservation of the goods.
Article 200.- Rights of pledgee
The creditor who, having lawfully in garment a guard, shall not be paid on the day of expiration of your credit, may require the company to which disposes of the effects deposited in amount enough for the payment, and will take precedence over the other liabilities of the depositor, except as expressed in the previous article, which shall have priority.
Article 201.- Sales of goods deposited
The sales referred to in the preceding article shall be made in the deposit of the company, without the need of a court order in a public auction announced previously, and with the intervention of a broker, as a college, where there is one, and in default of a notary.
Article 202.- Responsibility for identity and conservation of goods
Companies, general deposit warehouses, will be in any case responsible for the identity and conservation of the effects deposited to the law of deposit paid.
COMPANIES OR BANKS CREDIT TERRITORIAL
Article 203.- Types of operations
Correspond mainly to the nature of these companies, the following operations:
1) to Pay in instalments on real estate.
2) the Issue of bonds and mortgage bonds.
Article 204.- Legal regime
These companies are subject to the laws of the January 2, 1889, 22, September, 1891, and September 5, 1892.
OF THE SPECIAL RULES FOR BANKS AND SOCIETIES AGRICULTURAL
Article 205.- Types of operations
Corresponds mainly to the nature of these companies:
1) Pay in cash or in kind, to a period not exceeding three years, on fruits, crops, cattle, or other garment or special warranty.
2) Guaranteed with their signature notes and effects enforceable to the maximum period of ninety days in order to facilitate your discount or negotiation to the owner or cultivator.
(3) The other operations designed to facilitate the clearance and improvement of the soil, drying and remediation of land and the development of agriculture and other industries related to it.
Matches:
Const. 1993 art. 88.
Article 206.- Agents and settlers
The bank or agricultural credit societies, they may have outside of their home agents who answer yes to the solvency of the owners or owners apply for the relief of the company, putting your signature on the promissory note that it has been deducted or endorse.
Matches:
Law T. V. art. 129 ff.
Article 207.- Personal guarantees
The guarantee or endorsement placed by these companies or their representatives, or by the agents referred to in the preceding article in the notes of the owner or the cultivator, will entitle the bearer to claim their direct payment, and executive, on the day of maturity, of any of the signatories.
Matches:
Law T. V. art. 129 ff, 69 and ff, 85 and ff.
Article 208.- Executive action arising from the promissory note
The notes of the owner, grower, and keep the company, whether they are traded for it, will produce at expiration, the executive action that is appropriate, against the property of the owner or the cultivator that have subscribed to.
Matches:
C. P. C. art. 688 ff.
Article 209.- Covenant of interest and fees
The interest and the commission that they perceive the companies of agricultural credit and its agents or representatives, shall be determined freely within the limits set by the constitution.
Article 210.- Limitations to the award of credit
Companies of agricultural credit will not be able to allocate to the operations referred to in numbers 2) and 3) of article 205, the more that the amount of fifty per cent of the share capital, by applying the fifty percent of the loans which is the number 1) of the same article.
Matches:
C. C. art. 205
THE TERM AND LIQUIDATION OF COMPANIES MERCANTILE (*)
(*) Title XIII repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 211.- There will be place to the partial cancellation of the contract of company collective or limited by any of the following reasons:
1 By using a member of the capitals of common and signature social businesses of their own.
2nd By ingested in administrative functions of the company the partner who is not competent to carry them out, according to the conditions of the contract of society.
3rd For committing fraud by any member administrator in the administration or accounting of the company.
4th For leave to put you in the common box of the capital that each one stipulated in the contract of society, after having been required to check it out.
5th By running a partner for your account trade transactions, which are not lawful, in accordance with the provisions of articles 144, 145 and 146.
6th By leave a partner who is obliged to provide trades and personal in the society, having been required to return and fulfill their duties, do not verificare or not it will credit a just cause, that temporarily prevented.
7th due to a lack of any other mode of one or several partners in the fulfillment of the obligations that were imposed in the contract company.
Article 212.- The partial cancellation of the company will produce the ineffectiveness of the agreement with respect to the partner guilty, they shall be deemed to be excluded from it, requiring the portion of loss that may be incurred, if any, and leaving authorized the company to retain without giving you a share in the profits or compensation whatsoever, the funds they have in the social mass, until they are completed and settled all outstanding transactions at the time of the termination.
Article 213.- While in the commercial Registry does not make the seat of the partial cancellation of the contract of partnership, will remain the responsibility of the member excluded, as well as the company, for all acts and duties to be practised, in the name and on account of this, with any third parties.
Article 214.- The companies, of whatever kind they may be, will dissolve entirely for the reasons that follow:
1 The compliance of the term set forth in the partnership agreement, or the conclusion of the company that constitutes its object.
2nd loss of the entire capital.
3. The bankruptcy of the company.
Article 215.- Companies and collective limited partnership will dissolve in addition completely for the following reasons:
1 The death of one of the partners, if not contained in the scripture, social express agreement to continue in the society, the heirs of the partner deceased, or to survive it among the partners of survivors.
2nd dementia, or another cause that occurs the disabling of a partner manager to manage your assets.
3. The failure of any of the general partners.
Article 216.- Merchant companies not shall be extended only by the will tacit or presumed partners after it had fulfilled the term by which they were formed; and if the members want to continue in the company, will celebrate a new contract, subject to all of the formalities prescribed for your establishment, as it comes to in article 127.
Article 217.- In companies or collective partnership for an indefinite time, if one of the partners required by its dissolution, the other may not oppose but by reason of bad faith in the one who proposes it.
It is understood that a partner work in bad faith, when, on the occasion of the dissolution of the company, intends to make a profit particular that had not obtained the surviving company.
Article 218.- The member who by his will separate from the company or promoviere its dissolution, shall not prevent the conclusion of in the way most convenient to the common interests of the negotiations, relevant, and while not terminated will not proceed to the division of property and effects of the company.
Article 219.- The dissolution of the trade company, which proceed from any other cause other than the termination of the term, by which it was constituted, shall not take effect, to the detriment of a third party until it is entered in the commercial Register.
Article 220.- In the liquidation and division of social is to observe the rules set forth in the deed of company, and in their default, which is expressed in the following articles.
Article 221.- From the date on which the company files a petition for liquidation, it will stop the representation of the directors to make new contracts and obligations, being limited in his powers, in quality of liquidators, to perceive the credits of the company, to extinguish the obligations in advance, as they expire, and to make the pending operations.
Article 222.- In the collective or limited partnership having no contradiction on the part of any of the partners, will continue in charge of the settlement which would have had the management of the flow of society; but if they would not comply to that of all the partners, shall be convened without delay general meeting and will be it resolved, as well as the appointment of liquidators inside or outside of the society, as in respect to the form and procedures of the settlement and the management of the flow common.
Article 223.- Under penalty of dismissal, should the liquidators:
1 to Form and communicate to the members, within the term of twenty days, the inventory of the assets, with the balance of the accounts of the company in liquidation, according to the books of accounting.
2nd to Communicate equally to the partners, all the months, the state of the settlement.
Article 224.- The liquidators shall be liable to the partners of any injury resulting to be common due to fraud or gross negligence in the performance of his charge, without understand authorised to make transactions or commitments on social interests, unless the partners have been expressly granted these powers.
Article 225.- Once the liquidation is over, and come to the case to proceed to the division of social, according to the settlement that would render the liquidators or the board of members, which any of them may require that it be held to this effect, the same liquidators shall verify such division within the term that the board determines.
Article 226.- If one of the partners is believed wronged in the division agreed, you may use your right before the Judge or Court of competent jurisdiction. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 227.- In the liquidation of commercial companies in which they have an interest persons under the age of age, or disabled, shall be the father, mother or keeper thereof, as the case with the fullness of powers in their own business, and shall be valid and irrevocable, without the benefit of restitution, all the acts that these representatives otorgaren or consintieren by its representatives, without prejudice to the responsibility that those contract for with these, for having acted with intent or gross negligence.
Article 228.- No partner may require the delivery to be appropriate in the division of the social mass, while they are not extinguished all the debts and obligations of the company, or has not deposited the amount, if delivery could not verify this.
Article 229.- Of the first distributions made to the partners shall be deducted from the amounts that would have been perceived for personal expenses, or under other any concept they had been anticipated by the company.
Article 230.- The particular goods of the partners that were not included in the credit of the society to be formed it, shall not be executed for the payment of the obligations undertaken by it, but after done exclusion of social.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"exclusion"with"trip".
Article 231.- In companies anonymous in liquidation shall continue, during the period of this, observing the provisions of its statutes, in regard to the convening of its general meeting, ordinary or extraordinary, to give an account of the progress of the same settlement, and agree on what is appropriate to the common interest.(*)
(*) Title XIII repealed by the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
SECTION II
Participation of accounts. (*)
(*) Section II repealed by Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 232.- May the merchants interested in the operations of the other, contributing to them with the capital they so agree, and share their results becoming prosperous or adverse, in the proportions determined.
Article 233.- The participation accounts will not be, subject in training at any solemnity, privately contract may orally or in writing, and proving its existence by any of the means recognized by law, in accordance with the provisions of art. 51.
Article 234.- In the negotiations that deal with the two previous articles, you may adopt a business reason common to all participants, credit or using more direct than the trader who makes and manages on your behalf and under the responsibility of the individual.
Article 235.- Those who contract with the merchant who bears the name of the negotiation, they will only have action against him, and not against the others, who do not the will against the party who contracted with the manager unless it makes them formal cession of their rights.
Article 236. – The settlement will be made by the manager, which, to be completed operations, will report their results justified.
COMMISSION MERCHANT
OF THE AGENTS
Article 237.- Commission merchant
Considered as commission merchant of the mandate, when the object of an act or operation of commerce, and is a merchant or agent mediator of the trade, the client or the customer.
Matches:
C. C. arts. 1756 inc. c), 1790 et seq., 145 ff;
C. C. art. 275 ff.
Article 238.- Classes commission: direct and indirect
The commission may carry out the commission, by engaging in its own name or in that of his clients.
Matches:
C. C. arts. 1806, 1809;
C. C. arts. 278, 279, 281.
Article 239.- Commission indirect
When the agent contracts in his own name, you will not need to declare who is the purchaser, and will be bound in a direct way, as if the business were to be yours with the people with whom he / she buys, which will not have any action against the principal, nor against those except always that respectively correspond to the principal and the commission agent between themselves.
Matches:
C. C. art. 1809, 164;
C. C. art. 281.
Article 240.- Direct commission
If the commission agent he / she buys on behalf of the customer, it shall so state; and if the contract is written, express it in the same or in the antefirma, stating the name, surname and address of such purchaser.
In the case prescribed in the preceding paragraph, the contract and the actions arising from the same will produce their effect between the client and the person or persons who contrataren with the merchant; but you shall be bound with the people with whom he hired, while you do not taste the commission, if the purchaser denies, without prejudice to the obligations and respective actions between the principal and the commission agent.
Matches:
C. C. arts. 160, 164, 1806;
C. C. arts. 278, 279.
Article 241.- Refusal of the commissioner to take the order
In the case of refuse a commission the commission which he doeth, it shall be obliged to notify the client by the quickest means possible and shall confirm in all cases, by email closer to the day on which received the commission.
What will be, also, to pay due diligence in the custody and preservation of the effects that the purchaser referred to it, until he shall appoint new commissioner, in view of their negative, or until, without waiting for the new designation, the judge or Court has been responsible for the effects, at the request of the commissioner.
The lack of compliance of any of the obligations set out in the two paragraphs above, is the commission agent, the liability to compensate the damages and losses that it brought to the purchaser.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 154.
Article 242.- Tacit acceptance of the commissioner
It is understood and accepted by the commission, provided that the customer run any management on the performance of the charge made by the purchaser, which is not limited to that determined in the second paragraph of the preceding article.
Matches:
C. C. art. 141.
Article 243.- Commission with funding
It is not mandatory to the performance of the committees that require the provision of funds, even though they have been accepted, while the purchaser fails to make available to the agent the amount necessary to effect.
Also, can the commission to suspend the proceedings of his own order, when, having invested the amounts received, the buyer shall refuse to the remission of the new funds that he shall ask.
Matches:
C. C. art. 1796 incs. 1, 3, 1797.
Article 244.- Commission with advance of funds
Agreed the advance of funds for the performance of the commission, the commission agent shall be obliged to supplement them, except in the case of suspension of payments or bankruptcy of the buyer.
Article 245.- Liability for breach of the commission
The commission agent who, without lawful cause, fails to comply with the commission accepted or started to evacuate, you will be responsible for all damage that it brought to the purchaser.
Matches:
C. C. art. 1793, 1794, 1795.
Article 246.- Effects of the commission in respect of the principal
A contract for the realtor with the formalities of law, the client must accept all the consequences of the commission, except the right to claim against the brokerage firm for errors or omissions committed to fulfill it.
Matches:
C. C. art. 160, 1806, 1809, 1811;
C. C. art. 279.
Article 247.- Disclaimer
The commission in the performance of their order is subject to instructions received from the purchaser, shall be exempt from any responsibility for it.
Matches:
C. C. art. 1760, 1793, inc. 1.
Article 248.- Attitude of the commissioner, in cases not provided
In matters not provided for and prescribed specifically by the purchaser, should the commission to consult, so far as permitted by the nature of the business.
Most, if authorised to act at their discretion, or it is not possible to consultation, will dictate prudence, and be more in line with the use of the trade, taking care of the business as their own. In the event that an accident is not expected to do so in the judgment of the commissioner, hazardous or detrimental to the execution of the instructions, may suspend the enforcement of the commission, by communicating to the purchaser, by the quickest means possible, the causes that have led to their behavior.
Match:
C. C. art. 1760.
Article 249.- Responsibility for commission inoficiosa
In no case may the commission to proceed against the express provision of the purchaser being responsible for all damages and losses that by doing so will ocasionare.
Equal responsibility weigh on the agent in the case of malice or neglect.
Matches:
C. C. art. 1760, 1793 inc. 1, 161, 162.
Article 250.- Risks of the commissioner
Shall be for the account of the customer of the risks of the cash that you have in your power by reason of the commission.
Article 251.- Responsibility of the commissioner for negotiation is not authorized
The commission agent who, without the consent of the purchaser, and concertare an operation to prices or terms more onerous than the current in the square to the date in which it was made, shall be liable to the purchaser of the prejudice that she has irrogado; without that serve as an excuse to argue that at the same time and in the same circumstances did operations on their own.
Article 252.- Enforcement of the law and regulations
The commission shall observe the provisions of the laws and regulations with respect to the negotiation that he hath committed, and shall be responsible for the results of your violation or omission. If it has been under the express orders of the purchaser, and the responsibilities that may weigh on both of them.
Article 253.- Communication from the commission agent on its management
The commission shall communicate frequently with the principal news of interest to the success of the negotiation, participándole, by the mail of the same day, or the next, that having taken place, the contracts that it has entered into.
Matches:
C. C. art. 1793 incs. 2,3.
Article 254.- Tacit approval of the acts of the commissioner
It is assumed that the client approves the acts of the agent, even if it be exceeded in the terms of the mandate, if you do not respond within forty-eight hours or per second mail, to the letter, notice that the commission will report on the outcome of the commission.
Matches:
C. C. art. 162
Article 255.- Character commission staff
The commission shall carry out the orders received, and will not be able to delegate without the prior consent of the purchaser, and not to be beforehand authorized to make the delegation; but may, under its responsibility, to use their dependents in those transactions subaltern according to the general custom of the trade, is to trust them.
Matches:
C. C. art. 157, 1793 inc. 1, 1766.
Article 256.- Responsibility by delegation or substitution of the commission
If the realtor has done delegation or substitution with authorization of the purchaser, and will respond to the efforts of the substitute, if there remain but your choice of the person to whom he had delegated, and, otherwise, it will stop your responsibility.
Matches:
C. C. art. 158.
Article 257.- Accountability of the commission
The commission agent shall be obliged to pay, with respect to their books, account specified and justified in the amounts you received for the commission, repaying the principal, in the timeframe and manner that he or she may prescribe, of the surplus that is in your favor.
In the event of default shall pay the statutory interest.
Will be borne by the principal, the destruction and loss of funds surplus, provided that the commission has observed the instructions of the one regarding the return.
Matches:
C. C. art. 1793, inc. 3, 1333, and ss, 1242, and ss.
C. C. art. 63.
Article 258.- Responsibility for change destination of funds
The commission agent who, having received funds to evacuate an order, we will give investment or destination other than the commission, shall be paid to the purchaser the principal and legal interest, and will be responsible, from the day you received it, for the damages and losses caused as a result of having failed to fulfil the commission, without prejudice to the criminal action to which it is entitled.
Matches:
C. C. arts. 1794, 1242, and ss.
Article 259.- Liability in respect of the effects and merchandise
The commission agent shall be liable for the effects and merchandise shall receive, on the terms and subject to the conditions and qualities that I will notify the consignment; not to be stated, to take care of them, faults and deterioration, resulting from, by comparing its state with the effect on the letters of freight or charter or in the instructions received from the purchaser.
Matches:
C. of. C. arts. 819, 821, 862.
Article 260.- Liability for loss or impairment without guilt
The commission agent who has in his possession any goods or effects of the employed, liable for their conservation in the state you received them.
Cease this responsibility, when the destruction or impairment due to acts of god, force majeure, time course, or vice of the thing.
In these cases, the commission is obliged to state in legal form, the loss or impairment of the goods, or effects, and the cause of deriving one or the other; and to give the customer the notice respective within twenty-four hours, or by e-mail immediately.
Matches:
C. C. art. 1814, and ss.
Article 261.- Prohibition of autocontratar, sold without the permission and alter brands
Any realtor will buy for himself or for another, which he commanded to sell, or sell what you have been commissioned to buy, without license of the purchaser.
You also may not alter the marks of the effects, which he hath purchased or sold for the account of others.
Matches:
C. C. art. 166.
Article 262.- Distinction of goods like several owners
The brokers may not have effects of the same species, belonging to different owners, under the same mark, without distinguishing them by a contramarca to avoid confusion and to appoint the property of respective of each client.
Article 263.- Sale in case of emergency
If there be in the effects entrusted to a commission agent, any alteration made urgent sale to save as much as possible of its value, and is of such urgency that it has not time to give notice to the client and wait for your orders; attend the commission to the judge or Court of competent jurisdiction, that a prior report of two traders, it shall authorize the sale with the solemnities and precautions that you deem most beneficial to the client.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 264.- Authorization to sell on credit or in installments
The commission agent cannot, without the authorization of the purchaser, lend, or sell on credit or in installments; and in these cases, the principal shall require the payment in cash, leaving in favor of the commissioner, any interest, benefit, or advantage resulting from the credit term.
Article 265.- Communication from the installment sale
If the commission agent, with proper authorization, sells to time, you must express it in the account or notices which give the purchaser, participándole the names of the purchasers; and, not doing it, it will be understood, with respect to the purchaser, which sales were for cash.
Article 266.- Risks of the collection
If the realtor percibiere on a sale, in addition to the committee meeting, another call of warranty, shall be borne his account of the risks of the collection, being obliged to meet the client the product of the sale at the same time-frame agreed upon by the buyer.
Article 267.- Responsibility for failure or delay in the collection
Will be responsible for damages occasioned by its default or delay, the commission agent who does not verificare to collect the credits of his principal at the times in which they are payable; not to be attesting to that used in a timely fashion, the legal means to get the payment.
Article 268.- Responsibility for not hire insurance
The commission charge of an expedition of effects, that any order to insure, they will be responsible, if not done so, the damage that they have occurred; provided that the person is made the provision of funds necessary to pay the prize of the insurance, or has been obliged to anticipate them and fails to give immediate notice to the client of the impossibility of hiring you.
If, during the risk the insurer is declared bankrupt, you will have a realtor obligation to renew the insurance, not having prevented thing to the contrary by the client.
Article 269.- The contract of transport
The commission that, under the concept of such shall send effects to another point, you need to hire transport, to meet the obligations that are imposed on the charger in the pipelines on land and at sea.
If he / she buys in his own name the transport, even if you do it for others, shall be subject to the carrier with all the obligations which are imposed to the chargers in the pipelines on land and at sea.
Article 270.- The right of preference of the agent in case of consignment
The effects remitieren on consignment, shall be particularly obliged to the payment of the rights commission, anticipations and expenses that the agent has been made for the account of its value and product.
As a consequence of this obligation:
1) Any commissioner may be stripped of the effects that you received on consignment, without prior reimburse their anticipations, fees and duties of commission.
2) By the product of the same gender, shall be paid by the customer in preference to the other creditors of the purchaser, except as provided in article 370.
To enjoy the preference contained in this article, will be a necessary condition that the effects are in the possession of the consignee, or agent, or who are at your disposal in a tank or a public store, or it has been verified the expedition, consigning it to his name, in having received the knowledge, heel or transportation letter signed by the manager to check it out.
Matches:
C. C. art. 1796 inc. 3;
C. C. art. 680, 370.
Article 271.- Payment of the commission
The customer shall be required to pay to the commissioner the award of the commission, unless otherwise agreed.
Missing covenant expressive of the quota, set it in accordance with the use and practice of companies of the place where you met the commission.
Matches:
C. C. art. 1796 inc. 2, 370.
Article 272.- Reimbursement of expenses
The customer shall be obliged to satisfy the cash to the brokerage firm, using justified, the amount of all of your expenses and disbursements, with legal interest from the day on which any fact to your total refund.
Matches:
C. C. arts. 1796 inc. 3, 1242, and ss;
C. C. art. 292.
Article 273.- Revocation of the commission
The customer may revoke the commission conferred on the commission, in any state of the business, putting it in your story; but being always bound to the result of the efforts practiced before you have made know to the revocation.
Matches:
C. C. arts. 149, 150, 151, 152.
Article 274.- Resolution and revocation of the commission by death or incapacitation
Death of the commissioner or his or her disqualification terminates the contract; but on the death or incapacitation of the purchaser, and do not terminate, though you can revoke your heirs or representatives.
Matches:
C. C. art. 1801
OTHER FORMS OF THE TERM COMMERCIAL FACTORS, DEPENDENT, AND YOUNG MEN
Article 275.- Exercise of the trade by direct representation
The trader may be attorneys or solicitors general or unique, to make the traffic in your name and for its own account, in whole or in part, or to assist them in it.
Matches:
C. C. arts. 1756 inc. c), 1790 et seq., 145 ff;
C. C. art. 237 et seq., 663.
Article 276.- Factor requirements
The factor must have the capacity to be bound by this Code, and the power of the person on whose account the traffic.
Matches:
Const. 1993 art. 30;
C. C. art. 42, 145 ff.
Article 277.- Representation of the manager as a factor
The manager of a company or establishment manufacturing or commercial, employed, authorized to manage, lead and engage about the things pertaining to it, with more or less authority, as has been convenient to the owner, will be the legal concept of factor, and we shall apply the provisions contained in this section.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this section"for"this title".
Matches:
L. G. S. art. 176 et seq.;
C. C. art. 145 ff.
Article 278.- Mention of the direct representation
The factors negotiated and contracted in the name of his principal; and all documents that subscribe to that concept expressed that they do with power or in the name of the person or company they represent.
Matches:
C. C. arts. 160, 1806;
C. C. art. 279.
Article 279.- Effects of the direct representation
Hiring the factors in the terms that prevent the article preceding, shall vest in the purchasers all of the obligations that contrajeren.
Any claim for compelerlos to its enforcement, shall be effective on the property of the main establishment or company, and not in the factor, unless they are confused with those.
Matches:
C. C. arts. 160, 1806, 1809, 1811;
C. C. arts. 246, 278.
Article 280.- Representation of the factor of company or society
The contracts concluded by the factor of a company or establishment manufacturing or commercial, when well belongs to a company or society well-known, shall be made for account of the owner of such company or society, even when the factor has not expressed at the time of the celebration, or alleging breach of confidence, breach of power or appropriation by the factor of the effects object of the contract; provided that these contracts are imposed on objects covered in the turn, and traffic of the establishment, or if, while being of a different nature, it is that the factor acted with a order of your customer, or the latter approved their management in express terms or by good deeds.
Matches:
C. C. art. 165.
Article 281.- Effects of indirect representation
The contract made by a factor in his own name, him shall bind directly with the person with whom it has concluded; if the negotiation has been done on behalf of the principal, the other contracting party may direct his action against the factor or against the principal.
Matches:
C. C. art. 1809 and ss;
C. C. art. 239.
Article 282.- Permission to conduct negotiations of the same gender
The factors will not be able to trade for your account, or interest on its own behalf or outside in the negotiations of the same gender that acts on behalf of its principal, unless they are expressly authorized to do so.
If negociaren without this authorization, the benefits of the negotiation will be for the main, and the losses borne by the factor.
If the principal has been granted to the factor authorization to do operations on its own or associated with other people, you do not have that right to the profits or to participate in losses that sobrevinieren.
If the principal has interested to factor in any operation, the participation in the profits shall be, unless otherwise agreed, provided the capital that aportare, and not providing capital, shall be reputed industrial partner.
Matches:
Law 4916 art. 6.
Article 283.- Fines incurred by the factor
The fines that may be incurred by the factor for violations of the tax laws or regulations for public administration in the management of his factory, will be effective from then on the property that you manage, without prejudice to the right of the main against the factor by his guilt in the facts giving rise to the penalty.
Article 284.- Validity of the authority granted to the factor
The powers conferred to a factor considered will be scrapped, while there may be expressly revoked, however, the death of his principal and / or the persons from whom in due form the receipt.
Matches:
C. C. arts. 149, 150, 151, 152, 1801 inc. 3, 1803.
Article 285.- Revocation of power of attorney granted to the factor
The acts and contracts executed by the factor shall be valid, in respect of its principal, provided that they are prior to the time arrives to news of him by a legitimate means for the revocation of the powers or disposal of the property.
Will also be valid with respect to third parties, while not complied with, in regard to the revocation of the powers, as prescribed in the number 6 of article 21.
Matches:
C. C. art. 1802;
C. C. art. 21 inc. 6.
Article 286.- Trade through servants or agents singular
Traders will be able to instruct other people, in addition to the factors, the constant performance, in his name and for its own account, of any or some business-specific traffic to be engaged, in virtue of the covenant written or verbal; consigning it in their regulations, the companies, and communicating individuals by public notices or by means of circular letters to their correspondents.
The acts of these dependents or representatives singular shall not require its main, but in its own operations in the industry who determinedly them is given.
Matches:
C. C. art. 145 et seq.;
C. C. art. 287.
Article 287.- Young men of commerce
The provisions of the preceding article, shall be equally applicable to the young men of commerce who are authorized to govern a business transaction, or any part of the money and traffic to your main.
Matches:
C. C. art. 286.
Article 288.- Authorisation to the young men for cash
The young men responsible for selling retail in a public store, will be deemed to have been authorized to collect the amount of sales they do, and their receipts may be valid, expidiéndolos on behalf of their principals.
The same faculty will have the young men that they sell in the stores for the greater, provided that the sales are for cash and the payment is verified in the same store; but when the collections were to make out of it, or are from installment sales, receipts will be signed necessarily by the principal or his or her factor or by proxy legitimately constituted to collect.
Article 289.- Effects of the receipt of goods for the young man
When a trader will take charge of his young man the reception of goods, and it receives no qualms about its quantity or quality, shall take his receipt for the same effects, if any, made to the principal.
Article 290.- Ban factors and young men of the delegate fee
Without the consent of their principal, or the factors or the young men of commerce may delegate to other orders that they receive those; and, in the case of to do so without such consent, will respond directly to the efforts of the surrogates and the obligations assumed by them.
Matches:
C. C. art. 157, 1766, 1793 inc. 1.
Article 291.- Responsibility of the factors and the young men of commerce
The factors and the young men of commerce, shall be liable to his principal for any damage cause to your interests, for having acted in the performance of their duties with malice, negligence or breach of orders or instructions have been received.
Matches:
C. C. art. 1314 and ss.
Article 292.- Compensation in favour of the young man
If, by the effect of the service that you provide, a young man of commerce makes any extraordinary expense or experimentare any loss, having mediated over this express written agreement between him and his master, will be in charge of this compensating the grief suffered.
Matches:
C. C. art. 1796 incs. 3, 4;
C. C. art. 272.
Article 293.- Contract between merchants and young men or dependent
If the contract between the merchants and their young men and dependents has been concluded for a fixed term, you may not be any of the contracting parties separated, without the consent of the other, of their compliance, until the termination of the agreed period of time.
The contravinieren to this clause will be subject to the compensation of damages, except as provided in the following articles.
Matches:
C. C. art. 1768;
D. Lgs. 728;
C. C. art. 618.
Article 294.- Causes of dismissal to the dependent
Will be special causes so that the traders can dismiss their dependents, however, does not have fulfilled the term of commitment:
1) fraud or abuse of confidence in the efforts which they have been entrusted.
2) Do some trading for its own account, without the express knowledge and license of the principal.
3) Missed badly to the respect and consideration due to the latter or to the people in your family or dependency.
Matches:
D. Lgs. 728;
C. C. arts. 618, 620, 650.
Article 295.- Causes for the deviation of the dependent
Will be causes for dependents to be able to say goodbye to their core, even if you have not fulfilled the term of the commitment:
1) The lack of payment within the time limits fixed salary or stipends agreed.
2) The non-compliance of any of the other conditions agreed for the benefit of the dependent.
3) The bad treatments or serious offenses on the part of the main.
Matches:
C. C. art. 1769; D. Leg. 728.
Article 296.- Contract for an undetermined time
In the cases that the commitment did not have a time appointed, either party may take over, giving the other one month in advance.
The factor or young man, you have the right, in this case, the salary corresponding to that allowance.
Matches:
C. C. art. 1365;
D. Lgs. 728.
OF DEPOSIT COMMERCIAL
Article 297.- For the deposit to be commercial, the following is required:
1. The depositary, at least, is a merchant.
2. Things that are deposited are subject to trade.
3. That the deposit constitutes a business transaction, or as a cause or as a result of commercial operations.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 298.- The depositary shall be entitled to demand compensation for the deposit, to the absence of an express agreement to the contrary.
If the contracting parties have not fixed the share of the compensation, will be regulated according to the uses of the square in which the deposit is to be constituted.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 299.- The deposit shall be constituted by delivery to the depositary of the thing which constitutes its object.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 300.- The depositary is obliged to keep the thing object of the deposit according to the one receiving it, and return it with your gains, if any, when the depositor is requested.
In the conservation of the deposit will respond to the depositary of the damage, damage that the things deposited sustained by its malice or negligence, and also of the coming of the nature or defect of things, if in these cases did not, for his part, is necessary to avoid or correct them, giving notice of them in addition to the depositor immediately manifestaren.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 301.- When the tanks are full, with specification of the currencies that constitute, or when they are delivered sealed or closed, the increases or low value of that experience will be for the account of the depositor.
The risks of such deposits shall be borne by the depositary, continue to account for the same damage sustained by not prove that occurred due to force majeure or fortuitous event second to none.
When deposits of cash is constituyeren without specification of currency or without close or seal, the depositary is liable for its conservation and risks, in the terms established by paragraph followed by the article 300.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 302.- The depositories of securities, effects, or documents that accrue interest, they are required to perform the collection of these in the times of their maturity dates, as well as to practice all acts necessary for the purposes deposited to retain the value and the rights that corresponds to them according to statutory provisions, unless otherwise stated.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 303.- Provided that, with the consent of the depositor, available by the depositary of the things which were the object of deposit, whether for themselves or their business, and for operations that may entrust to him, they will cease the rights and obligations inherent to the depositor and the depositary, and shall observe the rules and provisions applicable to the loan merchant, the commission or the contract that in substitution of the deposit have concluded.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 304.- Notwithstanding the previous articles, the deposits are verified in the Banks, in the general stores in the societies of credit or in any other companies, will be governed first by the statutes of the same, in the second by the provisions of this Code, and lately by the rules of the common law, which are applicable to all deposits.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
LOAN MERCHANT,OF THE GARMENT
LOAN COMMERCIAL
Article 305.- Will be considered to be commercial loan concurring in the following circumstances:
1. If any of the contracting any trader.
2. If the borrowed stuff is destinaren to acts of trade sufficing, which well express the document evidencing the loan.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 306.- It is also a commercial loan with collateral effects cotizables, made in policy with the intervention of agent referee.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 307.- Consisting of the loan in currency, or current, will pay the debtor returning in legal tender and current in an amount equal to the one received, except if agreed the kind of currency in which you made the payment, in which case the alteration will I experience its value, it will be in harm or benefit of the lender.
In securities lending or securities will pay the debtor returning so many others of the same class and the same conditions, or their equivalents if those had been extinguished, unless otherwise stated.
If the loans are in kind, they shall be the debtor to return, not to mediate a covenant in a different sense, the same amount in the same kind and quality, or its equivalent in cash if it be extinct, the species due.(*)
(*) Article amended by the Article 6 of the Law N° 23327published on 25 November 1981, the text of which is as follows:
« Loans in national currency shall be paid by the debtor in the same currency, and unless the parties agree in writing otherwise, in accordance(*) GRINDING ERRATAwith the provisions of the second paragraph of section 1573 of the Civil Code, in an amount equal to the one received.
In those which had been concluded in a foreign currency, the payment may be made in national currency at the exchange rate of sale of the day and place of the expiration of the obligation.
If the debtor, in the case referred to in the previous paragraph, would delay the payment, the creditor may require you to provide your choice, the debt to be paid in the national currency according to the exchange rate of sale to the date of expiry of the obligation, or to govern the day of payment« .(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 308.- In the loans for a period of time, or without limit set expiration, you may not be required the debtor to make payment but after thirty days, counting from the date of the request of attorney that it has been made.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 309.- The loans will not accrue interest if it had not been agreed in writing.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 310.- Can be agreed upon as the interest on the loan, without any fee or limitation of any kind.
Will be considered to be any service contracted in favor of the lender.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 311.- The debtors to delay the payment of their debts after expired, must be met from the day following the expiry of the agreed interest for this case, or in his absence the legal.
If the loan consistiere species, to compute the credit will graduate its value for the prices of the goods provided it has in the square in which you need to get the return on the day following the due date, or by the determined by experts, if the goods is extinguished at the time of making his valuation.
And if consistiere the loan in titles or values, the revenue for default will be that the same values or titles earned, or in his absence, legal, determining the price of the securities which have in Stock, if they are cotizables, or in the square in the other case, the day following the date of expiry.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the second part of this article, the word"credit"for"revenue"
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 312.- Interest due and unpaid shall not bear interest. The contracting parties may, however, capitalize on the interests and liquids are not satisfied, that, as capital increase, accrue new benefits.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 313.- The receipt of the capital by the creditor, without reserve explicitly the right to the interest due or owed, it will extinguish the obligation of the obligor with respect to the same.
Deliveries on account, where it is not expressed his application, shall be allocated first to the payment of interest by order of maturity, and then to the capital.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 314.- Filed a claim, you will not be able to take the accumulation of interest on the capital to demand greater revenues.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
OF THE GARMENT
Article 315.- Garment mercantile
Is commercial pledge that aims to ensure the fulfillment of an obligation of commerce.(*)
Matches:
C. C. art. 1055 and seq;
C. C. art. 573.
(*) Article repealed by Sixth Final Disposition of the Law No. 28677published on 01 march 2006, lthe same that in accordance with your First Final Provisionentered into force within ninety days of the publication of the said Law.
Article 316.- Right of preference
The lender may have about the effects or securities pledged, the right to charge your credit with a preference to the other creditors, who may not withdraw from its power, to not be meeting the credit constituted about them.(*)
Matches:
C. C. art. 1068.
(*) Article repealed by Sixth Final Disposition of the Law No. 28677published on 01 march 2006, lthe same that in accordance with your First Final Provisionentered into force within ninety days of the publication of the said Law.
Article 317.- The expiration of the term of the loan unpaid, the creditor may proceed with the sale of the suit in the manner provided for in the relevant contract, which will be held in writing.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 318.- In the absence of this provision, and if the garment consists effects cotizables, the creditor without the need of requiring the debtor may ask the Judge of the 1st Instance that is authorized to sell it. The Judge without the support of opposition or exception of any kind shall be limited to authorise the creditor to sell the garment with the intervention of an agent or broker.
In case the item is not effects cotizables the sale will be made by the Judge, at an auction at the request of the creditor without admitting opposition or exception, being necessary only for the appraisal of the garment if it has not been made in the contract.(*)
(*) Article repealed by the Subparagraph 2 of the First Repeal of the Ministerial Resolution No. 010-93-JUSpublished on 22 April 1993.
Article 319.- Rights and actions of the owner dispossessed
The provisions of the article that precedes it does not impair the rights and actions of the owner dispossessed, against the responsible persons according to the laws, by the acts under which he had been wrongfully deprived of the possession and control of the effects given in guarantee. These rights and actions, which are ventilated in ordinary, do not relate to the claim of the garment, but the damages that the improper sale has caused.(*)
(*) Article repealed by Sixth Final Disposition of the Law No. 28677published on 01 march 2006, lthe same that in accordance with your First Final Provisionentered into force within ninety days of the publication of the said Law.
OF THE PURCHASE, SALE AND SWAP, TRADE AND THE TRANSFER OF CREDITS ARE NON-ENDORSABLE
OF THE SALE
Article 320.- It will be commercial, the purchase or sale of movable things to resell them, in the same way that they were bought, or in another, with intent to make a profit on the resale.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 321.- Not be deemed to have been commercial:
1. Purchases of effects intended for use by buyer or the person on whose behalf they are acquired.
2. The sales made them the owners, farmers and ranchers, of the fruits or products of crops or livestock, or of the species in that they pay the rent.
3. Sales, of the objects constructed or manufactured by artisans, made in their workshops.
4. The resale does any person not a trader of the rest of the preparations he made for his use.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 322.- If the sale is made on samples or determining quality known in the trade, the buyer may not refuse the receipt of the genres employed, if they are to conform to the samples or the quality preset in the contract.
In the event that the buyer refuses to receive them, you shall appoint expert witnesses of both parties, will decide if the genders are or not receipt of the order.
If the experts from declaring to be of receipt, it shall be deemed to consummate the sale, and in the opposite case, it shall terminate the contract, without prejudice to compensation to which it is entitled the buyer.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 323.- In the shopping of genres that do not have to view or be able to qualify for a certain quality and well-known in the trade, it is understood that the buyer reserves the right to examine them and withdraw freely from the contract if the equality does not agree.
You will also have the buyer's right of termination if by express written agreement has been reserved rehearse the gender hired.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 324.- If the seller fails to deliver within the stipulated period the effects sold, the buyer request the fulfillment or rescission of the contract, with damages in either case, for the damages that you have irrogado for the delay.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 325.- In contracts in which is arranged the delivery of a given quantity of goods on a fixed-term, it will not be liable to the buyer to receive a part, or even under a promise of delivering the rest; but if I shall accept partial delivery shall be consummated the sale as to the genera received, except the right of the buyer to ask for the rest, the fulfillment of the contract or its termination, in accordance with the previous article.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 326.- The loss or deterioration of the effects prior to delivery, by unforeseen accident or through no fault of the seller, shall entitle the buyer to terminate the contract, unless the seller was constituted in depositary of the goods in accordance with article 334, in which case it is limited to its obligation to which is born of the deposit.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 327.- If the buyer shall refuse, without just cause, the receipt of the effects purchased, the seller to request the fulfillment or rescission of the contract, by depositing in court in the first case the goods.
The same deposit judiciary may be the seller provided the buyer to delay taking charge of the goods.
The expenses that result from the deposit shall be for the account of those who had been given reason to make it.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 328.- Damage and damage that sobrevinieren to the goods, and perfect the contract and having the seller of the effects at the disposal of the buyer at the time and place agreed upon, shall be for the account of the purchaser, except in cases of intent or gross negligence of seller.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 329.- Damage and damage suffered by the goods, even for a fortuitous event, shall be for the account of the seller in the following cases:
1. If the account has been made by number, weight or measure, and the thing sold is not certain and determined, with marks and signs to identify themselves.
2. If by express agreement or by usage of trade, given the nature of the thing sold, he has the buyer the faculty of recognizing and examining previously.
3. If the contract has the condition does not make the delivery until the thing sold acquire the specified conditions.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 330.- If the effects sold perecieren or deterioraren by the seller, will return to the buyer the price received.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 331.- The buyer who, at the time of receipt of the goods, the will examine your content, do not take action to repeat against the seller alleging a defect or defect of quality or quantity in the goods.
The buyer will have the right to claim against seller for any defect in the quality or quantity of the goods received enfardadas or packed, always exercise its action within four days of its receipt and is not applicable for the fault of a fortuitous event, vice of the house or fraud.
In these cases, you can the buyer opt for the termination of the contract or for their compliance in accordance with agreed, but always with the compensation of the damages that have been caused by the defects or faults.
The seller may avoid this claim requiring, in the act of the delivery, that the recognition in terms of quantity and quality content to the buyer.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 332.- If you have not been provided the time for the delivery of goods sold, the seller will have them available to the buyer within twenty-four hours following the contract.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 333.- The costs of the delivery of the genera in the sales business will be payable by the seller up to them, weighed or measured at the disposal of the buyer, in the absence of express agreement to the contrary.
The receipt and removal outside of the place of delivery shall be for the account of the buyer.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 334.- Put the goods sold at the disposal of the buyer, and giving this satisfied, or to rest those judicially in the case provided for in article 327, will start for the buyer, the obligation to pay the cash price, or the time agreed upon with the seller.
This shall be the depositary of the effects sold, and shall be bound to his custody and preservation in accordance with the laws of the deposit.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 335.- In both the genders sold are in seller's possession, although whether as a deposit, you will have this preference on them to any other creditor, to obtain payment of the price, with interest caused by the delay.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 336.- The delay in the payment of the price of the thing purchased shall constitute the buyer must pay the statutory interest on the amount due to the seller.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 337.- The buyer has not made any claim founded on the inherent defects of the thing sold, within thirty days following delivery, you will forfeit the entire action and the right to repeat, for this cause against the seller.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 338.- The amounts which, by way of signal, to be delivered in the sales business, will be assumed to be always given on account of the price and proof of the ratification of the contract, unless otherwise agreed.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 339.- Do not terminate the sales business cause of the injury; but indemnify damages the contractor who has acted with malice or fraud in the contract or in its fulfillment, without prejudice to the criminal action.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 340.- All sale commercial seller will be obligated to the eviction and sanitation in favor of the buyer, unless otherwise agreed.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
THE SWAP
Article 341.- Swaps trading are governed by the same rules as prescribed in this title in respect of purchases and sales, as are applicable to the circumstances and conditions of those contracts.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this title"for"this section".
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
TRANSFER CREDITS ARE NON-ENDORSABLE
Article 342.- Credit transfers non-endorsable
The credits trading is not endorsed or bearer, may be transferred by the creditor without the consent of the debtor, they can put in their knowledge transfer by means of notarized letter.
Under the notice, the debtor shall be bound to the new creditor; and is not to be considered to be legitimate payment but the right to it.
Matches:
C. C. art. 1206 ff.
Article 343.- Scope of the liability of the transferor
The transferor shall be liable for the legitimacy of the credit and of the right which made the cession, but not of the creditworthiness of the obligor, does not mediate expressly so declare.
Matches:
C. C. arts. 1212, 1213, 1214.
THE COMMERCIAL CONTRACT FOR LAND TRANSPORT
Article 344.- A commercial character of the contract
The contract of carriage by land or water of any gender shall be considered commercial:
1) When the object, merchandise, or any purpose of trade.
2) When, being either your object, be it merchant to the carrier or to engage regularly check transport for the public.(*)
Matches:
C. C. arts. 50 and ss, 374, 665 and ss, 347, 348;
C. C. art. 1351 et seq.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 345.- Content of the consignment note
Both the charger as the carrier of goods or effects, may be required to be mutually spread a bill of lading in which it is expressed:
1) The name, surname and address of the charger.
2) The name, surname and domicile of the carrier.
(3) The name, surname and address of the person to whom or to whose order be targeted by the effects, or if they have to be delivered to the bearer of the same letter.
4) The designation of the effects, with an expression of their quality generic, of their weight and of the marks or signs outside of the packages in that they contain.
5) The price of transport.
6) The date of the expedition.
7) The place of delivery to the carrier.
8) The place and the time frame in which to be delivery to the consignee.
9) The compensation payable by the carrier in case of delay, if on this point without a covenant.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the third subparagraph of this article, the word"carrier"with"bearer".
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 346.- Reference letter postage rates
In the transports that are verified by railroads or other corporations subject to tariffs or regulatory time-limits, it is sufficient that the consignment notes or statements of dispatch provided by the charger to refer, as to the price, term and special conditions of carriage, tariffs and regulations whose application request; and if not determined rate, should the carrier must apply the price of the resulting cheaper, with the conditions that they are inherent, consigning always your expression or referred to in the consignment note that you deliver to the charger.(*)
Matches:
C. C. art. 373.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 347.- Consignment note or ticket of travelers
The letters of ports or tickets in the case of passenger transport, may be different, some for individuals and others for the baggage; but all will contain the indication of the carrier, the date of the expedition, the points of departure and arrival, the price and, in respect of the baggage, the number and the weight of packages, with the other information that they believe they are necessary for easy identification.(*)
Matches :
C. C. arts. 344, 348.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 348.- Principle of literality of the consignment note
The legal titles of the contract between the shipper and the carrier, will be the letters of lading, by the contents of which will decide the disputes that occur on its implementation and enforcement, without admitting more exceptions than those of falsity and material error in your writing.
Complied with the contract, shall be returned to the carrier the bill of lading which has been issued, and in virtue of the redemption of this title for the object porteado, shall be deemed to have cancelled the respective obligations and actions; unless when in the act is made in writing to the claims that the parties would like to reserve, with the exception of what is determined in article 362.
In the event that a loss, or other cause not to the consignee to return, in the act of receiving the genres, the bill of lading subscribed by the carrier, you must provide a receipt of the delivered goods, producing this I get the same effects as the return of the consignment note.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the number"362"with the"361".
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Matches :
C. C. arts. 344, 347.
Article 349.- Test extra to the contract of carriage
In the absence of bill of lading, it will be the result of the legal evidence that each party in support of their respective claims, according to the general provisions established in this Code for commercial contracts.(*)
Matches :
C. C. art. 51;
C. C. art. 144.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 350.- Liability of the carrier
The liability of the carrier will begin from the moment of receipt of the goods, by himself or by a person entrusted to the effect, in the place that is said to receive them.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 351.- The refusal to accept packages poorly packed
The carriers may refuse packages that present themselves poorly equipped for the carriage; and if there be by way of iron, insisting on the shipping, the company porteará, being exempt from all responsibility if it do appear in the consignment note their opposition.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 352.- Record of the contents of a package
If, for well-founded suspicion of falsity in the declaration of the content of a bump, which is determined by the carrier, register it, it will proceed to its acknowledgment before witnesses, with the assistance of the sender or the consignee.
Not concurring which of these is worthy of being quoted, to make the record before a notary public, they will extend an act of the recognition result, for the purposes to which they are entitled.
If it becomes certain the shipper's declaration, the expenses ocasionare this operation, and the re-gently close the packages shall be for the account of the carrier and, on the contrary, from the sender's account.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question..
Article 353.- Delivery of effects in case it does not exist within
There were No period fixed for the delivery of the effects, you will have the carrier's obligation to lead you in the first expeditions of goods equal or similar made to the point where you need to deliver them; and, in not doing so, will be responsible for the damages caused by the delay.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question..
Article 354.- Fixing and change of routes
If it has been a pact between the shipper and the carrier on the way to where you need to take the transportation, you may not be the carrier vary route, to not be by reason of force majeure; and in case of doing so without it, you will be responsible for the damages that for any other cause sobrevinieren to the genres, which carries, in addition to paying the sum which had been stipulated for such an event.
When, for the expressed reason of force majeure, the carrier had to take another route to produce increased freight, you will be occurred; this increase through its formal justification.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 355.- Variation of the consignment
The charger can be, without changing the place where you need to take the delivery, to change the allocation of the effects that were delivered to the carrier; and this will fulfill your order, such that, at the time of prescribing the variation of the consignee, is returned to the bill of lading subscribed by the carrier, if one has been issued, canjeándola by another in effect a novation of the contract.
The expenses that this variation of consignment incurred shall be for the account of the charger.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 356.- Risk for loss and damage
The goods shall be transported at the risk and venture of the shipper, if expressly has not been otherwise agreed.
Consequently, shall be for the account and risk of the charger all the harm and damage that are experiencing the genres during the transport, due to a fortuitous event, force majeure, or the nature and inherent vice of things.
The proof of these accidents is incumbent upon the carrier.(*)
Matches:
C. C. arts. 357, 358, 359.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 357.- Responsibility for loss and damage
The carrier, however, shall be responsible for loss and damage resulting from the causes set out in the previous article, if it is proven that they occurred by its negligence or for having failed to take the precautions which usage has taken between people diligent; to not be the charger I had committed deceit in the consignment note, if they were gender or quality different from those who actually have it.
If, notwithstanding the precautions referred to in this article, the effects transported are at risk of being lost, by their nature or by unavoidable accident, without there being time for their owners to dispose of them, the carrier may proceed to sell them for this purpose at the disposal of the judicial authority or of the officials who determine special provisions.(*)
Matches:
C. C. art. 356.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 358.- Conditions for the delivery of the effects
Outside of the cases provided for in the second paragraph of article 356, the carrier is obliged to deliver the loaded effects in the same state in which, according to the bill of lading, they were at the time of receipt, without detriment or prejudice to any; and not to do so, to pay the value that caused the non-delivered, at the point where they had to be, and in the time that it was up to make his delivery.
If it is a part of the effects transported, the consignee may refuse to take charge of them, when this is justified can not use them independently of the other.(*)
Matches:
C. C. art. 356.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 359.- Decrease in value due to the failure of
If the effect of the faults referred to in article 356 was only a decrease in the value of the genre, will reduce the obligation of the carrier to pay what amount of this difference of value, in the opinion of experts.(*)
Matches:
C. C. art. 356.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 360.- Futility and deterioration effects wrecked
If, by the effect of the faults, would be useless equality for sale and consumption in the own objects from your use, shall not be required by the consignee to receive them, and you can leave them on behalf of the carrier, demanding that its value at the current price on that day.
If gender damaged they may be some pieces in good condition and without defects of any kind shall apply the foregoing provision with respect to the damaged and the consignee shall receive those which are sound, making this segregation by different pieces and loose, and without dividing a single object, unless the consignee proves the impossibility of the use of them conveniently in this way.
The same rule applies to merchandise packaged, with distinction of the bundles that appear unharmed.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 361.- Time limit for claims for damages and malfunctions
Within twenty-four hours following the receipt of the goods may be made to the claim against the carrier for damage or breakdown that can be found in them when you open the packages; with such that they do not know outside of these signs of damage or failure that give reason to the claim, in which case it will only be permitted in the event of the receipt.
After the terms expressed and / or paid the postage, do not accept any claim against the carrier based on the state in which he delivered the genres transported material.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 362.- Survey to determine the status of the effects
If they were occurring questions and answers between the consignee and the carrier based on the state in which they are the effects transported to the time of taking the first delivery, it will be the latter recognized by experts appointed by the parties, and a third party in the event of a dispute, appointed by the judicial authority, becoming noted for writing the result; and if the interested parties do not conformaren with the opinion of the expert and do not transigieren their differences, we will proceed by such authority to the deposit of the goods in safe storage and use of your right as appropriate.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 363.- Liability for delay in delivery of the effects
The carrier shall deliver promptly or compromised any of the consignee, the effects that it has received, by the mere fact of being designated in the bill of lading to receive them; and not to do so, you will be responsible for the damages that it caused.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 364.- Deposit in court of the effects
Not being the consignee at the address stated in the bill of lading, to refuse the payment of freight and charges, or refusing to receive the effects, would provide a deposit, the Judge of the 1st instance, and where there are any, the peace, at the disposal of the shipper or sender; without prejudice to a third party of a better title, this deposit having all the effects of the delivery.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 365.- Compensation for out-of-delivery term
Having fixed time period for delivery of the genres, it should be done within him; and in default shall pay the carrier the compensation agreed to in the consignment note, without which the shipper nor the consignee is entitled to anything else.
If no compensation is agreed, it shall be liable for the damages caused by the delay.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 366.- Abandonment of the transported items
In cases of delay through the fault of the carrier, referred to in the preceding articles, the consignee may leave the account that the transported items, upon notice in writing before the arrival of the same at the point of their destination.
When that occurs this neglect, the carrier will satisfy the total amount of the effects as if they had been lost or misplaced.
Not confirming the abandonment, the liquidated damages for delay shall not exceed the current price which the transported items they would have in the day and in the place that should be delivered; by observing the same thing in all other cases in which this compensation is due.(*)
(*) Article repealed by the Article 278published on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 367.- Valuation of the effects of missing or lost
The valuation of the effects that the carrier must be paid in cases of loss or theft, shall be determined according to what is stated in the consignment note, without admitting to the charger evidence that, among the genre she declared, had objects of different value and cash money.
The horses, carriages, boats, gear, and all the other main and accessory transport, will be especially required for the shipper; while in regard to the railways, such obligation shall be subordinate to what prescribed by the laws of concession with respect to the property, and that this Code sets on the way and how to make the garnishments and withholdings against the expressed companies.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 368.- Joint and several liability of the carriers
The carrier who makes the delivery of the goods to the consignee by virtue of agreements or combined services with other carriers shall assume the obligations of those who have preceded us in the driving; except for his right to take action against them, if it was not him directly responsible for the failure that caused the claim to the shipper or consignee.
Assume also the carrier who makes the delivery, all the actions and rights of those who have preceded us in the driving.
The sender and the consignee will have expedited his rights against the carrier who have consented to the contract of carriage, or against the other carriers who have received without reserve with the effects being transported.
The bookings made by the last will not be released, however, the liability that may be incurred by their own acts.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 369.- Judicial sale in the event of default in the payment
The consignees to whom it has been made of the consignment, will not be able to defer the payment of the costs and freight of the genres that they receive you, after twenty-four hours following their delivery; and, in case of delay in this payment, the carrier demand the judicial sale of genres that led, in a quantity sufficient to cover the price of the transport and of the expenses had been met.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 370.- The right of preference of payment
The effects ported will be especially bound to the responsibility of the transportation costs, and expenses, and rights caused by them during driving or until the moment of its delivery.
This special right shall prescribe eight days after delivery; and once prescribed, the carrier shall not have another action that will correspond as a general creditor.(*)
Matches:
C. C. art. 1989, 2000;
C. C. 270, 371, 678, 680.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 371.- No interruption of the right of preference to the payment
The preference of the carrier to the payment of what is due for the transportation and expenses of the effects delivered to the consignee, is not interrupted by the bankruptcy of the latter, provided that claimed within eight days expressed in the precedent article.(*)
Matches:
C. C. art. 270, 370, 680.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 372.- Liability of the carrier by omission of formalities
The carrier shall be responsible of all consequences which might lead to its failure to comply with the formalities prescribed by the laws and regulations of the public Administration, in the whole course of the journey and on arrival to the point to where they are intended, except when lack of it came from having been misled by falsehood of the charger in the declaration of goods.
If the carrier has been under formal order of the shipper or the consignee of the goods, both incur responsibility.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 373.- Particular record of realtors
The agents of transport shall be required to maintain a particular record, with the formalities required by article 36; in the which be in progressive order of numbers and dates, all the effects of which transport handle, with expression of the circumstances required in the articles 346º and following to the respective letters of lading.(*)
Matches:
C. C. arts. 36, 346.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 374.- Extensive application to contracts with asentistas and brokers
The provisions contained from the article 344º hereinafter, it will be considered in the same way that, even when it's not made for themselves the transport of the effects of trade, contrataren do so by means of others, either as asentistas of a particular operation and determined, or as agents of transport and pipelines.
In any of both cases will be subrogated in the place of the same porters, as well as to the duties and responsibilities of these, as with regard to their right.(*)
Matches:
C. C. art. 344 ff.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000derogación that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
INSURANCE CONTRACTS
THE CONTRACT OF INSURANCE IN GENERAL
Article 375.- A commercial character of the contract of insurance
It will be commercial by the insurance contract, if any trader to the insurer, and the contract at a fixed premium, or when the insurer meets a one-time fee or constant, as the price or reimbursement of the insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 376.- The nullity of the contract of insurance
It will be void the entire contract of insurance:
1) By the proven bad faith of any of the parties at the time of the conclusion of the contract.
2) By the inaccurate declaration of the insured, even though made in good faith, provided that it can influence the estimation of the risks.
3) By the omission or concealment by the insured, of facts or circumstances that could influence the conclusion of the contract.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. V. T. P.; art. 219 inc. 7.
Article 377.- Formalities of the contract
The insurance contract shall be in writing, in policy or in another public or private document signed by the contracting parties.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 1352.
Article 378.- Contents of the policy
The policy of the insurance contract must contain:
1) The names of the insurer and the insured.
2) The concept in that it ensures.
3) The designation and location of the insured object, and the directions that may be necessary to determine the nature of the risks.
4) The sum at which they valued objects of insurance; descomponiéndola in partial sums, according to the different classes of objects.
5) The fee or premium is obliged to meet the insured, signature, and the amount of payment and the place that need to be checked.
6) The duration of the insurance.
7) the day and hour from starting the purposes of the contract.
8) The insurance already existing on the same objects.
9) other covenants as may be agreed upon by the contracting parties.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 379.- Novation and amendment of the contract
The novations that are made in the contract during the term of the insurance, increasing the insured objects, extending the insurance to new risks, reducing them or the amount insured, or by entering any essential modification, are recorded precisely in the insurance policy.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 1277, and ss.
Article 380.- Regulatory regime of the contract
The insurance contract shall be governed by the agreements lawful entered on each policy or document, and, in his default, by the rules contained in this section.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this title"for"this section".
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 375 ff; C. C. art. 1353.
FIRE INSURANCE
Article 381.- The object of the contract
You may be the subject of the contract of fire insurance, all movable or immovable property which may be destroyed or damaged by fire.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 382.- Goods excluded
Shall be excepted from this rule, titles, or business documents, the State or private individuals, actions, and obligations of companies, precious metals and stones, amonedados or pasta, and art objects; to not be expressly pactare otherwise, determining in the policy, the value and circumstances of such objects.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 383.- Payment of the premium
In the contract of fire insurance, for which the insurer is bound, you must have perceived the single premium as agreed upon, or the partial in the time limits that have been set.
The insurance premium is paid in advance, and the payment will make yours the underwriter, either the duration of the insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 384.- Arrears in the payment of the premium
If the insured tarried so long in the payment of the premium, the insurer may cancel the contract within forty eight hours, communicating immediately its resolution to the insured.
If you not do this right, it will be understood in the contract, and will take executive action to require the payment of a premium or premiums as they fall due.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 385.- Proof of the existence of the goods
The sums in which to appraise the effects of the insurance, the premiums paid by the insured, the designations and the valuations contained in the policy, shall not constitute by itself a proof of the existence of the effects insured at the time and in the location in which occurs the fire.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 386.- Cancellation of the contract by the substitution of objects
The substitution or change of the insured objects, by others of a different genus or species covered by insurance, will void the contract, counting from the time it was made the replacement.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 387.- Termination of the contract due to the transformation of objects
The alteration or transformation of the insured objects, by a fortuitous event or by the fact of a third person, shall be entitled to any of the parties to terminate the contract.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 388.- Coverage of the fire insurance
The fire insurance shall cover the repair or compensation of all damage and loss of material caused by the direct action of fire and by the inevitable consequences of the fire, and in particular:
1) expenses caused to the insured the transport of the effects in order to save them.
2) The damage suffered by these same objects saved.
3) damage resulting from the measures taken by the authority in the subject of the insurance, to cut or to extinguish the fire.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 389.- Risks excluded
In insurance against accidents, weather, explosions or gas appliances of steam, the insurer is only liable for the consequences of the fire that those accidents incurred, unless otherwise stated.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 390.- Not including lost profits
The fire insurance, he will not understand unless otherwise agreed, the damages that may be traced to the policyholder for the suspension of work, stoppage of industry, suspension of the yields of the farm burned down, or any other similar causes that result in losses or losses.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 391.- Cases in which it operates and in which it does not operate coverage
The insurer will guarantee to the insured against the effects of fire, either arising from a fortuitous event, either malquerencia of strangers, or of negligence, or of the persons of whom respond civilly.
The insurer shall not be liable for fires caused by the criminal act of the insured, or by military force in case of war, nor of those who cause riots popular, as well as those produced by volcanic eruptions and earthquakes.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 1315, 1318, 1319, 1320, 1684.
Article 392.- Limits of warranty
The insurance guarantee is only extended to the insured objects and on the site of what may be, and shall in no event exceed its the responsibility of the sum that is valued objects or estimated risks.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 393.- Situations communicable to the insurer
The insured shall give account to the insurer:
1) Of all the insurance, before, simultaneously or later concluded;
2) Of the modifications that have suffered the insurance that is expressed in the policy;
3) Of the changes and alterations in quality that have suffered the insured objects and to increase the risks.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 394.- Prohibition of reinsurance. Exception
The effects insured for their full value may not be so for the second time, as long as they remain the first insurance; except for the case in which the new insurers to guarantee or secure the performance of the contract concluded with the first named insured.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 395.- Compensation on a pro rata basis and partial assignment insurance
If in different contracts, the same object has been insured for a portion of its value, the underwriters will contribute to the compensation on a pro rata basis of the sums assured.
The insurer may assign to other insurers party or parties to the insurance; but being obliged to directly or exclusively with the insured.
In cases of transfer of part of the insurance, or reinsurance, the assignees, to receive a pro-rata portion of the premium shall be obliged, with respect to the first insurer, to contribute in equal proportion to compensation, assuming the responsibility for the arrangements, transactions and agreements that are selected by the insured and the primary or first insurer.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 762;
C. C. art. 1206 ff.
Article 396.- Effects of the death, liquidation or bankruptcy of the insured
Death, liquidation or bankruptcy of the insured, and the sale or transfer of the effects, it will void the insurance, if any property the insured object.
Death, liquidation or bankruptcy of the insured, and the sale or transfer of the effects, if the object insured is furniture, factory or shop, the insurer may terminate the contract.
In the event of termination, the insurer must make it known to the insured or their representatives, within a period of fifteen days.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 397.- Nullity for lack of notice of the death, liquidation, or bankruptcy
If the insured or his or her representative would not be known to the insurer of any of the events listed in the second paragraph of the preceding article, within the period of fifteen days, the contract shall be void from the date on which those facts occurred.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 398.- Guarantee of the payment of the premium
The movable property be subject to the payment of the insurance premium, with preference to any other credits expired.
In terms of real estate, will be available to the law of Registration of real property.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 399.- Communication in the event of a claim
In the event of a claim, the insured must participarlo immediately to the insurer; to provide also to the justice of the Peace a statement supportive of the objects existing at the time of the claim and of the effects saved, as well as the amount of the loss suffered, according to your estimation.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 400.- Test of the pre-existence of the insured object
The insured is the responsibility to justify the damage, testing the pre-existence of the objects before the fire.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 401.- Valuation expert of the damage
The valuation of the damage caused by fire, shall be fixed by experts in the form as set out in the policy, by agreement concluded by the parties, or, failing that, pursuant to the provisions of the Code of criminal Prosecutions and Civil.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. P. C. art. 262 ff.
Article 402.- Content of the expert opinion
The experts decide:
1) On the causes of the fire.
2) About the real value of the insured objects on the day of the fire, before it has taken place.
3) On the value of the same objects after the incident, and about everything else that is to submit to his judgment.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 403.- Difference between the value of the asset and the amount of the insurance
If the value of the thing object of the insurance is greater than the amount of it, will be considered to be the insured as the insurer for the difference; and in consequence, the value of the losses and expenses shall be charged to the insurer and the insured in the same proportion in which they are the value of the thing and the amount of the insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 404.- Time for the fulfilment of the compensation
The insurer will be obliged to pay the compensation fixed by the experts, in the ten days following your decision, once consented.
In the event of a delay, the insurer will pay the insured the legal interest on the amount due from the expiration of the term expressed.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 405.- Merit executive of the expert opinion
The decision of the expert shall be enforceable against the insured, without any other requirement, if it is given before a notary public, and, prior judicial recognition of the signatures and truth of the document otherwise.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 406.- Insurer's options
The insurer will, in the ten days laid down in article 404, between indemnify the loss or repair, rebuild or replace, according to their genus or species, in whole or in part, the insured objects and destroyed by the fire.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 407.- Acquisition of effects saved
The insurer may acquire for himself the effects saved, always pay the insured for the actual value, subject to the appraisal that is the case 2, section 402.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 408.- The right of subrogation of the insurer
The insurer, paid the compensation, it shall be subrogated in the rights and actions of the insured against all of the authors or persons responsible for the fire, for any character and title that is.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 1486, 1260, and ss.
Article 409.- Ability of the insurer to terminate the contract by accident further
The insurer, after the incident, may terminate the contract for accidents further, as well as any other that has been made with the same insured, to warn him fifteen days in advance and giving you the part of the premium corresponding to the period not elapsed.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 410.- Expenses of the expert valuation and payment of compensation
Expenses occasioned by the expert valuation and settlement of the compensation will be paid for by, for half of the insured and the insurer, but if there is any exaggeration to manifest damage on the part of the insured, it will be solely responsible for them.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
LIFE INSURANCE
Article 411.- Modes of life insurance
Life insurance shall cover all the combinations that can be made to schedule delivery of premium or delivery of capital to change to enjoy the experience of a life annuity or up to a certain age, or perceive of capitals to the death of person a certain, in favor of the insured person, his successor in title, or a third party, and any other combination similar or analogous.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 302 inc. 4, 1923, and ss.
Article 412.- Requirements of the policy
The policy of life insurance shall contain, in addition to the requirements of article 378, the following:
1) Expression of the amount that ensures, in capital or income;
2) an Expression of the increase or decrease of the capital or income insured, and the dates from which they must be those increases or disminuciones.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the number"392"with the"378".
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. 378;
Article 413.- Character unrestricted contract
To be entered into this contract of insurance for the life of an individual or of several, without exception of age, condition, sex or state of health.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 414.- Insurance in favor of a third person
Be the insurance in favor of a third person, to be expressed in the policy, the name, surname and conditions of the donee or insured person, or determinándola otherwise undoubted.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 532 inc. 6, 1457, and ss.
Article 415.- The obligation of the insurer to the compliance
Which secure it to a third person is required to comply with the terms of the insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 416.- Rights and obligations of the insured
Only the secure and to engage directly with the insurance company, shall be obliged to the performance of the contract as the insured and the delivery consequent to the capital, already meet the single share, as the partial that have been provided.
The policy, however, will entitle the insured person to demand from the insurance company for the performance of the contract.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 417.- Life insurance coverage
Only shall be covered by the insurance on the life of the risks that are specific and limited to be listed in the policy.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 378, 412;
Article 418.- Accident occurred in a state moratorium
The insured to delay the delivery of the capital or of the fee agreed upon, shall not be entitled to claim the amount of the insurance or the amount insured, if there is the loss, or if they fulfil the condition of the contract it was discovered.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 419.- Personal insurance policy
The amounts that the insurer must provide the insured person, in compliance with the contract, shall be the property of it, even against the claims of heirs and creditors of any class that has made the insurance in favor of the latter.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 420.- Insolvency or bankruptcy of the insured
The insolvency or bankruptcy of the insured does not annul or rescind the contract of life insurance; but it may be reduced, at the request of the legitimate representatives of the bankruptcy, or liquidation in the terms set out in the policy.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 421.- Endorsement of the insurance policies
The insurance policies on the life, once delivered to the capital and met the membership fees forced the insured, shall be endorsed estampándose the endorsement on the same policy, and pretending to know to the company by the transferor by letter of attorney.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Article 422.- Insurance policy number and period fixed
The insurance policy on the life, that has fixed amount and deadline for delivery, as in favor of the insured, the insurer, will executive action in respect of both.
The insurance company, on the expiry of the term fixed in the policy for the payment of the premium, you may also withdraw from the contract; to communicate their resolution in a term not to exceed twenty days following the expiration, and leaving only the benefit of the insured the amount of the premiums paid, unless otherwise agreed.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. P. C. art. 688 ff.
INSURANCE OF LAND TRANSPORT
Article 423.- The object of the contract
May be the subject of the contract of insurance against risks of transport, all the effects transportable by their own means of terrestrial locomotion.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. 344.
Article 424.- Requirements of the policy
In addition to the requirements that you must have the policy, according to the article 378º, the transport insurance shall contain:
1) The company or person who is in charge of the transport.
2) The specific qualities of the effects insured, with expression of the number of packages and the brands they have.
3) the designation of The point at which they receive the genres insured and you have to make the delivery.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 378;
Article 425.- People have the authority to ensure
Will be able to ensure, not only the owners of the goods transported, but all who have an interest and responsibility in their conservation, expressed in the policy, the concept of hire insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 344, 345.
Article 426.- Coverage of the contract of insurance of transport
The contract of insurance of transport shall include all kinds of risks, is either the cause that originates; but the insurer is not liable for the deterioration caused by inherent vice of the thing or by course of time, unless agreed otherwise.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. arts. 344, 357.
Article 427.- Justification court in the event of damage to merchandise
In cases of deterioration due to a defect of the thing or course of time, the insurer will justify judicially the status of the goods insured, within twenty-four hours following their arrival at the place in which they are to be delivered.
Without this justification will not be admissible except that intends to absolve themselves of responsibility as insurer.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 361.
Article 428.- The right of subrogation of the insurer
Insurers subrogarán on the rights of the policyholders, to repeat against the porters, the damage of which they are responsible, in accordance with the requirements of this Code.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 1260 and ss.
OF THE OTHER CLASSES OF INSURANCE
Article 429.- Insurance on another kind of risk
You can also be the object of the contract of insurance companies, any other kinds of risks that arise from acts of god or accidents; natural and covenants that the allocation must be met, provided that they are lawful and comply with the requirements of the first section of this title(*) NOTE SPIJ.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"the first section of this title,"for"the first title of this section".
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 375;
D. Lgs. 770 art. 20.
OF THE GUARANTEES COMMERCIAL
Article 430.- It will be reputed mercantile all entrenchment that was intended to ensure the enforcement of a commercial contract, even when the co-signer is not a trader.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 431.- The strengthening commercial matters must be stated in writing, without which it will have no value or effect.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 432.- The strengthening mercantile will be free of charge, unless otherwise stated.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
Article 433.- In the contracts for an indefinite time, agreed a fee to the guarantor, will stand bail until, by the completion of the main contract that is settled, cancelled definitely the obligations that are born of him, regardless of their duration, unless by express agreement to any fixed-term deposit.(*)
(*) Article repealed by the Article 2112 of the Italian Legislative Decree No. 295published on 25 July 1984.
THE LYRICS FOR ANY COMMERCIAL OR CHANGE (*)
(*) Section Xderogada by the Article 214 of the Act No. 16587published on 22 June 1967.
VOUCHERS AND NOTES TO THE ORDER, AND OF THE MANDATES OF PAYMENTS CALLED CHECKS (*)
(*) Section XIderogada by the Article 214 of the Act No. 16587published on 22 June 1967.
THE EFFECTS ON THE BEARER, AND OF THE FALSEHOOD, THEFT, LARCENY, OR THEFT OF THE SAME (*)
(*) Section XIIderogada by the Article 214 of the Act No. 16587enacted the 15-06-67.
SECTION XIII
LETTERS-ORDERS CREDIT
Article 557.- Concept
They are letters-orders, credit issued from dealer to dealer, or to attend a business transaction.
Matches:
D. Lgs. 770 art. 246 inc. f), 313.
Article 558.- Essential conditions
The essential conditions of the letters-orders of the credit, shall be:
1) Issued in favour of a particular person, and not the order.
2) Collapse to a fixed amount and specific, or to one or more quantities of undetermined; but all covered in a maximum, whose boundary it has to be noted precisely.
Those who do not have some of these latter circumstances, will be considered as single letters of recommendation.
Article 559.- Binding force and impossibility of protest
The giver of a letter of credit shall be obliged to the person in whose charge he gave, by the amount paid under it, within the maximum set in the same.
The letters-orders, credit will not be protestadas, even when you are not paid, or the bearer of them will acquire any action by the foul against the one who gave it to him.
The payer shall have the right to require verification of the identity of the person in whose favor it was issued the letter of credit.
Article 560.- Cancellation of the letter of credit
The giver of a letter of credit may be cancelled, putting him in knowledge of the carrier and of him to whom it is addressed.
Article 561.- Refund of the amount received
The bearer of a letter of credit shall promptly refund to the giver, the amount received.
If not done so, it may be requested by executive action, with the legal interest rate and the change in current in the square in which the payment was made, about the place that check the refund.
Article 562.- Annulment of the charter not to use
If the bearer of a letter of credit has not made use of it in the term agreed with the giver of the same, or, in the absence of fixation of term, in the twelve months from its date, shall be null and void of law and fact.
THE CONTRACT OF CURRENT ACCOUNT MERCANTILE AND BANKING
Article 563.-
There is a contract of current account trade, when two people have to give each other reciprocal values, they convert their credits in games of"Must"and"Have", so you will only be required the final difference from the settlement.
Matches:
D. Lgs. 770 art. 298 ff.
Article 564.- The object of the current account
All negotiations between merchants, residents or not in the same place, or between a trader and another that is not, and all values-communicable diseases in the property, may be the subject of the current account.
Article 565.- Novation in the current account
The admission in the current account of values previously due, by one of the contracting parties, on the other, produces a novation of the existing contract. There is also a novation in all credit of one against the other, of any nature and date, if the credit goes to a current account; except that the creditor or debtor to make a formal reservation of their rights.
If there is no express reservation, until the moment in which the sum or value becomes the property of the other contracting party, the admission in the current account are presumed to be made pure and simple.
Matches:
C. C. art. 1277, and ss.
Article 566.- Inimputabilidad and inexgibilidad of values sent and received
The values sent and received in the current account, are not attributable to the payment of the items in part that it comprises, nor are enforceable during the course of the account.
Article 567.- Characters of the current account
It is of the nature of the current account:
1) the values and effects received are transferred in property that receives it.
2) That the credit granted by remittance of the purposes or values of trade, carries the condition that they are paid when due.
3) it is compulsory compensation between the Must and the Be.
4) That all values of the credit and debit occur interests, unless otherwise specified.
5) That the final balance is payable upon acceptance, not to be that the debtor had remitted sums potential to match or exceed that of the balance, or that the stakeholders have agreed to pass it to new account.
Matches:
C. C. art. 1288 et seq., 1242 and ss;
D. Lgs. 770 art. 304.
Article 568.- Credit granted for remittances
While not complied with the condition of the second paragraph of the preceding article, the operation will be considered as provisional, until the coming into box values, unless expressly agreed otherwise. If it breaks the sender, before you performed the settings, which you have received, you can cancel the credit that has open, applying the necessary amount to cover it, with more legitimate expenses and protest that has had the need to do, and closing definitely the account.
Article 569.- A right of remuneration and reimbursement
The existence of the contract of current account does not exclude the right to any compensation and reimbursement of expenses to it concerning.
Article 570.- Objects are not susceptible of compensation, commercial
The sums or values assigned to a particular object, or to be taken to the special order of the shipper, they are no strangers to the current account, and are not susceptible of compensation, commercial.
Article 571.- Scope of the embargo on current account
Attachments or retentions ordered on the current account, whether it is commercial or banking, are effective only in respect of the balance is the even determined, in the account, in favor of the defendant against whom they are directed.
Matches:
D. Lgs. 770 art. 302;
C. P. C. arts. 608 ff.
Article 572.- Consideration of the balance as capital
The balance partial or final will be considered as a productive capital of interest to you, unless otherwise agreed.
Matches:
C. C. arts. 1242 and ss;
D. Lgs. 770 art. 304.
Article 573.- Warranty for the balance
The balance can be secured with a deposit, pledge or mortgage, according to the conventions of the parties, before or during the course of the account.
Matches:
C. C. arts. 1055 and seq, 1097 and ss, 1868, and ss;
C. C. art. 315 ff.
D. Lgs. 770 art. 305.
Article 574.- Covenants are supported in the current account
The parties can determine the age of the balances partial, the interest rate, the compounding periods not less than six months, the commission may see fit, and agree to all of the other conditions of accessory that are not prohibited by law.
Matches:
C. C. art. 1242 and ss, 1249, 1250
Article 575.- Proof of the contract of current account
The existence of the contract of current account, you may be attested by any means of proof recognised by the law, with the exception of the witnesses.
Matches:
D. Lgs. 770 art. 298
C. P. C. art. 188 ff.
Article 576.- Conclusion of the current account
The current account merchant or bank, concludes: on the expiry of the time limit that has been set, by the will of one of the parties, by bankruptcy, ban or death of any of them.
Article 577.- Opportunity in that it determines the quality of creditor and debtor
Prior to that the current account is closed, none of the interested parties will be considered as a creditor or debtor of the other; and only once closed, it is when the state sets of the legal relationships between the parties, is entitled to the compensation of the debit with the credit, and is determined by the person of the creditor and the debtor.
Article 578.- Term of limitation of actions on current account
The action to request the agreement of the current account, the payment of the balance law or otherwise stated, or the correction for errors, omissions, foreign items or improperly carried to the debit or credit, or by duplication of the games, is time-barred five years after it passed the account or accepted by the balance of it.
At the same time prescribed in the interests of balance, provided that they are payable for the year or for shorter periods.
Matches:
C. C. art. 2000.
Article 579.- Current account overdraft
The current bank account, it is discovered, when the Bank under warranty or not, makes advances of money; or with the provision of funds, when the client has deposited in him.
Matches:
C. C. art. 585.
Article 580.- The current bank account will be closed when required by the bank or the customer, prior notice to you ten days in advance, except convention to the contrary.(*)
(*) Article repealed by the Sixteenth Final Disposition of the Legislative Decree No. 770published on 31-10-93.
Article 581.- Within eight days of the end of each semester or period agreed settlement, the banks should pass on to clients their checking accounts, asking them for their conformity written, and this or the observations to which they are entitled shall be made within a period of thirty days, when customers residing in the place in which is set by the bank, and of sixty days that they live in another place, counted from the day the customer receive their respective liquidation.
If, during such periods, not answered by the customer, shall be deemed to have recognized the accounts in the form presented, and their balances debtors or creditors shall be final and enforceable as a liquid amount on the date of the account.
For such a balance may be the creditor turn against the debtor a letter to the view, stating in it the reason for the turn, and, if it be protested for non-payment, is made in such a protest, the executive action, according to the law of September 28, 1896.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"in the said protest,"by"with the protest".
(*) Article repealed by the Sixteenth Final Disposition of the Legislative Decree No. 770published on 31-10-93.
Article 582.- To all that have current account in a Bank, should he give an address book, in which shall be recorded by the Bank, the amounts deposited and on the respective date, the sum of the spins or extractions, and the dates are checked.(*)
(*) Article repealed by the Sixteenth Final Disposition of the Legislative Decree No. 770published on 31-10-93.
Article 583.- In current accounts, the interest will be capitalized by semesters, unless otherwise specified.(*)
(*) Article repealed by the Sixteenth Final Disposition of the Legislative Decree No. 770published on 31-10-93.
Article 584.- Interest, fees and other covenants
The parties shall establish the rate of interest, commission and all other clauses that establish the legal relationship between the customer and the bank.
Matches:
C. C. art. 1242 and ss.
Article 585.- Current account with the provision of funds
When the current account is set with the provision of funds, the balance of such account shall be considered as a deposit, to the order of the mighty.
Matches:
C. C. art. 579.
BOOK THREE
THE TRADING MARITIMO
SECTION FIRST
OF SHIPS
Article 586.- Merchant ships
Merchant vessels constitute a property that you will be able to acquire and transmit by any means recognized in the law. The acquisition of a vessel must be stated in a written document, which will produce no effect with respect to third party, if you do not enroll in the Commercial Register.
Also will acquire ownership of a vessel for possession of good faith, continued for three years, with just title duly registered.
Missing any of these requirements, you will need to possession continued for ten years to acquire the property.
The captain may not acquire by prescription the ship to send.
Matches:
C. C. arts. 1352, 950, and ss;
C. C. arts. 17, 591;
R. I. arts. 196 ff.
Article 587.- Construction of ships and shipping
The builders of the vessels may employ the materials and follow, in regard to its construction and rigging, the systems that suit their interests. The shipowners ' and seafarers shall be subject to the laws and regulations of the public administration have about navigation, customs, health, safety of the ships and other objects of a similar nature.
Article 588.- Right of pre-emption
The participants in the ownership of a vessel shall enjoy the right of pre-emption on sales made to strangers, but can only use it within the nine days following the registration of the sale in the Registry, and stating the price in the act.
Matches:
C. C. arts. 969 ss, 1592 and ss;
C. C. art. 605.
Article 589.- Accessories included in the sale of the ship
You will understand always included in the sale of the vessel, rigging, parts, gear and machine, if it be steam, belonging to it, who are currently in the domain from the seller.
Not be deemed to be included in the sale, the arms, munitions of war, supplies, and fuel.
The seller shall have the obligation to deliver to the buyer the certification of the sheet of registration of the vessel in the Registry, up to the date of the sale.
Matches:
C. C. art. 887, 888, 889, 1549, and ss.
Article 590.- Obligations are transmissible by the sale of the ship
If the alienation of the vessel to be verified to be in travel, will accrue to the buyer all the freight that devengare in it since it received the last shipment, and will be in your account the payment of the crew and other individuals who make up your allocation to the same trip.
If the sale is made after you have arrived to the port of their destination, they will belong to the freight to the seller, and will be in your account the payment of the crew and other individuals that make up its endowment, except in one case and the other the contrary.
Article 591.- Formalities for the sale of the vessel
If finding the ship on the trip or in a foreign port, the owner or owners what enajenaren voluntarily, either to citizens and foreigners with residence in capital or port of another nation, the deed of sale will be awarded to the consul of Peru's port in which to take the trip, and said deed shall not take effect in respect of a third party, if you do not enroll in the Registry of the consulate. The consul will be transmitted immediately authentic copy of the deed of purchase and sale of the ship to the commercial Register of the port in which it is found registered and enrolled.
In all cases, the sale of the vessel must be stated, with the expression of if the seller receives all or part of its price, or if in part or in whole retains some credit on the same ship. For the case that the sale is made to a peruvian citizen, shall record the fact in the patent of navigation.
When, when the ship on the trip, you inutilizare to sail, attend the captain to the Judge or Court of competent jurisdiction of the port of arrival, if this is peruvian; and if it be a stranger, the consul of Peru, if any, to the Judge or Court or to the local authority, where the former do not exist; and the consul, or the Judge or Court, or in his absence, the local authority will proceed to the recognition of the vessel.
However, if you resided at that point, the consignee or the insurer, or were there representatives, must be summoned to intervene in the proceedings, for account of whom it may concern.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 586
Article 592.- Auction sale of vessel damaged
Checked the damage of the ship and the impossibility of their rehabilitation; to continue the journey, he will decree the sale in a public auction, subject to the following rules:
1) will Be appraised prior inventory, the hull of the vessel, its tackle, machinery, gear, and other objects, easing the knowledge of these proceedings to those who wish to take an interest in the auction.
2) The auto or decree that orders the auction will be fixed at the sites of habit; as part of its announcement in the newspapers of the port where you check the act, if any, and in others as determined by the Court.
The term fixed for the auction may not be less than twenty days.
3) These announcements will be repeated ten days and will attest to its publication in the record.
4) We will verify the auction on the day appointed, with the formalities prescribed in the common law for foreclosure sales.
5) If the sale was verified to be the ship in the stranger, observe the special requirements that apply to these cases.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"court"with"judge".
Matches:
C. P. C. art. 725 and ss;
C. C. art. 593, 594, 595, 596, 597.
Article 593.- Priority in the judicial sale of a vessel
In all judicial sale of a vessel for the payment of creditors, shall have precedence in the order in which they are listed:
1) The claims in favor of the Public Treasury, which is justified by official certification of competent authority.
2) The legal costs of the procedure, according to an appraisal approved by the Judge or Court.
3) the rights of The deck, the tonnage and the sea or other ports, justified with certifications quite a few of the heads in charge of the collection.
4) The salaries of custodians and guardians of the vessel, and any other charges applied to their conservation since the entry into the port until the sale, they are satisfied or owed under justified and approved by the Judge or Court.(*)
5) The rental depot where you have kept the rig and gear of the ship, according to the contract.
6) The wages owed to the captain and crew on his last trip, which will be verified by means of settlement that is made in view of the roles and of the books of account and reason of the vessel, approved by the head of the branch of the merchant navy, where any, and in his default, by the consul or magistrate or Court.
7) The reimbursement of the effects of the loading that has sold the captain to repair the ship; provided that the sale record ordered by the court to held with the formalities required in such cases, and listed in the certification of registration of the vessel.
8) The part of the price that has not satisfied the last seller, the credits pending payment for material and labor for the construction of the ship, when they had not sailed, and those arising from repair and equip the vessel and provide food and fuel on the last trip.
To enjoy this preference appropriations contained in the present number, must be evidenced by a contract registered in the commercial Registry; or if they be of those made to the ship while on a trip and not having returned to the port of your registration, be protected with the required authorization for such cases, and noted in the certification of registration of the same vessel.
9) The amounts taken to the thick, on the hull and the keel, rig, and accoutrements of the ship prior to your departure, justified with the contracts awarded according to law and noted in the Record business, which has taken during the trip with the permission as stated in the previous number, filling the same requirements; and the premium will be credited with the policy, contract or certificate taken from the books of the broker.
10) The compensation due to the chargers by the value of the genres shipped that were not delivered to the consignees, or damage suffered that is responsible for the vessel, provided that a and others recorded in a judgment of a court or arbitral tribunal.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in subsection 4 of this article, the word"adequate"with"due"
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. arts. 592, 594, 595, 596, 597, 680;
L. R. E. art. 7.
Article 594.- Distribution pro rata to the remaining
If the proceeds of the sale be not able to restore to pay all of the creditors included in the same number or rank, the remainder shall be divided among them pro rata.
Matches:
C. C. arts. 592, 593, 595, 596, 597.
Article 595.- Effects of the judicial sale of the vessel
Issued and registered in the commercial Register the deed of sale is made at public auction, will be deemed to have been extinguished all the other responsibilities of the vessel in favour of the creditors.
But if the sale is voluntary, and it has been made while in journey, the creditors shall retain their rights against the vessel until it returns to the port of registry, and three months after the registration of the sale in the Registry or in the back.
Matches:
C. C. arts. 592, 593, 594, 596, 597;
R. I. art. 220
Article 596.- Formalities of contract obligations prior to the judicial sale of the vessel
If you met in the trip I need the captain to contract any of the obligations expressed in the numbers 8) and (9) of article 593, go to the judge in court, if it were in peruvian territory; and if not, the consul of Peru, if any, and in his absence, the judge or court or local authority; presenting the certification of the registration form referred to in article 625, and the documents evidencing the obligation.
The judge or Court, the consul or the local authority in their case, in view of the result of the dossier instructed, will at the certification of the annotation interim of your result, that is formalized in the Log when the vessel arrives at the port of its registration; or to be admitted as a legal and a reference obligation in the case of sale prior to your return, for having sold the vessel to the cause of the declaration of incapacity for you to browse.
The omission of this formality shall be imposed to the captain of the personal liability of credit affected by your cause.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. arts. 624, 625, inc. 9, 733; 592, 593, 594, 595, 597.
Article 597.- However, and judicial sale of the vessel
Ships subject to the liability of the claims expressed in the article 593, may be seized and sold legally in the form prevented in the article 592, at the port they are in, at the instance of any of the creditors; but if they are loaded and dispatched to take to sea, you may not be checked, however, but by debts owed to aprestar and avituallar the ship at that same trip; and even then shall cease, however, that if any interested in the expedition to give bond that will return the vessel within the time period specified in the patent, and is obliged, on the contrary, though it be of god, to satisfy the debt as long as it is legitimate.
For the debts of another class any, are not included in the quoted article 593, may only be seized the vessel at the port of registration.
Matches:
C. C. arts. 592, 593, 594, 595, 596.
Article 598.- Condition of the ship as a good furniture
For all purposes of law over which it is made, modification or restriction by the precepts of this Code, shall continue to ship your condition of goods.
Matches:
C. C. arts. 885 inc. 4, 886.
OF THE PEOPLE INVOLVED IN THE TRADING MARITIMO
THE OWNERS OF THE VESSEL AND THE SHIPPING
Article 599.- The responsibility of the owner and of the shipowner for acts of the captain
The owner of the ship and the shipowner shall be liable for the acts of the captain and the obligations owed by the latter to repair, enable, and avituallar the vessel, provided the creditor demonstrates that the amount claimed was invested for the benefit of the same.
It is understood by the shipowner, the person in charge of avituallar or representing the vessel in the port in which it is found.
Matches:
C. C. arts. 1314 and ss, 1969, and ss;
C. C. art. 600.
Article 600.- Responsibility of the shipping in favour of a third party
The shipping agent shall also be civilly liable for the indemnities in favor of third parties, to give place to the conduct of the captain in the custody of the effects carried on the vessel; but he may exempt himself from it, by abandoning the vessel with all their belongings, and of the freight that has accrued during the trip.
Matches:
C. C. arts. 1314 and ss, 1969, and ss;
C. C. art. 599.
Article 601.- Waiver of landlord's responsibility and shipping
Neither the shipowner or the shipowner will be liable for the obligations they had contracted the captain, if this is excediere of the functions and powers vested by reason of his position, or you were issued by them.
However, if the amount claimed was invested for the benefit of the vessel, the responsibility of its owner or owner.
Article 602.- Constitution alleged company between co-owners
If two or more people are involved in the property of a merchant vessel, shall be presumed to have incorporated a company by the owners.
This company will be governed by the resolutions of the majority of its partners.
Constitute a majority of the relative of the members voting.
If the participants are not more than two, shall decide the divergence of opinion, in your case, the vote of a greater participant. If they are equal to the shares, will decide the fate.
The representation of the part of a minor in the property shall be entitled to one vote, and accordingly, the other owners as many votes as equal parts to the lower.
For the particular debts of a participant in the ship shall not be detained, arrested, or executed in its entirety, but the procedure is expected to contract to the portion of the vessel has the debtor, without putting obstacle to navigation.
Matches:
C. C. art. 969 ff.
Article 603.- Civil liability of the owners
The co-owners of a vessel shall be civilly liable in the proportion of its assets, the result of the acts of the captain, speaks of the article 600.
Each owner may exempt himself from this liability by the abandonment, before a notary, of the part of the property of the ship that corresponds to him.
Matches:
C. C. art. 969 ff.
Article 604.- Obligations of the co-owners
All the co-owners shall be obliged, in proportion to their respective ownership, to the costs of repair of the ship and others that are carried out under the agreement of the majority.
We also will respond in the same proportion to the expenses of maintenance, equipment and equipment of the vessel, necessary for navigation.
Matches:
C. C. art. 969 ff.
Article 605.- Binding nature of agreements
The resolutions of the majority with respect to the repair, equipment, and provisioning of the vessel at the port of departure, shall be binding on the minority; to not be partners in a minority renounce their participation, which shall acquire the other co-owners, pre-appraised by the court that a value or assigned parts.
Will also be mandatory for the minority, the arrangements of the most on dissolution of the company and the sale of the vessel.
The sale of the vessel shall be checked at public auction, subject to the prescriptions of the Code of Civil procedure; not to be unanimously otherwise agreed by the co-owners, with prejudice to the rights of first refusal set forth in article 588º.
Matches:
C. C. art. 969 ff.
Article 606.- Right of preference in the vessel
The owners of a vessel shall have preference in your vessel on which they are not, in equality of conditions, and price. If the existence of two or more of them to claim this right, it will be preferred which has the greatest involvement; and if they had the same, will decide the fate.
Matches:
C. C. art. 969 ff.
Article 607.- The choice of the manager shipping
The partners are co-owners shall elect the manager who has appeared with the character of shipping.
The appointment of director or shipping will be revocable at the will of the partners.
Matches:
C. C. art. 969 ff.
Article 608.- Requirements and representation of shipping
The shipowner, either at the same time the vessel owner or as a manager of an owner or an association of co-owners, shall have aptitude for trade, and being registered in the registration of merchants of the department, or province coastline.
The shipping will represent ownership of the ship, and may, on its own behalf and with such a character, manage court and out of court the interest of the trade.
Matches:
C. C. art. 1 inc. 1, 16 inc. 1, 17;
C. C. art. 145 ff.
Article 609.- Powers of the shipping and appointment of the captain
The owner may perform the duties of the captain of the ship, subject in all cases to the provisions of article 622.
If two or more co-owners request for himself the position of captain, will decide the discord, the vote of the partners; and if the vote is a tie, will be resolved in favor of the owner that they have greater participation in the vessel.
If the participation of the suitors is equal, and there would be a tie, will decide the fate.
Matches:
C. C. art. 969 ss;
C. C. art. 622.
Article 610.- Direct representation of the shipowner
The shipowner shall be selected and adjusted to the captain and hired on behalf of the owners, which shall be bound in all that relates to repairs, detail of the crew, armament, provisions of food and fuel, and freight of the vessel.
Matches:
C. C. art. 160.
Article 611.- Acts of the shipping that require authorization
The shipowner will not be able to order a new journey, nor to adjust to the new freight, or to ensure the vessel, without the authorization of its owner or agreement of the majority of the unit owners, except if in the act of his appointment would have granted these powers.
If he / she buys the insurance without authorization to do so, it will be liable as a subsidiary of the solvency of the insurer.
Article 612.- Accountability for shipping manager
The shipping manager of an association shall render an accounting to their partners in the result of each trip of the ship; without prejudice to always have at the disposal of the same, books, and correspondence relating to the ship and to his expeditions.
Matches:
C. C. arts. 80 and ss.
Article 613.- Refund of costs of shipping
The account is approved by the shipping manager for a relative majority, the co-owners will meet part of the expenses in proportion to their participation, without prejudice to the civil or criminal actions that the minority creates the duty to engage in later.
To make the payment, the shipping managers will have the executive action, which will be dispatched in virtue of the agreement of the majority, and without any other formality than the recognition of the signatures of those who voted for the agreement.
Matches:
C. P. C. art. 688 ff.
Article 614.- A claim for benefits by the co-owners
If there are any benefits, the co-owners shall be entitled to claim from the shipping manager the amount corresponding to their participation, by executive action; without any other requirement that the signatures on the certificate of approval of the account.
Matches:
C. P. C. art. 688 ff.
Article 615.- Compensation from the shipowner to the captain
The owner shall indemnify the captain of all the expenses with personal funds or others have done in the utility of the vessel.
Article 616.- Dismissal of the captain and crew
Before you take the ship to sea, the boat fire at the discretion of the captain and individuals of the crew whose setting you do not have time or a particular journey; by paying them salaries accrued according to their contracts, and without compensation; not to mediate on this expressly agreed and determined.
Article 617.- Dismissal of the captain and crew during the journey
If the captain or other individual of the crew were laid off during the trip, shall be paid his salary until they return to port, where it became the setting, unless there is just cause for the farewell; all in accordance with the articles 640 and following of this Code.
Matches:
C. C. art. 640 ff.
Article 618.- Denial of the dismissal. Exception
If adjustments to the captain and individuals of the crew with the shipping agent have time or a particular journey, may not be dismissed until the fulfillment of their contracts, but because of insubordination in serious stuff, robbery, theft, drunkenness, habitual, or damage caused to the vessel or to its cargo through malice or gross negligence or tested.
Matches:
C. C. art. 620.
Article 619.- Dismissal of the captain, co-owner of the ship
Being co-owner of the ship, the captain may not be dismissed without shipping a refund of the value of your portion of social, which, in default of agreement of the parties, shall be deemed by experts appointed in the manner provided in the Code of criminal Prosecutions and Civil.
Matches:
C. P. C. art. 262 ff.
Article 620.- Deprivation of the charge to the master co-owner
If the captain's co-owner had obtained the command of the vessel by special covenant expressed in the minutes of the society may not be deprived of his office, but for the reasons contained in article 618.
Matches:
C. C. art. 618.
Article 621.- Expiration of contracts between owner and captain from the sale of the vessel
In the case of a voluntary sale of the vessel, it will expire every contract between the shipowner and the captain; reserving to this, his right to the compensation to which he is entitled according to the agreements concluded with the shipping.
The vessel sold will affect the security of the payment of such compensation, if, after having directed the action against the seller, is it insolvent.
OF THE CAPTAINS, AND OF THE PATTERNS OF VESSEL
Article 622º.- Requirements to be a captain and skipper of a ship
The captains and patterns must be peruvian; to have legal ability to be bound by this Code; acknowledge the expertise, capacity, and conditions necessary to command and direct the vessel, as established by the laws, ordinances or regulations of the navy or navigation; and not being disqualified under them for the exercise of the office.
If the owner of a vessel will be your captain to lack of legal ability to do so, shall be limited to the economic administration of the ship, and assigned to the navigation to the one who have the skill that is required by these ordinances, and regulations.
Matches:
Const. 1993 arts. 30, 52, 53;
C. C. art. 42.
Article 623.- Powers of the captain or master of the ship
Will be inherent in the position of captain or master of a ship, the faculties of the following:
1) to Appoint or hire the crew in the absence of the shipowner, and make the proposal for it to be present, but without the shipping can impose any individual against his express refusal.
2) to command the crew and direct the vessel to the port of their destination, in accordance with the instructions received from the shipping agent.
3) to Impose, subject to the contracts and to the laws and regulations of the merchant marine, and, while onboard penalties, and correctional facilities that no longer meet their orders, or missing to the discipline; and instructing, over offences committed on board in the sea, the corresponding summary, deliver it to the authorities that have a need to know in the first port in which you arrive.
4) Hire a bareboat charter in the absence of the shipping agent or your shipping agent, acting in accordance with the instructions received and striving with exquisite care of the interests of the owner.
5) Take all of the provisions convenient to keep the vessel well-equipped, and well fitted out, buying to the effect that necessary, provided that they do not have time to ask for instructions to the shipping.
6) Arrange in the same cases of urgency, while on travel, the repairs on the hull and machinery of the vessel and its rigging, and gear that are absolutely accurate, so you can continue and conclude their journey; but if it came to a point in the existence of such consignee of the vessel, shall comply with this.
Article 624.- Provision of funds to the captain
To fulfil the obligations mentioned in the previous article, the captain did not have funds or hoping to receive it from the shipping agent, we will endeavour according to the sequence that is expressed:
1) Turning to the consignees of the vessel or correspondents of the shipping.
2) Going to the consignees of the cargo, or to the people interested in it.
3) Fighting on the shipping.
4) Taking the precise amount by way of loan to the thick.
5) Selling the amount of load that bastare to cover the amount absolutely necessary to repair the vessel and enable you to continue your journey.
In these last two cases will go to the judicial authority of the port, being in Peru, and the peruvian consul, being abroad, and not where any of the local authority; proceeding pursuant to the provisions of article 596 and to the provisions of the Code of criminal Prosecutions and Civil.
Matches:
C. C. 596, 733.
Article 625.- Duties of the master
Will be inherent in the position of captain of the obligations that follow:
1)Have you aboard, before embarking on the trip, a detailed inventory of the hull, machinery, gear, equipment, spare parts and other belongings of the ship; the patent of navigation; the role of the individuals that make up the envelope of the ship, and the contract with them held; the list of passengers; the patent of health; the certification of the Record, attesting to the ownership of the vessel, and all of the obligations until that date pesaren on it; charter parties, or authorized copies of them; the knowledge or guidance of load, and the act of visiting or recognition expert, if it was practiced at the port of departure.
2) Carry on-board a copy of this Code.
3) Have three books paginated and sealed; should put at the beginning of each note expressive of the number of folios containing, signed by the authority of the navy, and in his absence, by the competent authority.
In the first book, which will be named the Journal of Navigation, record day by day the state of the atmosphere, the winds may prevail, the bearings that are made, the rig is carried, the strength of the machines with which to navigate, the distances sailed, the maneuvers that are running, and other accidents of navigation; noted also the damage suffered by the vessel in her hull, machinery, gear and equipment, whatever the cause of the origin, as well as the damage and failures that you experience the load, and the effects and importance of the echazón, if this were to happen; and in the cases of resolution serious that requires advice or meet on board to the officers of the ship, and even the crew and passengers, enter the agreements made. For the data specified will make use of the logbook and the vapor or machine that takes the operator.
In the second book, named Accounting, record all the items that collect and pay on account of the ship, scoring with any specification, article by article, the origin of the proceeds, and invested in supplies, repairs, purchase of supplies or effects, food, fuel, aprestos, wages and other expenses of whatever kind they may be. In addition to insert the list of all the individuals of the crew, expressing their homes, their wages and salaries and what they have received to the account, as well as direct delivery to their families.
In the third book, titled the Cargo, it will note the input and output of all goods, with expression of the marks and bumps, names of shippers and consignees, ports of loading and unloading cargo and freight charges are accrued. In this same book are inscribed the names and backgrounds of the passengers, the number of packages of their luggage and the amount of the passages.
4) Do, before receiving a load, with the officers of the crew and two experts, if you require shippers and passengers, a recognition of the ship, to see if it is tight with the rig and machines in good condition and with the accoutrements necessary for a good navigation, conserving certification of the record of this visit, signed by all that they have done, under his responsibility.
The experts shall be appointed, one by the captain of the ship, and another for those who ask for his recognition, and in the event of a dispute shall appoint a third party the authority of the marina of the port.
5) constantly Stay on their ship with the crew while receiving on board the cargo and carefully monitor your stowage; you do not consent to shipment of any goods or materials of a dangerous nature, such as flammable or explosive substances, without the precautions that are recommended for their packaging, and handling and isolation; do not allow it to take on the deck, any burden that due to its location, volume, or weight, difficult maneuvers seaworthy and able to compromise the security of the ship; and in the case that due to the nature of the goods, the special character of the expedition, mainly the station favourable in that it is undertaken, would lead on any cover charge, you should hear the opinion of the officers of the ship and have the consent of the magazines, and the shipping.
6) Ask practical at the expense of the ship in all circumstances as required by the needs of navigation, and most importantly, when they enter into port, canal, or river, or take a harbor or anchorage that neither he nor the officers and crew of the ship known.
7) Be on deck in the recesses, and take command at the inputs and outputs of ports, channels, inlets and rivers, at least not to have you aboard practical in the exercise of their functions. You should not spend the night outside the ship but for serious reasons or by reason of office.
8) be Submitted, so take a port for shipment forced, the maritime authority, being in Peru, and the peruvian consul, being abroad, before twenty-four hours; and to make a statement of the name, registration and origin of the vessel, its cargo, and the occasion of arrival; whose statement visarán the authority or the consul, if after an examination of the found acceptable, giving you the certification needed to prove his arrival and the grounds on which it originated. In the absence of maritime authority or of the consul, the statement must be made to the local authority.
9) Practice the necessary proceedings before the competent authority, to be stated in the certification of the commercial Register of the vessel, the obligations it undertakes, pursuant to article 596.
10) Make it safe and custody of all papers and belongings of the individual of the crew to die on the vessel, forming detailed inventory, with the assistance of the witnesses, passengers, or failing that, crew members.
11) to Adjust their conduct to the rules and precepts contained in the instructions to the shipping industry, being responsible for terms shall do to the contrary.
12) Give an account of the shipowner, from the port where they arrive at the ship, the reason of his arrival, taking advantage of the opportunity to provide you with the traffic lights, telegraphs, post office, etc, according to the case; to put into your story the load that they received, specifying the name and address of shippers, freight accrued amounts and that has taken to the thick; tell your output and how many operations and data may be of interest to him.
13) Observe the rules concerning lights and maneuvers to avoid collisions.
14) to Stay on board, in case of danger of the ship, until they lose the last hope of saving him; and before leaving it to hear the officers of the crew, being the decision of the majority; and if he take shelter in the pot, will seek first of all to carry books and papers, and then the objects of more value, and must justify, in case of loss of books and papers, which he did as soon as he could to save them.
15) In case of shipwreck, file objection in the form, in the first port of call, before the competent authority or peruvian consul, before twenty-four hours, specifying all the accidents of the wreck, according to the case 8 of this article.
16) to Comply with the obligations that impusieren the laws and regulations of navigation, customs, health or other.
Matches:
C. C. 596, 718, 839 852, 964.
Article 626.- Navigation to freight that is common or to the third
The captain who navegare to freight that is common or to the third, you may not do any business separately; and if so, the utility arising shall belong to other interested persons, and the losses are transferred to your detriment particular.
Article 627.- Non-fulfillment of trip concluded
The captain, who, having concluded a trip, fulfill its commitment without accident, act of god or force majeure is prevented, shall indemnify all damages that because of this irrogue, without prejudice to the criminal sanctions to which they are entitled.
Matches:
C. C. 1315.
Article 628.- Replacement of the captain without the consent of the shipowner
Without the consent of the shipowner, the captain may not be replaced by another person; and if so, in addition to be responsible for all acts of the substitute, and forced to compensation expressed in the article above, may be one and another one removed for shipping.
Article 629.- Total consumption of provisions and fuel for the journey
If you were to consume the supplies, and fuels the ship before reaching the port of your destination, the captain shall, in accordance with the officers of the same, to arrive at the most immediate, to recover from one and another; but if it had to on-board people who have food of your account, you will be able to force them to release for consumption common of those are on board, paying its amount in the act, or at the most in the first port where arribare.
Article 630.- Impediment to the captain to make money
The captain will not be able to take money out of the thick on the cargo, and if so, it will be ineffective to the contract.
Nor can you take it for their own negotiations on the ship, but by the part of any owner, provided that previously has not taken coarse whatsoever regarding the completeness, or there is another genre of commitment or obligation, in charge of the ship. Being able to take it, should express necessarily what your participation in the vessel.
In case of violation of this article, shall be borne by proprietary to the captain, the capital, revenues and costs, and shipping you will also be able to dismiss it.
Article 631.- Civil liability of the captain and shipowner
The captain, will be liable to the shipowner, and with the third parties that have contracted with him:
1) all the damage that sobrevinieren the vessel and its cargo by lack of skill or negligence on his part. If there be mediated crime or offence, shall be in accordance with the Criminal Code.
2) Of the theft and grand that is committed by the crew, except for his right to take action against the culprits.
3) For any losses, fines, and confiscations that impusieren for violating the laws and regulations of customs, police, health, and navigation.
4) For damages that are causaren by disagreements that arise in the vessel, or by faults committed by the crew in the service and defence of the same; if it is not proven that used a timely manner throughout the extension of their authority to prevent or avoid them.
5) which occurred from the misuse of the powers and non-performance of the obligations that apply to you, pursuant to articles 623 and 625.
6), that are due to have taken defeat the opposite to the one that was, or be varied of course without just cause, in the judgment of the board of officers of the ship, with the assistance of the chargers or surcharges which are found on board.
Shall not relieve you of this responsibility any exception.
7), resulting from voluntarily enter into port other than port of your destination, out-of-cases or without the formalities mentioned in the article 625.
8) Of the resulting non-compliance with the requirements of the regulation of light situations and manoeuvres to avoid collisions.
Matches:
C. C. arts. 1314 and ss, 1969, and ss.
Article 632.- The responsibility of the captain on the cargo
The captain is liable for the cargo from that it is done delivering it in the dock, or on the side to stay afloat in the port where it is loaded, until they deliver it in the bank or on the pier of the port of discharge, to not have expressly agreed otherwise.
Matches:
C. C. art. 1814, and ss.
Article 633.- Waiver of responsibility of the captain
Will not be responsible to the captain of the damage that sobrevinieren to the vessel or to the cargo by force majeure; but it will always be, without worth covenant to the contrary, which are caused by their own faults.
It will also not be personally liable to the captain of the obligations they had contracted to cater to the repair, rating and provisioning of the vessel, which will fall on the shipping industry; not to be, that he committed strictly your own responsibility or signed letter or note to his name.
Matches:
C. C. art. 1315.
Article 634.- The responsibility of the captain to take money or otherwise dispose of goods
The captain to take the money on the hull, rigging or pertrecho of the vessel, or committed, or sells goods or supplies outside of the cases and without the formalities referred to in this Code, you will be responsible for the capital and expenses, and shall indemnify the damages you cause.
Who commits fraud in their accounts, it will refund the amount evaded, and shall be subject to the provisions of the Penal Code.
Article 635.- Duty of the captain to save his ship
If being in trip might be news to the captain that had appeared privateers or vessels of war against its flag, shall be required to arrive at the neutral port, more immediately, to give an account to your shipping agent or chargers, and waiting for the opportunity to sail preserved, or that the danger has passed, or to receive orders strict shipping agent or the chargers.
Article 636.- The obligation of the captain in case of attack
If you see attacked by a privateer, and after having tried to prevent the meeting and have resisted the delivery of the effects of the ship or its cargo, will be taken violently, or see the need of them, take place this seat in your book of shipment, and justify the fact to the competent authority at the first port in which you arrive.
Justified force majeure, shall be exempt from liability.
Article 637.- Communication on damages and breakdowns
The captain who has run a temporary or deemed to have suffered the cargo damage or failure, will be on this objection to the competent authority at the first port in which you arrive, within twenty-four hours following their arrival, and will ratify within the same term, then it reaches the point of its destination; and proceeding immediately to the justification of the facts, without being able to open the hatches until you have verified it.
In the same way there will be proceeding with the captain, having wrecked his ship, the saving alone or with part of his crew; in which case it shall submit to the authority a more immediate, making relationship affidavit of the facts.
The authority or the consul abroad will check the facts referred to, receiving a sworn statement to the individuals of the crew and passengers were saved; and taking the other provisions that will lead to find out the case, will witness as a result of the record in the book of navigation, and in the pilot, and will deliver to the captain of the original record, stamped and numbered, with a note of the folios, which must place, in order to present to the judge court of the port of your destination.
The statement of the captain will be faith if you agree with the crew and passengers; if discordiare, it will be as a result of these, except always the proof of the contrary.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 638.- Delivery of cargo to consignee
The captain, under his personal responsibility, so that they arrive at the port of their destination, obtain the necessary permission of the office of health and customs, and comply with other formalities that the administration regulations require, will make delivery of the shipment, without defalcation, consignees, and, in his case, the vessel, rigging and freight to the shipping.
If by the absence of the consignee, or not to be the bearer of legitimate knowledge, ignoráse the captain who should I do legitimately the delivery of the shipment, it will be available to the judge or court or authority to whom it may concern, in order to solve what is convenient to your deposit, preservation and custody.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
OF THE OFFICERS AND CREW OF THE SHIP
Article 639.- Requirements to be a pilot
To become a pilot you will need to:
1) Meet the conditions required by the laws or regulations of the marina, or sailing.
2) Not being disqualified under them for the performance of their duties.
Article 640.- Faculty of pilot replace the captain
The pilot, as the second chief of the vessel, and while the shipping is not otherwise agreed, will replace the captain in cases of the absence, illness or death, and then assume all of its responsibilities, obligations and responsibilities.
Article 641.- Duty of the pilot to carry instruments for navigation
The pilot shall be provided with letters of the seas, which will sail, tables and instruments of reflection that are in use and are necessary for the performance of his office, being responsible for the accident that deviates place by its omission in this part.
Article 642.- Formalities and content of the logbook
The pilot will be particularly and yes, a book, numbered and sealed in all of their leaves, called a log book, with a note at the beginning, expressive of the number of the containing, signed by the competent authority; and he shall record daily the distances, bearings browser, the variation of the needle, the gloom, the wind direction and strength, the state of the atmosphere and of the sea, the rig that takes long, the latitude and longitude observed, the number of furnaces fired, the pressure of the steam, the number of revolutions, and under the name of"events", maneuvers that are running, the encounters with other ships, and all individuals and accidents that may occur during navigation.
Article 643.- Agreement of pilot and captain on the vessel's heading
For a change of direction, and take the most convenient to the great journey of the ship, it will be made according to the rider with the captain. If this opusiere, the pilot will expose the observations convenient in the presence of the other officers behind them. If you still insistiere the captain in his negative decision, the driver will make the timely protest, signed by him and by other of the officers in the book of navigation, and will obey the captain, who will be solely responsible for any consequences of his or her disposal.
Article 644.- Responsibility of the pilot due to neglect and lack of skill
The pilot is responsible for all the damages that causaren to the vessel and cargo by their negligence and lack of skill, without prejudice to the criminal liability that might arise, if there be mediated crime or offence.
Article 645.- Obligations of the boatswain
Will be obligations of the boatswain:
1) Monitor the conservation of the hull and rigging of the ship and take care of the equipment and gear that make up its statement of position, proposing to the captain of the necessary repairs and the replacement of the effects and accoutrements that are disable and exclude.
2) Care for the good order of the cargo, keeping the ship ready for the maneuver.
3) Maintain order, discipline and good service from the crew, asking the captain orders and instructions convenient, and giving prompt notice of any occurrence that required the intervention of his authority.
4) to Appoint to every sailor the work that needs to be done on board, according to the instructions received, and to watch over its execution, with timeliness and accuracy.
5) be Responsible for the inventory of the rig and all the accoutrements of the ship, if it is necessary to disassemble it, to not be the shipping arranged another thing.
In respect of the drivers, be governed by the following rules:
1) to be able To be shipped as a machinist naval forming part of the crew of a ship merchant will be necessary to meet the conditions that the laws and regulations dictate, and may not be disabled, in accordance with to them, to the performance of their duties. The drivers will be considered as officers of the ship, but shall not exercise control or invention, but rather in reference to the motor apparatus.
2) When there are two or more drivers on board a ship, made one chief, and will be to their orders, the other drivers: you will also be in charge of the motor apparatus, the pieces of respect, instruments and tools to the same concern, the fuel, the subjects lubricadoras and as, in order, is on-board the charge of the driver.
3) Maintain the machines and boilers in good state of preservation and cleanliness, and provide convenient so that they are always willing to work with regularity, being responsible of accidents or breakdowns by their negligence or malpractice is caused to the motor apparatus, the vessel and cargo, without prejudice to the criminal liability that might arise if it is proven to be mediated crime or offence.
4) Not undertake any modification in the motor apparatus, or proceed to remedy the faults that had noticed the same, or alter the regime of its normal march, without the prior authorization of the captain; which, if it objected to check and/, will expose the observations convenient in the presence of other drivers or official, and if in spite of this, the captain insistiese in his refusal, the engineer in chief will make the timely protest, consigning it in the binder machines, and to obey the captain that you will be solely responsible for any consequences of his or her disposal.
5) Give account to the captain of any fault occurs in the motor apparatus; and will alert you when you have to stop the machines for some time, or an accident in your department who should have immediate notice of the captain, enterándole also often about the consumption of fuels and materials lubricadoras.
6) Take a book or record titled Binder machines, in which shall be recorded all the data related to the working of the machines, such as, for example, the number of furnaces fired, the pressure of steam in the boiler and the cylinder, the vacuum in the condenser, the temperature, the degree of saturation of the water in the boilers, the fuel consumption and materials lubricadoras; and under the heading of Occurrences remarkable, breakdowns and decompositions that occur in machines and boilers, the causes that produced them, and the means employed to repair; they shall also set out, taking the data from the logbook, the strength and direction of the wind, the rigging, the long and the ride of the vessel.
Article 646.- Faculty of petty officer to meet the captain and pilot
The boatswain will take command of the vessel in the event of incapacity or disqualification of the captain and pilot, assuming, then their authority and responsibility.
Article 647.- Recruitment of crew
The captain will be able to compose the crew of his ship, with the number of men that he deems appropriate.
The contracts that the captain held with the individuals of the crew and others that make up the envelope of the ship, and to whom reference is made in article 625, shall be in writing in the ledger, without the intervention of a public notary or notary, signed by the grantors and endorsed by the authority of the navy if it extends into the domains of peruvians, or by the consuls or consular agents of Peru if it is verified in the foreign, listing them all the obligations that each contract and all rights that you purchase; taking care of those authorities that these rights and obligations are recorded in a clear and strict, which does not give rise to doubts or claims.
The captain will take care of reading the articles of this Code that are relevant to them, making expression of the reading in the same document.
Taking the book with the requirements stated in article 625, and not appearing indication of alteration in their games, will faith in the issues that occur between the captain and the crew on the contracts, extended in him, and the amounts paid on account of the same.
Each individual member of the crew may require the captain a copy, signed by him, of the contracts and the liquidation of their assets, such as resulting in the book.
Article 648.- Obligations of the man behind them
The man behind them hired to serve in a ship, you may not terminate your efforts or stop stick to it, but by legitimate impediment that had come upon them.
Nor can you pass of the service of a vessel to the other, without obtaining written permission of the captain of that in which they were.
If, not having obtained this license, the man behind them hired on a ship he / she buys another, will be null and the second contract; and the captain will be able to choose between force him to fulfill the service that first was obliged, or search at the expense of the one who replace him.
In addition, you will lose the salary that has accrued in his first efforts, to the benefit of the vessel in which I was hired.
The captain, knowing that the man behind them is at the service of another vessel, has again hired without requiring the permission of trying the previous paragraphs, respond secondarily to the vessel to which first belonged to the man of the sea, by the party that is unable to meet, the compensation referred to in the third paragraph of this article.
Article 649.- Chance of dismissal of the man of the sea
Do not count the time by which adjusted a man of the sea, shall not be terminated until the completion of the trip back and forth to the port of your tuition.
Article 650.- Causes of dismissal of the man of the sea
The captain may also not dismiss the man of the sea during the time of his hire, but for a just cause, reputándose as any of the following:
1) Perpetration of a crime that disrupts the order on the ship.
2) Recidivism and neglect repeated in the fulfillment of the service you need to pay.
3) Ineptitude and negligence, repeated in the fulfillment of the service you need to pay.
4) Intoxication is habitual.
5) Any event that impairs the man from the sea to run the job that the person is a manager, except as provided in article 657.
6) The dropout.
You may, however, the captain, before embarking on the journey, and without expressing any reason, refuse to go on board the man of the sea which had been tight and leave it on the ground, in which case you will pay for your service as if it were service.
This compensation will be out of the mass of the funds of the ship, if the captain had acted for reasons of caution and in the interest of the security and good service from him. If not, it will be of particular task of the captain.
Start of navigation, during and until the completion of the trip, you may not be the captain leave any man of his crew on land or at sea; unless, as guilty of a crime, proceed his prison, and delivered to the competent authority at the first port of call, the captain mandatory.
Article 651.- Compensation to the crew for resolution of contract
If, hired the crew, were revocare the journey by the will of the shipowners or charterers before or after the vessel to sea, or shall deliver the vessel by the same cause different destination from the one that was determined in the adjustment of the crew, this will be compensated by the termination of the contract, according to the cases, namely:
1) If the revocation of the trip is determined prior to leaving the ship in the port, shall be given to each one of the men behind them an allowance of their respective wages, besides that they are entitled to receive, in accordance with their contracts, for the service rendered in the ship until the date of the revocation.
2) If the adjustment would have been by a lump sum for the entire trip, will graduate as appropriate to the counter and diet, prorrateándolas in the days that approach should one take, in the judgment of experts, in the manner established by the Code of Prosecutions, civil; and if the projected travel is of such short duration that is calculase approximately a month, the compensation shall be determined in fifteen days, excluding in all cases the sums in advance.
3) If the revocation occurs, having left the ship to the sea, the men adjusted in a lump sum for the trip will earn full wages that have offered, as if the trip had finished, and adjusted for months will receive the credit corresponding to the time that they are shipped and the need to arrive at the port end of the journey; and the captain to provide the one and the other passage for the same port, or the expedition of the ship, as they agreed upon.
4) If the shipowner or the fletantes of the ship differ to this destination different from the one that was determined in the fit, and the individuals of the crew not to give your conformity; they will pay for compensation to half of what is established in the case 1, in addition to which they owed for the part of having a monthly, corresponding to the days from your settings.
If you accept the alteration, and the trip, the greater the distance or other circumstances, give rise to an increase in compensation, is governed by this privately, or by friendly mediators in case of discord. Even though the trip is limited to closest point, it may not therefore be low to the agreed wage.
If the revocation or alteration of your trip need from shippers or charterers, the shipowner shall have the right to reclamarles the appropriate compensation in justice.
Article 652.- Revocation of the trip for just cause
If the revocation of the travel need of just cause independent of the will of the owner and chargers, and the ship has not come out of port, the individuals of the crew have no other right than to collect the wages earned up to the day on which you made the revocation.
Article 653.- Just causes of the revocation of the trip
Will be just causes for revocation of the trip:
1) The declaration of war or interdiction of commerce with the power whose territory is to be addressed by the ship.
2) The lock status of the port of its destination, or the plague that arises after the adjustment.
3) The prohibition against receiving on the same port the genres that make up the cargo of the ship.
4) The detention or seizure of the same by order of the Government, or for any other cause independent of the will of the shipping
5) the disqualification of The vessel to navigate.
Article 654.- Payments to crew in case of revocation for cause
If, after undertaking the journey, there be any of the first three causes expressed in the preceding article, shall be paid for the men of the sea in the port where the captain believeth convenient to arrive at the benefit of the vessel and cargo, according to the time they have served in it, but if the vessel has to continue his journey, will the captain and the crew required to be mutually fulfilling of the contract.
In the case of the cause fourth, we will continue to pay the crew, half of his to have, if the fit would have been for months; but if the detention excediere of three, shall terminate the effort, paying for the crew members to the amount that would have corresponded to perceive, according to his contract, completing the trip, And if the adjustment has been for a bit to travel, you must fulfilled the contract on the agreed terms.
In the case 5, the crew will have no right to collect wages earned; more if the disqualification of the vessel need of carelessness or lack of skill of the captain, the engineer, or pilot, from the crew of the damages suffered, saved always the criminal liability that might arise.
Article 655.- Payment proportional to crew for repeal, delay or greater extension of the trip
Navigating the crew to the party, shall not be entitled, by reason of revocation, delay or greater extension of the trip, more than to the proportional part that corresponds to the compensation to be made to the common fund of the ship, the people responsible for those occurrences.
Article 656.- Extinction of rights due to loss of the vessel or wreck
If the ship and its cargo are perdieren fully capture or shipwreck, will be extinguished all right, so by part of the crew for unclaimed wages, as by the part of the shipowner to the refund of the anticipations made.
If salvare any part of the ship or the cargo, or of one and the other, the crew adjusted to paycheck, even the captain, he shall retain his right to the salvage up where to reach, so the remains of the ship as the amount of the freight of the cargo saved; more sailors to navigate to the part of the freight will not have any right on the salvage of the hull, but on the part of the cargo saved. If they had worked to pick up the remains of the ship wreck, will be credited on the value of what saved a gratuity is provided on the efforts made and the risks arrostrados to get the salvage.
Article 657.- Disease of man sea
The man of the sea enfermaré not lose his right to the salary during the navigation, to not proceed with the disease of an act guilty. Anyway, will be obtained from the common fund for the expenses of the care and healing, to quality for refund.
If the condition is originated from wound received in the service or defence of the ship, the man behind them will be helped and healed by account of the common fund, to be deducted before all of the products to the freight costs of care and healing.
Article 658.- Death of the man of the sea
If the man behind them had died during navigation, shall be paid to his heirs won and not perceived to have, according to its setting and the occasion of his death, namely:
If you has died a natural death and is set to salary, we will pay you the accrued up to the day of his death.
If the adjustment has been a journey, it will be half of what was earned, if the man behind them died on the voyage to the adi; and the whole, if sailing to the back.
And if the fit would have been the part and the death has occurred after initiating the trip, shall be paid to the heirs the whole of the part corresponding to the man of the sea; but having it died before leaving the ship in the port, they will not have heirs entitled to any claim.
If the death occurred in defense of the ship, the man of the sea will be considered live, and it shall be paid to his heirs, completing the trip, the whole of the wages, or the part of utilities corresponded, as to others of its kind.
In the same way shall be deemed to be present to the people of sea caught defending the ship, to enjoy the same benefits as others; but having been through carelessness or other accident not related to the service, all will receive the wages earned up to the day of his capture.
Article 659.- Involvement of the ship and accessories for payment of wages
The ship, with its machines, rigging, material and freight costs, be subject to the liability of the wages earned by the crew adjusted to salary or per trip, after the settlement and payment, in the middle of an expedition to another.
Launched a new expedition, they will lose the preference of the credits of that class from the previous one.
Article 660.- Release of commitments of the officers and the crew
The officers and the crew of the vessel shall be free of any commitment, if they deem it appropriate, in the following cases:
1) If, before the start of the trip I will try the captain to alter it, or if arises a war at sea with the nation where the ship was intended for.
2) If it arises and finds officially a disease epidemic in the port of destination.
3) If the vessel should change owner or captain.
Article 661.- Endowment of a ship
It will be understood by the endowment of a vessel, the set of all individuals board, from captain to a page, needed for their address, maneuvers, and service; and therefore will be included in the crew, the crew, the pilots, machinists, fogoneros, and other charges on-board are not specified; but it will be the passengers, or the individuals that the vessel bears of transport.
OF SURCHARGES
Article 662.- Administrative functions of the surcharges
Surcharges will play on board the administrative functions that have conferred the shipping agent or the chargers; they shall bring the mind and reason of their operations in a book, which will have the same circumstances and requirements of the accounting of the captain; and shall respect it in their powers as chief of the boat.
The powers and responsibility of the captain cease with the presence of the surcharge, as to the administrative part of legitimately conferred to it, the rest for all the steps that are inseparable from their authority, and employment.
Article 663.- Legal status of surcharges
Shall apply to surcharges all the provisions contenidasen the second section of title 3, book 2, on capacity, mode of contract and liability factors.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"second section of the title third"with"second title of the third section".
Matches:
C. C. art. 275 ff.
Article 664.- Limitations of surcharges
The overcharges may not, without the consent or express agreement, any business for its own account during your trip, outside of the mumbo-jumbo that, by the custom of the port where it has been delivered to the ship, as it is allowed.
Not be able to invest on the return journey more than the product of the trashy, not to mediate express permission of the principals.
OF SPECIAL CONTRACTS OF TRADING MARITIMO
THE CHARTER CONTRACT
1 Of the ways and purposes of the charter contract
Article 665.- Formalities of the contract, and content of the charterparty
The charter contract shall be drawn up in duplicate in the policy signed by the contracting parties, and when one does not know or cannot, by two witnesses, and to his supplication.
The charterparty, in addition to the freely provided, will contain the following circumstances:
1) The class, name and tonnage of the vessel.
2) Its flag and port of registry.
(3) The name, surname and domicile of the captain.
4) The name, surname and address of the shipowner, if he / she buys the charter.
5) The name, surname, address of the charterer; and if manifestare work by commission, that of the person on whose account the contract.
6) The port of loading and discharge.
7) The room, number of tons, or quantities, weight or measure that they require, respectively, to load and driving, or if total charter.
8) The freight to be paid; expressing if it is to be a lump sum for the voyage or a both to the month, or by the cavities which they occupy, or by the weight or measure of the effects that consists of the cargo, or of any other mode that has been agreed.
9) The layer to be paid to the captain.
10) The days agreed to the charge. Stays and demurrage charges shall be counted, and for each one of them, they shall pay.(*)
(*) In accordance with the Item 3 of the Law N° 1175published on 13 August 1910, must be added the words “and download the subsection 10 of this article.
Matches:
C. C. arts. 140 inc. 4, 1352.
Article 666.- Effects of the contract without the signature of policy
If you received the cargo, without signing the policy, the contract will be concluded according to the results of knowledge; only one title, in order to load, to fix the rights and obligations of the shipowner, the captain and the charterer.
Matches:
C. C. art. 719 ff.
Article 667.- Character test full of the policies of the charter
The policies of the charter contracted with the intervention of a broker, which certifies the authenticity of the signature of the contracting have been made in your presence, make full proof at trial; and if it becomes among them discordance, it will be the match that the broker should keep in your registry, if this is in accordance with the law.
They will also make faith the policies, even when it has not intervened broker, provided that the contracting parties recognize as their own firms to put in them.
Not having intervened runner in the charter party, or in recognition of the signatures, it will decide the questions what is knowledge, and, in the absence thereof, by the evidence provided by the parties.
Matches:
C. P. C. art. 197;
C. C. art. 719 ff.
Article 668.- Contracts entered into by the captain in the absence of the shipping
The chartering contracts entered into by the captain in the absence of the shipowner, shall be valid and effective even when the celebration had acted in contravention of the orders and instructions from the shipping agent or fletante; but it is to this expeditious action against the captain for the compensation of damages.
Article 669.- Application of uses and customs to lack of time
If the charterparty does not constare the term in which they have to check the upload and download, we will follow the use of the port where you are running these operations. Past the stipulated period or the usual, and not contained in the charterparty clause expresses that set the compensation of the delay, shall have the right captain to demand stays and demurrage charges that have elapsed in upload and download.
Article 670.- Charter contract for the uselessness of the ship
If, during the journey becomes the vessel useless, the captain shall be obliged to charter vessels to their coast, the other in good condition, which receives the load, and the portee its destination; for which purpose you will be required to find ship, not only in the port of call, but in the immediate, to the distance of a hundred miles.
If the captain is not proporcionare, by laziness or malice, a vessel that will lead the cargo to its destination, chargers, prior to making a request to the captain for that term non-extendable try to freight, will be able to hire the charter, by going to the judicial authority in application of that summarily approves the contract that they have done.
The same authority shall require by way of formal notice to the captain, for its account and under its responsibility, to take effect the charter made by the chargers.
If the captain, despite his diligence, not fond ship to the freight, will deposit the load at the disposal of the chargers, who will give an account of what happened on the first occasion that will be present; to be regulated in these cases, the freight for the distance traveled by the vessel, without any compensation.
Article 671.- Rules and conditions for payment of freight
The freight shall be paid according to the terms specified in the contract; and if they be express, or may be in-doubt, observe the following rules:
1) Chartered the ship, for months or days, you begin to run the freight from the day on which they put the ship to the load.
2) In the charters made by a certain time, will begin to run the freight from the same day.
3) If the freight will be in accordance by weight, will be the payment for the gross weight, including packaging, such as barrels or any other object, in which is contained the load.
Article 672.- Payment of freight by the sale of goods
Bear freight goods sold by the captain to attend to the repair indispensable to the hull, machinery, or rig, or needs essential and urgent.
The price of these goods shall be fixed according to the success of the expedition, namely:
1) If the ship came safe to the port of destination, the captain of the paid the price obtained in the same class that he sold.
2) If the ship is forfeit, which they had obtained in the sale of the goods.
The same rule shall be observed in the payment of the freight, which will be an integer if the ship reached its destination, and in proportion to the distance travelled, and if it was lost before.
Article 673.- Non-payment of freight for goods dumped into the sea
Will not bear freight of the goods thrown into the sea by reason of rescue common, but its amount shall be considered as general average, counting the one in proportion to the distance traveled when they were thrown.
Article 674.- Non-payment of freight for loss of goods
Nor bear the freight of the goods that have been lost by shipwreck or stranding, or that they are prey of pirates or enemies.
If you received the freight in advance, we will return, not to mediate an agreement to the contrary.
Article 675.- Payment of freight by rescue vessel, goods, and effects
Rescatándose the vessel, or the merchandise, or overcoming the effects of the wreck, and will pay the freight that corresponds to the distance travelled by the ship porteando the charge; and if, repaired, will take you to the port of destination, shall be paid the freight in whole, without prejudice to what is appropriate about the failure.
Article 676.- Total payment of freight for merchandise damaged or poorly preserved
The goods suffer damage or decreased by inherent vice or bad quality, and condition of the packaging, or by a fortuitous event, shall be payable on the freight in full, and such as had been stipulated in the contract of charter party.
Article 677.- Payment of freight for the increase of weight and measure
The natural increase in weight or measure to have the goods loaded on the ship, will give the benefit of the owner and shall bear the freight to the corresponding fixed in the contract for the same.
Article 678.- Involvement of the cargo for payment of the freight and expenses
The shipment will be the particular affection for the payment of freight charges, the expenses and rights caused by the same, that they should reimburse the chargers, and the part that may be available in average; but it shall not be lawful for the captain to dilate the download for suspicion that stop fulfilled this obligation.
If there is reason for mistrust, the judge or court, at the request of the captain, you agree to the deposit of the goods until it is fully repaid.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 370.
Article 679.- Sale of cargo for the payment of freight costs and damage
The captain may request the sale of the cargo in the proportion necessary for the payment of freight, costs, and failures that correspond to it; and reserves the right to claim the rest of what these concepts will be due, if what has been done by the sales were not enough to cover its credit.
Article 680.- Term of involvement of the shipment and the order of the sale
The loaded effects will be bound preferentially to the responsibility of their freight and expenses during twenty days from its delivery or deposit. During this period, it may request the sale of the same, although they have other creditors and in case of bankruptcy of the shipper or the consignee.
This right may not be exercised, however, about the effects after the delivery would have gone to a third person, without malice and onerous.
Matches:
C. C. arts. 270, 370, 593
Article 681.- Deposit and sale to make payment of the freight and expenses
If the consignee cannot be found, or refuses to receive the goods, should the Judge or court, at the request of the captain, to order their deposit and make arrangements for the sale of what is necessary for the payment of the freight and other expenses that pesaren on him.
It will also place the sale, when the effects of deposited offer risk of deterioration, or by their conditions or other circumstances, the cost of maintenance and custody may be disproportionate.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
2nd Of the rights and obligations of the fletante
Article 682.- Limitations of the cargo room of the ship. General provisions
The fletante or the captain will abide in charter-parties, to the room that has the vessel, or to expressly designated in your tuition, not tolerándose more difference than two percent between the manifested and which is in reality.
If the fletante or the captain contrataren more cargo than the vessel may lead to, tending to their tonnage, shall be indemnified to the chargers, who no longer fulfill their contract, the harm caused by their lack of compliance would have been struck, according to the cases, to know.
If you set the chartering of a vessel by a single charger turns out to be error or deceit in the place of that one, and not optare the charterer for the termination, when appropriate this right, we will reduce the freight in the proportion of the cargo which the vessel ceases to receive, and shall also indemnify the fletante to the charterer, the damage that has been caused.
If, on the contrary, there are several contracts for the charter and for lack of space unable to embark all the load hired, and none of the charterers opted for the termination, we will give preference to the one that has already entered and placed the cargo in the vessel, and the other will get the place that corresponds to them according to the order of date of their contracts.
Not appearing this priority, they may charge, if they are agreed upon, pro rata to the amounts of weight or extension that each one has been hired, and will be the fletante obliged to the reparation of damages.
Article 683.- Cargo incomplete
If received by the fletante a part of the load, does not find the missing to form at least three-fifths of which can portage the ship, at the price that it has fixed may substitute for the shipping another ship visited and declared for the purpose of the same trip; being of his account of the costs of transshipment and the increase, if any, in the price of the freight. If unable to make this substitution, to undertake the trip at the agreed time; and not having, on the fifteenth day of starting the load, if not stipulated otherwise.
If the owner of the part shipped, we will charge the same price and with the same or proportionate terms as those agreed in the received, you may not be the fletante or captain refuse to accept the rest of the cargo; and, if they resisted, shall have the right charger to demand of the sea the ship with the burden that is on board.
Article 684.- Impossibility of substitution the load
Loaded three-fifths of the ship, the fletante may not, without the consent of the charterers or shippers, replace with another designated in the contract; under penalty of being so responsible all the damages that have occurred during the voyage, the cargo of which have not consented to the substitution.
Article 685.- Inability to receive third-party load
Chartered a ship for integer, the captain may not, without the consent of the shipper, get a load of another person; and if so, can such charterer force you to desembarcarla and that compensated for the damages that it will continue.
Article 686.- Liability for delay volunteer
Shall be for the account of the fletante, all the damages that have occurred to the charterer for delay volunteer captain in embarking on the trip, according to the rules prescribed, as long as it was required of attorney or the court to take to sea in a timely manner. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"involuntary"and"voluntary", and the words"notary and in court"with"attorney or court".
Article 687.- Excess freight
If the charterer shall take the ship more cargo than that hired, you will be able admitírsele the excess of freight in accordance with the price stipulated in the contract, and may be placed with a good summer without prejudice to the other chargers; but if it is to be missed to the good conditions of summer, you will need the captain to reject it, or desembarcarla at the expense of the owner.
In the same way the captain may be, before you leave the port, to lay on earth, the goods introduced aboard surreptitiously, or portearlas, if I could do it with a good summer, a demand by reason of freight is the highest price that has been agreed on that trip.
Article 688.- Payment of freight to receive cargo on different port
Chartered the vessel to receive the cargo in another port, you will present the captain to the consignee named in his contract; and if you do not deliver the burden, give notice to the charterer, whose instructions will wait, running between both stays agreed, or as may be of use in the port, if it has not about it expressly agreed otherwise.
Not getting the captain to answer within the term necessary to do so, will make efforts to find freight; and if you do not find them after you have run the stays and demurrage charges, shall execute protest and return to the port where you purchased the charter.
The charterer will pay the freight for the whole, less earned by the goods which were transported to the back and to the back, if they had been charged by a third party.
The same is observed when the chartered vessel back and forth, not be enabled load for their return.
Article 689.- Indemnizacián by inability to navigate
You will lose the captain of the freight and will indemnify the chargers, as long as they try it, even against the act of recognition, if it was practiced in the output port, the vessel was not in a position to navigate when you receive the cargo.
Article 690.- Subsistence of the contract in the event of war or blockade
Shall continue to be accorded the charter agreement if, lacking the captain of instructions from the shipper, that arises during the navigation declaration of war or blockade. In such a case, the captain must go to the neutral port and nearest safe, asking and waiting for the orders of the charger; and the expenses and wages earned in the detention itself be paid as general average.
If by provision of the charger is made, the discharge at the port of arrival, will be charged in full at the freight back.
Matches:
C. C. arts. 635.
Article 691.- Deposit and involvement of loading
If, on the expiry of the time necessary, in the opinion of the Judge or court, to receive the orders of the charger, the captain continued to lack instructions, you have to deposit the cargo; the which shall be attached to the payment of the freight and expense of its charge in the delay, which will satisfy with the product of the first party who will sell.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
3rd Of the obligations of the charterer
Article 692.- Subrogation in the freight
The charterer of a vessel as a whole will be able to subrogate the freight, in whole or in part, to the time limits that most will agree, without the captain may refuse to receive on board the cargo delivered by the seconds shippers; provided that you do not alter the conditions of the first charter, and is paid to the fletante the entirety of the agreed price, even if it is not shipping all the charge, with the limitation that is set in the following article.
Article 693.- Payment for the shipping in case of cargo incomplete
The charterer is not completed on the entire load that is forced to embark on, will pay the freight the to stop charging; unless the captain has not taken another load to complete the loading of the vessel, in which case you pay the first charterer the differences, if any.
Article 694.- Responsibility for embarking different effects
If the charterer embarcare effects different from that stated at the time of hire the charter, without the knowledge of the fletante or captain, and thus sobrevinieren damages by confiscation, seizure, arrest, or other causes, the fletante or chargers; respond to the originator with the amount of your shipment, and also with their goods, the full restitution to all affected by his guilt.
Article 695.- Responsibility for ship goods for illicit purposes
If goods shipped as they are for the purpose of illicit trade, and had been brought on board to knowingly fletante or of the captain; these, together with the owner of them, be liable for all damages incurred to the chargers; and although it is agreed, may not require the charterer any compensation for the damage resulting to the ship.
Article 696.- Costs of unloading and reloading in case of failure of the ship
In case of shipment to repair the vessel's hull, machinery or gear, the chargers will have to wait for the vessel to be repaired; and may download it at your expense if you consider convenient.
If the benefit of the cargo exposed to deterioration, dispusieren the chargers, or the consul, or the competent authority in a foreign country, do the download of the goods, shall be for the account of those costs of unloading and reloading.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 832 ff.
Article 697.- Responsibility for pre-download
If the charterer, without attending any of the cases of force majeure expressed in the preceding article, he will unload your goods before arriving at the port of its destination, it will pay the freight for the whole, the cost of the shipment that is made to your instance, and the damages that causaren to other shippers, if any.
Article 698.- Pay per download before you set sail
In the chartres to general cargo, any of the chargers will be able to download the goods before embarking on their trip, paying through freight, the expense of estivar and reestivar, and any other damage due to this cause originated the chargers.
Article 699.- Payment of freight accrued and other expenses
The download is done and since the cargo at the disposal of the consignee, the latter must immediately pay to the captain the freight earned and expenses that is responsible for that shipment.
The layer must be paid at the same rate and time as the freight, governing in regards to her all of the alterations, and modifications to which they are subject.
Article 700.- Abandonment of goods broken
The charterers and shippers will not be able to do, for the payment of freight and other expenses, abandonment of the goods damaged by inherent vice or a fortuitous event.
Proceed, however, the abandonment, if the cargo consistiere in liquid and have poured out, it will not be in the containers but a fourth part of its content.
4th Of termination all or part of the charter contract
Article 701.- Termination of the contract at the request of the charterer
At the request of the charterer will be able to termination of the charter contract:
1) If, before loading the vessel abandonare the charter, by paying the half of the freight agreed upon.
2) If the place of the ship does not conform to that stated in the certificate of admeasurement, or if there is any error in the designation of the pavilion to navigate.
3) If you do not put the vessel at the disposal of the charterer in the time and manner agreed.
4) If you left the ship to the sea, arribare to the output port, due to the risk of pirates, enemies, or time, instead, and the chargers are selected in your download.
In the 2nd and 3rd case, the fletante shall indemnify the charterer for any damages that will be occasioned.
In the case 4th, the fletante shall be entitled to the freight for the whole round trip.
If the charter has been adjusted for months, will pay the charterers the amount of an allowance, the journey to a port on the same sea, and two if it were at sea is different.
From one port to another of the Republic will not pay more than an allowance.
5) If for urgent repairs arrived the ship during the voyage to a port, and they prefer to the charterers to have the goods.
When the delay does not exceed thirty days, will pay the chargers as a whole for the freight back.
If the delay exceeding thirty days, you only pay the freight proportional to the distance traveled by the ship.
Matches:
C. C. arts. 1370, 1371, 1372.
Article 702.- Termination of the contract at the request of the fletante
At the request of the fletante may be terminated the contract of charter party:
1) If the charterer, fulfilled the term of the sobreestadías, do not put cargo at the side.
In this case, the charterer will have to meet the half of the freight agreed upon, in addition to the stays and sobreestadías earned.
2) If the fletante sell the vessel prior to the charterer has started to load it, and the buyer cargare for your account.
In this case, the seller shall indemnify the charterer for any damages that will be occasioned.
If the new owner of the vessel does not load up for your account, it will respect the charter contract; compensation of the seller to the buyer, if it is not in him of the charter pending at the time of concluding the sale.
Matches:
C. C. arts. 1370, 1371, 1372.
Article 703.- Special cases of termination
The charter agreement will be terminated, and will terminate all the actions that he originate, if, before you take to the sea the ship from the port of departure, there be any of the following cases:
1) The declaration of war or interdiction of commerce with the power to whose ports should be the ship, make their journey.
2) The lock status of the port to where he was going to the one intended, or plague that arises after the adjustment.
3) The prohibition against receiving at the same point the goods to the cargo of the ship.
4) The indefinite detention by a seizure of the vessel on the orders of the Government, or for any other cause independent of the will of the owner.
5) the disqualification of The ship to navigate, through no fault of the captain or shipping.
The download will be for the account of the charterer.
Matches:
C. C. arts. 1370, 1371, 1372.
Article 704.- Subsistence of the contract for reasons of force majeure
If the vessel is unable to go to sea by closure of the port of departure or to another cause transient, the charter shall remain in force, without which none of the parties has the right to claim damages.
Food and wages of the crew will be considered general average.
During the outage, the charterer will be able to for your account to download and upload to your time the goods by paying stay if demorare recharge after cessation of the reason for the arrest.
Matches:
C. C. arts. 819, 821 inc. 2, 824.
Article 705.- A partial cancellation of the contract
Will be terminated part of the contract of charter, unless otherwise agreed, and shall not be entitled to the captain more than the freight back; if, occur during the trip to the declaration of war, closure of ports or interdiction of commercial relations, arribare the ship to the port that is designated for this case on the instructions of the shipper.
5th passenger travel by sea
Article 706.- Fixing judicial region
Not having agreed on the price of the ticket, the judge or court shall summarily, a prior declaration of experts.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 1767;
C. P. C. art. 262 ff.
Article 707.- Enforceability of the price in the event of tardiness or abandonment of the vessel
If the passenger does not get on board at the appointed hour, or abandonare the vessel without the permission of the captain when he is soon to leave the port, the captain will be able to undertake the journey, and require the price in full.
Article 708.- Transmissibility of the passage nominative
The right to the passage, if it were nominative, may not be transferred without the consent of the captain or consignee.
Article 709.- Transmission of obligations by the death of the passenger
If before embarking on the trip the passenger to die, his heirs shall not be obliged to meet but half the fare agreed.
If they are included in the price agreed upon by the costs of child support, the judge or court, listening to the experts, if it deems advisable, it shall indicate the amount that has to be for the benefit of the ship.
In the case of receiving another passenger in place of the deceased, should not be any payment by such heirs.
Matches:
C. C. arts. 660, 661, 662;
C. P. C. art. 262 ff.
Article 710.- Suspension travel
If before embarking on the trip stopping by the exclusive fault of the master or shipowner, the passenger will be entitled to the return of the passage, and to compensation for damages; but if the suspension was due to a fortuitous event or force majeure or any other cause independent of the master or shipowner, the passengers shall only be entitled to the return of the passage.
Article 711.- Trip interruption
In case of interruption of the trip started, the passenger shall only be required to pay the fare in proportion to the distance traveled, and without the right to compensation of damages if the interruption is due to fortuitous event or force majeure; but, with the right to compensation if the disruption consistiere exclusively on the captain. If the interrupt originated from the disabling of the ship, and the passenger conform to wait for the repair, you may not be required for any increase in the price of passage, but it will be in your account the child support during the stay.
In case of delay of departure of the vessel, the passengers have the right to remain on board and to power on account of the ship, unless the delay is due to a fortuitous event or force majeure. If the delay exceeds ten days, shall be entitled passengers who request the refund of the passage; and if it is due solely to the fault of the captain or shipping, will also be able to claim compensation for damages.
The ship is exclusively engaged in the transportation of passengers, you must lead them directly to the port or ports of your destination, whatever the number of passengers, doing all of the scales that have marked on your itinerary.
Article 712.- Reimbursement in favor of the captain
The termination of this agreement, either before or after initiating the trip, the captain will have the right to claim that it has provided to the passengers.
Matches:
C. C. art. 1372.
Article 713.- Submission to the orders of the captain
In all matters relating to the conservation of the order and the police on board, passengers will be subject to the provisions of the captain, without distinction of any kind.
Article 714.- Inability to vary the target to the request of a party
The convenience or the interests of the travelers do not require or entitle the captain to join the opposition, nor to enter on points that separate the ship of their defeat, or to stop, in which it must or have precision of touch, the more time that is required by the attentions of the navigation.
Article 715.- Support the passengers during the journey
Not having an agreement to the contrary, it is assumed included in the price of the passage support the passengers during the journey; but if it were on account of these, the captain shall have the obligation, in case of need, to provide the food needed for its sustenance for a reasonable price.
Article 716.- Reputation of the passenger as a charger
The passenger shall be reputed charger in terms of the effects that a carry-on, and the captain is not responsible for what the one you keep under your immediate and peculiar custody, unless the damage is from fact of the captain or of the crew.
Article 717.- Lien for payment of the passage
The captain, to charge the price of the passage and maintenance costs, you will be able to retain the effects belonging to the passenger, and in the case of a sale of the same, shall have preference over other creditors, proceed it as if it were the payment of freight charges.
Matches:
C. C. art. 1123 ff.
Article 718.- Death of the passenger during the journey
In case of death of a passenger during the trip, the captain will be authorized to take with respect to the corpse of the provisions required by the circumstances, and keep carefully the papers, and effects, that you find on board, belonging to the passenger, looking at the features of the case 10 of article 625º, with regard to the individuals of the crew.
Matches:
C. C. art. 625 inc. 10
6th Of knowledge
Article 719.- Contents of bill of lading
The captain and the charger in the vessel will have the duty to extend the knowledge, which is expressed:
1) The name, registration and tonnage of the vessel.
2) The captain and his address.
3) The port of loading and discharge.
4) the name of The charger.
5) the name of The consignee, if the knowledge is nominative.
6) The quantity, quality, number of packages and markings of the goods.
7) The freight and the layer hired.
The knowledge may be the carrier, to the order or in the name of particular person and must be signed within twenty-four hours of receipt of the cargo on board, allowing the charger to ask for the download to coast if the captain is not what agreed, and, in any case, the damages that we sobrevinieren.(*)
Matches:
Law T. V. arts. 23 and ss, 26 and ss, 29 and ff.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 720.- Formalities of the bill of lading
Knowledge primary will be four copies of the same tenor, and will sign all of the captain and the charger. Of these, the charger will keep one and send the other to the consignee; the captain will take two, one for yes and one for shipping.
Be extended in addition to those skills deemed necessary, the interested; but, when they are to order, or to bearer, it will be stated in all copies, whether of the first four, or future, the destiny of each one, stating whether it is for the shipowner, the captain, to the shipper or to the consignee. If the copy intended for the latter duplicare, to be expressed in him to this circumstance and to not be true, but in the absence of the first.(*)
Matches:
C. C. art. 726.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 721.- Ways of transmission
The knowledge of the carrier intended for the consignee shall be transferable by the physical delivery of the document, and in virtue of endorsement extended to the order.
In both cases, the one to whom you transfer the knowledge acquired on the goods expressed in him, all the rights and remedies of the transferor, or the transferor. (*)
Matches:
Law T. V. arts. 23 and ss.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 722.- Merit of evidence in the bill of lading
The knowledge, formalized in accordance with the provisions of this section, will be of faith among all the stakeholders in the load and between them and the underwriters, except for the last evidence to the contrary.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this title"with"this section".
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 723.- Disagreement between the knowledge
If not there is compliance between the knowledge, and neither you notice amendment or scrape, they will testify against the captain or the owner and in favour of the shipper or the consignee that they have extended and signed by the former, and against the shipper or consignee, and in favor of the captain or owner that they have extended and signed by the shipper.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 724.- Responsibility for the ignore presentation of the knowledge
The bearer of legitimate knowledge that stop to introduce him to the captain of the ship prior to discharge, forcing to it by such omission to make the landing and put the load on deposit, shall be liable for the costs of storage and other that's why they arise.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 725.- Restitution of knowledge issued by variation of destination
The captain cannot change the destination of the goods. To support this variation at the instance of the charger, you should pick up before the knowledge that has been issued, under penalty of answer of the cargo to the carrier legitimate of these.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 726.- Issuance of new knowledge by the loss
If prior to delivery of the cargo was required by the captain of new knowledge, on the grounds that the non-submission of the above consists in having lost their way, or some other just cause, you will be required to give it, provided that you fasten to your satisfaction is the value of the shipment, but no change to the consignment, and expressing to him the circumstances referred to in the last paragraph of article 720, when it comes to the knowledge that the same was referred, under the penalty, in another case, to respond cargo, if his omission was delivered wrongly.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 727.- Ratification of knowledge
If before you take the ship to the sea die the captain or cesare in his office by any accident; the chargers shall have the right to request the new captain of the ratification of the first-knowledge, and he must give it, whenever it will be presented or returned all the specimens that had been issued previously, and results from the recognition of the load, which is in accordance with the same.
The expenses incurred in the knowledge of the load shall be for the account of the shipowner, without prejudice to repeat it against the first captain, if you ceased to be a fault of his own. Not getting such recognition, it is understood that the new captain accepts the burden as a result of the knowledge issued.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 728.- Effects of knowledge
The knowledge, produce action enforced to the delivery of the cargo and the payment of freight charges and expenses that have occurred.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 729.- Right of preference in case of plurality of knowledge
If several persons have knowledge to the bearer, or to order, indorsed to please her, to claim the same goods, the captain will prefer, for your delivery, you present the copy which has been issued first, except in the case of the post would have been for justification of the loss of the one and aparecieren both in different hands.
In this case, as in the filed only seconds to subsequent or copies had been issued without such justification, the captain's going to a judge or tribunalpara to verify the deposit of the goods and will be delivered by your mediation to whom it is from.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word "or tribunal", in the present article.
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 730.- Effects of the delivery of knowledge
The delivery of knowledge to produce the cancellation of all receipts provisional earlier date, given by the captain or his subordinates in receipt of partial deliveries that have been made of the shipment.(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that entered effective as of the 17-10-2000, in accordance with the Article 278 the law in question.
Article 731.- Return of knowledge
Delivered the shipment will be returned to the captain's knowledge that is signed, or at least the copy under which to make delivery, with receipt of the goods contained in the same.
The moroseness of the consignee will be responsible for the damages which the delay may cause the captain(*)
(*) Article repealed by the First Repeal of Act No. 27287 – Law of Securitiespublished on 19-06-2000, repeal that enteredeffective as of the 17-10-2000, in accordance with the Article 278 the law in question.
OF THE CONTRACT TO THE THICK, OR LOAN RISK MARITIMO
Article 732.- Concept
It is considered a loan to the thick or risk maritime, one in which, under any condition, dependent on the repayment of the sum borrowed and the prize for that reason agreed, the happy arrival to port of the effects on that are made for or of the value obtained in the event of a claim.
Matches:
C. C. art. 1648, and ss.
Article 733.- Forms of the contract to the thick
The contracts of the thick may be held:
1) By a public deed.
2) By means of policy, signed by the parties and broker involved.
3) By a private document.
In any of these ways that a contract is concluded, it will be noted in the certificate of registration of the vessel and taken from him right in the mercantile register, without whose requirements the credits of this source shall not have regard to the other preference according to their nature they are concerned, although the obligation will be effective between the parties to the contract.
Contracts concluded during the trip shall be governed by the provisions of the articles 596 and 624; and shall take effect in respect of a third party, since its issuance, if they are registered in the commercial Register of the port of registration of that vessel before the expiration of the eight days following your arrival. If it took eight days without having made the entry in the commercial Register, contracts concluded during the voyage of a ship will not take effect in respect of a third party, but from the day and date of the registration.
For policies of the contracts concluded in accordance with number 2 have executive force, shall conform to the record of the corridor that was involved in them. In the held in accordance with the number 3 will precede the recognition of the signature.
Contracts that are not laid down in writing not produce action in the trial.
Matches:
C. C. art. 1352;
C. C. arts. 596, 624, 378.
Article 734.- Content of the contract to the thick
In the contract to the thick it should be expressed:
1) The class, name and registry of the vessel.
2) The name, surname and domicile of the captain
3) The names. first name and address of who gives and who takes the loan.
4) the principal of The loan and the award agreed.
5) the term of The refund.
6) The objects pledged to reimbursement
7) The travel for which the risk is run.
Article 735.- Contracts to the order
Contracts may be extended to the order, in which case it shall be transferable by endorsement, and will become the assignee all of the rights and shall bear all of the risks applicable to the transferor.
Matches:
Law T. V. arts. 26, 27, 28.
Article 736.- Contracts in kind
Can be made loans in effects and goods, setting its value to determine the loan's principal.
Article 737.- Object on which rests the loan
The loans may be established jointly or separately:
1) On the hull of the ship.
2) On the rig.
3) On the gear, food and fuel.
4) On the machine, being the vessel of steam.
5) On goods loaded.
If you constitute on the hull of the ship, shall be further subject to the liability of the loan, rigging, gear, and other effects, food, fuel, steam machines, and the freightage earned in the voyage of the loan.
If it is done on the load, it shall be affection to refund all terms constitute it; and if on a particular object of the ship or the cargo, it will only affect the liability to which concrete and determinedly is specified.
Matches:
C. C. arts. 593 inc. 9, 756 inc 1.
Article 738.- Prohibition to contract wages and earnings
May not be loaned to the thick of the wages of the crew, or on the profits that are expected.
Matches:
C. C. arts. 794 inc. 3, 756 inc. 7
Article 739.- Disparity between loan and the value of the object
If the provider is proven that provided greater amount than the value of the object on which rests the loan to the thick, having employed the borrower fraudulent means, the loan will be valid only for the amount that the object tase pericialmente.
The capital surplus will be returned with the legal interest for the entire duration that the disbursement.
Article 740.- Refund of excess
If the total amount of the loan to load the ship is not empleare in the load, the excess will be refunded prior to shipping.
Proceed the same way with the effects taken a loan, if you have not been able to upload.
Article 741.- Loan taken for the captain
The loan that the captain will take you in point of residence of the owners of the vessel, it will only affect the part of it that belongs to the captain, if you have not given their express consent or intervened in the operation of the other owners or their proxies.
If any or some of the owners were required to deliver the amount necessary to repair or provisioning of the vessel, and not what made within twenty-four hours, the part that the negligent have in the property will be affected, in due proportion, to the responsibility of the loan.
Outside the residence of the owners, the captain will be able to take loans in accordance with the provisions of articles 596 and 624.
Matches:
C. C. arts. 596, 624.
Article 742.- Loan simple
Not coming to put at risk the effects on that money is taken, the contract shall be reduced to a loan simple, with the obligation on the borrower to repay principal and interest at the statutory rate, if he be not less agreed upon.
Article 743.- Preference of loans made during the trip
Loans made during the trip will have preference over those that are made prior to the expedition ship, and will graduate by the reverse order of their dates.
The loans for the last trip will take precedence over previous loans.
In concurrence of various loans made on the same port of call forced and with equal reason, all will be paid on a pro rata basis.
Matches:
C. C. art. 733.
Article 744.- Extinction of actions for loss of effects
The actions corresponding to the service provider are to go extinct, with the absolute loss of the effects on which the loan was made, if it proceeded from accident of the sea in the time and during the trip designated on the contract, and comprising the existence of the cargo on board; but it won't happen the same if the loss came from the vice of the thing, or struck by the fault or malice of the borrower, or by barratry of the master, or if it was caused by damage experienced on the ship as a consequence of use in smuggling, or if it proceeded to load the goods on vessel different from that designated in the contract, except if this change had been made, by reason of force majeure.
The proof of the loss rests with the one who received the loan, as well as the existence in the vessel of the stated effects to the lender as the object of a loan.
Matches:
C. C. arts. 1315, 1503 and ss;
C. C. art. 812.
Article 745.- Assumption on a pro rata basis of the faults
The providers of the thick will bear a pro rata interest to respective common faults that occur in the things on which the loan was made.
In the breakdowns simple, in the absence of express agreement of the contracting parties, will also contribute for their interest in the respective provider to the thick, not belonging to the species of a risk excluded in the previous article.
Matches:
C. C. arts. 819, 821, 822, 824.
Article 746.- Duration of the contract
Not having been fixed in the contract the time for which the mutuante risk; it is, in terms of the ship, machinery, rigging and gear, from the time you made it to the sea to the anchor in the port of its destination; and, in respect to the goods, since that is loaded on to the beach or pier of the port of shipment to download them in the consignment.
Matches:
C. C. art. 774.
Article 747.- Repayment of the loan in case of shipwreck
In case of shipwreck, the amount affects the repayment of the loan will be reduced to the product of the effects saved, minus the cost of salvage.
If the loan was on the ship or some of its parts, the freight incurred on the trip for which he has done will also answer to your payment, how to reach for it.
Article 748.- Concurrence of loan to the thick and marine insurance
If in the same vessel or cargo concurrieren loans to the thick and marine insurance, the value of which is saved will be divided in case of shipwreck, between the mutuante and the insurer, in proportion to the legitimate interest of each one, taking into account, for this, only the capital, with respect to the loan, and without prejudice to the preferential rights of other creditors, in accordance with article 593.
Article 749.- Credit legal
If the repayment of the loan, any delay by the capital and its prizes, only the first will accrue credit legal.
Matches:
C. C. art. 312.
THE SAFE SEA
1 the form of this agreement
Article 750.- Formalities of the contract
To be valid, the contract of marine insurance, will be in writing in the policy signed by the contracting
This policy is prepared and signed in duplicate, reserving a copy each of the contracting parties.
Matches:
C. C. arts. 375, 376, 377, 378, 380.
Article 751.- Content of the insurance policy
The policy of the insurance contract, shall contain, in addition to the conditions that freely giving the stakeholders, the following requirements:
1) Date of the contract, with expression of the time in which it is agreed.
2) the Name, surname and domicile of the insurer and the insured.
3) Concept in which contracts the insured, stating whether the work itself or for the account of another.
In this case, the name, surname and domicile of the person in whose name the insurance.
4) Name, port, flag and registration of the insured ship or drive the effects insured.
5) Name, surname and domicile of the captain.
6) Port or harbour, in which have been or shall be charged to the goods insured.
7) Port where the vessel has the game, or must leave.
8) Port or harbour in which the ship should upload, download or make scales for any reason.
9) the Nature and quality of the insured objects.
10) Number of bundles or lumps of any kind, and their brands, if applicable.
11) Time shall begin and end the risk.
12) Amount insured.
13) Price agreed by the insurance, and the place, time and form of payment.
14) any Portion of the prize that corresponds to the outward journey and the return, if the surety is to round-trip.
15) the Obligation of the insurer to pay for the damage that occurs to the effects insured.
16) The place, time or manner in which will be made the payment.
Matches:
C. C. arts. 377, 378.
Article 752.- Contracts abroad
Contracts and insurance policies that authorize the consular agents abroad, being peruvians contracting, or any of them, shall have the same legal value as if they have been verified with the intervention of a broker.
Article 753.- Insurance on a plurality of goods
In the same contract and the same policy will be able to understand the insurance of the vessel and the cargo, pointing out the value of each thing, and distinguishing the sums insured on each of the objects, without whose expression will be ineffective insurance.
You can also in the policy, set different awards to each secured object.
Several insurers will be able to subscribe to the same policy.
Article 754.- The omission of specific designation of goods
In the insurance of the goods may be omitted when the specific designation of them and of the vessel being transported, when not mentioned these circumstances to the insured.
If the ship in these cases, suffers an accident of the sea, will be required the insured to prove, in addition to the loss of the vessel, its output of the load port, shipment by your account of the effects of lost and their value, to claim compensation for damages.
Article 755.- Policy of insurance to the order
The insurance policies can be extended to the order of the insured, in which case they will be endorsed.
Matches:
Law T. V. arts. 26, 27, 28, 33 and ff.
2nd Of the things that can be insured and your assessment
Article 756.- Property subject to marine insurance
May be the subject of marine insurance:
1) the hull of The vessel in ballast or loaded, in port or on the road.
2) The rig.
3) The machine, being steam ships.
4) All the accoutrements and objects that constitute the weaponry.
5) Food and fuels.
6) The amounts given to the thick.
7) The amount of the freight and profit likely.
8) All the business objects subject to the risk of navigation, whose value can be set in the specified amount.
Matches:
C. C. arts. 589, 737, 757.
Article 757.- Arrangements for the insurance of goods
Will be able to make sure all or part of the objects expressed in the preceding article, together or separately, in time of peace or war, for travel or at term, by one-way trip or round trip, on good news or bad news.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"unto the end"with"or to"term".
Match:
C. C. art. 756.
Article 758.- Extension of insurance to the accessories of the vessel
If expresare generically in the policy that the insurance was made on the ship, will be understood to be comprehended in it, the machines, rigging, gear, and as soon as it is attached to the vessel, but its not loading, although belonging to the same shipowner.
In the safe generic goods will not be deemed to have been included metals amonedados or in bullion, the stones prices, and the munitions of war.
Matches:
C. C. art. 589.
Article 759.- Insurance on the freight
The insurance on freight may be made by the shipper, by the fletante or the captain, but they will not be able to ensure the advance which has been received on account of freight, but when they are expressly agreed that, in case of not accrue one wreck or loss of the load, will return the amount received.
Matches:
C. C. arts. 665 ff., 853 ff.
Article 760.- Expression of the amount in insurance on freight
In the freight insurance will express the sum amounts, which shall not exceed what appears in the charter contract.
Matches:
C. C. arts. 665 ff.
Article 761.- Insurance benefits
The insurance benefits shall be governed by the covenants in that accrue to the contracting, but will be recorded in the policy:
1) The amount determined in that fixed the insured the benefit, once arrived happily and sold the cargo at the port of destination.
2) The obligation to reduce the insurance if, compared to the value obtained in the sale, discounted costs and freight costs, with the value of the purchase, it is less than the value of the insurance.
Matches:
C. C. arts. 377, 378.
Article 762.- Reinsurance maritime
May the insurer do to reassure other effects he insured, in whole or in part, with the same or a different prize, as well as the insured may also ensure the cost of insurance, and the risk that may be running in the collection of the first insurer.
Matches:
arts. 394, 395.
Article 763.- Percentage at the risk of the owner of the goods
If the captain he / she buys the insurance, or the owner of the insured goods were on the same ship as the porteare, will always ten percent of their risk, not having expressly agreed otherwise.
Matches:
C. C. art. 764.
Article 764.- Coverage of the insurance on the ship
In the insurance of the vessel means that only the insurance cover four-fifths of its amount or value, and that the insured risks for the fifth remaining part, not to be expressly stated in the policy agreed otherwise.
In this case, and in the article above, will be deducted from the insurance to the amount of the loans taken to the thick.
Matches:
C. C. arts. 764, 732, and ss.
Article 765.- Assessment of the effects insured
The subscription of the policy creates a legal presumption, that the insurers admitted as the accurate assessment made in it of the effects insured; except in cases of fraud and malice.
If there be exaggerated assessment, we will proceed according to the circumstances of the case to know.
If the exaggeration has acted in error, and not of malice attributable to the insured, it will reduce the insurance to its true value, fixed by the parties by agreement or by opinion in part. The insurer will return the excess of the premium received, retaining, however, a half percent of this excess.
If the exaggeration is by the fraud of the insured, and the insurer proven, the insurance will be null for the insured, and the insurer will earn the bonus without prejudice to the criminal action that corresponds to him.
Article 766.- Exchange rate of foreign currency
The reduction in the value of the national currency, when it has fixed in foreign, will be made at the current rate at the place and on the day you signed the policy.
Matches:
C. C. arts. 1234, 1235.
Article 767.- Rules for determining the value of property insured
If, at the time of the contract, has not been fixed with specification of the value of the insured goods, you will determine this:
1) bills of appropriation.
2) declaration of runners or experts, that will come taking as a basis of his judgment the price of the effects in the port of departure, plus the cost of shipping, freight, and customs.
If the security falls on merchandise for return from a country in which the trade is made just for exchange, we will fix the value that caused the effects permuted at the port of departure, with all the expenses.
Matches :
C. C. arts. 1602, 1603.
3rd Obligations between the insurer and the insured
Article 768.- Grounds for source of compensation for insured property
The insurers will indemnify the damages that the insured object experience any of the following causes:
1) Beached or commitment of the ship, with break or without it.
2) Temporary.
3) Shipwreck.
4) Approach to acts of god.
5) Change the route during the trip or vessel.
6) Echazón.
7) Fire or explosion, if aconteciere merchandise, both on board as if they were deposited in the earth, always has been alijado by order of the competent authority, to repair the ship or the benefit of the cargo, or a fire by spontaneous combustion in the coal mines of the steam-ships.
8) Seizure.
9) Looting.
10) a Declaration of war.
11) However, by order of the Government
12) Retention by order of a foreign power
13) Retaliation.
14) Any other accidents or hazards of the sea.
The contract may provide for exceptions that are convenient, mencionándolas in the policy, without whose requirement does not take effect.
Matches:
C. C. arts. 378, 839 and ss; 853 ff.
Article 769.- Causes of which are not susceptible of compensation
Will not respond to the insurers of the damages that happen to the things insured by any of the following causes, although they have not been excluded in the policy:
1) voluntary Change of direction of travel, or vessel, without the express consent of the insurers.
2) spontaneous splitting of a convoy, having stated that it would be preserved with him.
3) Prolongation of the voyage to a port in more remote than the one designated on the insurance.
4) Provisions arbitrary and contrary to the charter party or knowledge, made by order of the fletante, shippers and charterers.
5) Barratry of the pattern, not to be that it was covered by the insurance.
6) Waste, spills and expenditure from the nature of things insured.
7) Lack of the documents prescribed in this Code, in the ordinances and regulations of the navy or navigation or omissions of another class of the captain, in contravention of the provisions of the administrative, not to be taken by the insurer to the barratry of the pattern.
In any of these cases insurers will own the prize, provided that they have begun to take the risk.
Article 770.- Cargo insurance-contracted round trip
In cargo insurance contracted for round trip, if the insured is not covered cargo to the return, or only covered less than two-thirds, it will reduce the prize back in proportion to the loading that is drawn, paying in addition to the insurer a half percent of the party ceases to conduct.
Shall not, however, downgrade, in the event that the cargo has been lost in the round, except for the special covenant modify any provision of this article.
Article 771.- Insurance plurality of insurers
If the shipment is insured by several insurers in different amounts, but without designating the particular objects of the insurance will pay compensation in case of loss or damage, for all insurers, in proportion to the amount insured by each one.
Article 772.- Distribution of loads secured on various ships
If it were designated different vessels to load the things insured, but without expressing the amount that has to embark in the vessel, can the insured distribute the cargo as best suits him, or lead him on board one, but it is not nullify the liability of the insurer. More, if any, made specific mention of the amount insured on each ship, and the cargo is put on board in an amount different from those that have been pointed out to each one, the insurer will not have more responsibility than that which has contracted in each vessel. However, be charged a half percent of the excess that has been loaded on them about the amount contracted.
If there remain but a ship without cargo, it will be deemed cancelled the insurance as to him, by the payment before expressed half a per cent on the excess embarked on others.
Article 773.- Disabling the vessel nominated
If, by disabling the ship before leaving the port, the load is trasbordase to another, will the insurers option to continue or not the contract, paying for damage that may have occurred; but if the disqualification arises after the start of the trip, shall be borne by the insurers to the risk, even when the ship is of different size and pavilion that is designated in the policy.
Matches:
C. C. art. 653 inc. 5; 703 inc. 5.
Article 774.- Insurance for an indefinite period
If not been set in the policy, the time during which they run the risks for the account of the insured, you will notice prescribed in article 746 on loans to the thick.
Matches:
C. C. art. 746.
Article 775.- Insurance fixed-term
In the insurance term, the liability of the insurer shall cease to be in the time that it complies with the stipulated time.
Article 776.- Unloading of merchandise in nearest port
If for the convenience of the insurer of the goods is discharged in a port next to the one designated to take the trip, the insurer will be yours without discount of any prize hired.
Article 777.- Inclusion of the scales necessary
Shall be covered by the insurance, if expressly not been excluded in the policy, the scales that need to be made for the preservation of the vessel or its cargo.
Article 778.- Communication on damage or loss of the insured goods
The insured shall notify the insurer by the first mail following that he receives, and by telegraph, if any, news relating to the course of the navigation of the ship, insured, and damage or loss sustained by the insured goods, and shall be liable for damages for his failure will give rise to.
Article 779.- Loss of goods by the captain
If you lose goods insured for the account of the captain that shall command the ship in which they were shipped, there will be the one to justify to the underwriters to purchase by means of the invoices from the vendors and the boarding and driving in the ship, for certification of the peruvian Consul, competent authority or, where not available, the port where the bore, and the other documents of accreditation and issuance of the customs.
The same obligation shall have the insurers who are sailing with their own merchandise, unless otherwise stated.
Article 780.- Increased prize in the event of war
If it be stipulated in the policy increased prize in case of strike, war, and has not been fixed, both the increase, regulate it, to a lack of conformity between the persons concerned, by experts appointed in the manner provided in the Code of Prosecutions, Civil, taking into consideration the circumstances of the insurance and the risks run.
Article 781.- Refund free of the ship or its cargo
The refund free of the ship or its cargo to the captain by the apresadores, will give the benefit of the respective owners, without obligation on the part of insurers, to pay the amounts claimed.
Article 782.- Documentation for claims from the contract of insurance
Any claim from the insurance contract, shall be accompanied by documents proving:
1) the voyage of The ship, with the protest of the captain, or a certified copy of the book for navigation.
2) The shipment of the insured objects, with the knowledge and shipping documents for customs.
3) The insurance contract, with the policy.
4) The loss of the insured goods, with the same documents to the number 1 and the declaration of the crew, if necessary.
In addition, it shall be the discount of the insured objects, prior to the recognition of experts.
The insurers will be able to contradict the claim and will be admitted on this evidence at trial.
Article 783.- Deadline for the payment of the compensation
Submitted the supporting documents, the insurer shall, when they found them agreeable, and justified the loss, pay the compensation to the insured within the period specified in the policy, and in his absence, to the ten days of the claim.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910, deleted the word"or tribunal", in the present article.
Article 784.- Payment of compensation for the ship is damaged
If the insured ship suffers damage by accident of the sea, the insurer will pay only two-thirds of the cost of repair, get it or not. In the first case, the amount of the costs be justified by the means recognized in the law in the second, it will be appreciated by experts.
Only the shipowner, or to the captain authorized to do so, may choose not to repair the ship.
Article 785.- Increase in value of the ship repaired
If as a result of the repair, the value of the ship aumentare in more than a third part of which he hath given on the insurance, the insurer will pay two-thirds of the amount of the repair, minus the greater value that it has given to the vessel.
More, if the insurer proves that the greatest value of the ship was out of repair, but to be the new vessel and to have occurred the fault on the first trip, or that they were machines or rig and gear destroyed, will not take the deduction for the value increase, and the insurer will pay two-thirds of the repair, in accordance with rule 6a. article 867.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, was replaced in the second part of this article, the first word"insurer"with"insured".
Matches:
C. C. art. 867 inc. 6.
Article 786.- Abandonment of the ship by excess of the value of your repair
If the repairs exceed three-quarters of the value of the ship, it will be understood that it is disabled to navigate, and will proceed to the abandonment; and, not making this statement, to be paid by the underwriters to the amount of the insurance, deduction of the value of the ship failed, or their remains.
Matches:
C. C. art. 802 ff.
Article 787.- Compensation from breakdowns thick
When it comes to compensation from breakdown thick, completed operations, arrangement, liquidation and payment of the same, the insured shall deliver to the insurer all the accounts and supporting documents to claim the compensation of the amounts that would have been. The insured will examine the settlement, and will make the settlement, and hallándola according to the conditions of the policy, you will be obliged to pay the insured the amount within the agreed period or, failing that, in the eight days.
From this date will begin to accrue interest the sum due.
If the insurer found the settlement in accordance with what is agreed in the policy, you can claim before the judge or court of competent jurisdiction, in the same period of eight days, constituting deposit the amount claimed.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910, deleted the word"or tribunal", in the present article.
Matches:
C. C. arts. 819, 821, 824.
Article 788.- Limit of indemnity
In any case it may be required to the insurer a sum greater than the total amount of the insurance, is that the ship is saved after an arribada forced for repair of a fault, the lose is the part that is to be paid by the average amount more than the insurance, or the cost of different breakdowns and repairs in a single trip, or within the term of the insurance in excess of the sum insured.
Matches:
C. C. arts. 824, 832, and ss.
Article 789.- Rules applicable in case of breakdowns simple
In the case of single fault with respect to the goods insured, observe the following rules:
1) Everything that has gone missing due to theft, loss, sale, travelers, by reason of deterioration, or by any of maritime accidents covered by the insurance contract, will be justified in accordance with the invoice value, or, in his default, by the which he hath given on the insurance, and the insurer will pay your amount.
2) In the case of that, where the ship-to-shore, are damaged goods, in whole or in part, the experts will show the value they would have if they come in the healthy state, and who have in their state of deterioration.
The difference between both values liquids, made in addition to the discount of the rights of the customs, freight, and any others of a similar nature, shall be the value or amount of the damage, adding the costs of lawsuits, and other, if any.
Having gone to the breakdown on all the cargo insured, the insurer will pay in full for the demerit that is, more if you are only able to restore it to a party, the insured will be refunded in proportion.
If it has been the subject of a special insurance for the benefit of likely to a charger, will be settled separately.
Matches:
C. C. arts. 819, 821, 822.
Article 790.- Justification of the right of the injured party for damage simple
Fixed by the experts, the single fault of the vessel, the assured justify your right pursuant to the provisions of the end of the number 9 of article 593º, and the insurer will pay in accordance with the provisions of the articles 871 and 872.
Matches:
C. C. arts. 593, inc. 9, 871, 872.
Article 791.- Prohibition of sale of the insured property
The insurer may not require the insured to sell the object of the insurance is to set its value.
Article 792.- Valuation of property in a foreign country
If the valuation of the things insured is to be done in a foreign country, you are to observe the laws, usages and customs of the place in which it shall take place without prejudice to submit to the requirements of this Code for the verification of the facts.
Article 793.- The right of subrogation of the insurer
Paid by the insurer, the amount insured, it shall be subrogated in the place of the insured for all the rights and actions against the malice or negligence caused the loss of the effects insured.
Matches:
C. C. art. 1260 and ss.
4th Of the cases in which cancels, terminates or modifies the contract of insurance
Article 794.- Cases of nullity of the contract
It will be void the contract of insurance that falls:
1) On a vessel or goods affections above to a loan to the thick throughout its value.
If the loan is to thick it weren't for the whole value of the vessel or the goods, you will be able to survive the insurance on the part that exceeds the amount of the loan.
2) About the lives of crew and passengers.
3) On the wages of the crew.
4) On genres of illicit trade in the country of the flag of the ship.
5) On vessel dedicated usually to smuggling, resulting in the damage or loss by virtue of the fact; in which case it shall be paid to the insurer, the half percent of the amount insured.
6) On a ship, without a force majeure is prevented, is not made on the sea in the six months following the date of the policy, in which case, in addition to the cancellation, will proceed to the payment of one-half percent to the insurer of the insured sum.
7) On a vessel that let embarking on the trip, or to arrive at a point other than the one specified; in which case it shall also paid to the insurer, the half percent of the amount insured.
8) About things whose valuation is guilty of falsehood knowingly. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, are replaced in subparagraph five of this article, the word"currently"with"usually".
Matches:
C. C. art. 219; C. C. art. 797.
Article 795.- Plurality of contracts on the same well
If they have been made without fraud different insurance contracts on the same object, will endure only the first, such that it covers all of its value.
The insured later date, will be free of responsibility and will receive a half percent of the amount insured.
Not covering the first contract for the full value of the insured object, shall be the responsibility of the excess over the insurers who were hired later, following the order of dates.
Article 796.- Communication of the termination of contracts of insurance
The insured is not he shall deliver them from paying the prizes whole different insurers, if not do you know the postponed the termination of their contracts before they have reached the object insured to the destination port.
Matches:
C. C. arts. 1370, 1371, 1372.
Article 797.- Contract of insurance after loss or arrival of the insured object
The insurance made subsequent to the loss, damage, or happy arrival of the insured object at the destination port, will be null and void whenever that might be assumed to be rationally that the news of what one or the other had come to the knowledge of any of the contracting parties.
There will be this presumption, when any posted the news in a square, measure the time needed to communicate by mail or telegraph to the place where you purchased the insurance, without prejudice to other tests that can produce the parts.
Match:
C. C. art. 794.
Article 798.- Contract of insurance on good news or bad news
The contract of insurance on the good or bad news, is not void, if not test the knowledge of the event expected to be feared by one of the contracting parties at the time to check the contract.
In case you try it, you pay the fraudster to your coobligado, one-fifth of the amount insured, without prejudice to the criminal liability that might arise. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"bound"by"coobligado".
Article 799.- Safe with the knowledge of loss of the insured goods
If he that doeth the safe, knowing the total or partial loss of the insured goods, obrare for the account of others, you will be personally responsible for the fact as if it has done for its own account, and if, on the contrary, the commissioner is innocent of the fraud committed by the owner insured, will fall on all the responsibilities, being always responsible to pay to the underwriters in the award agreed.
The same applies with respect to the insurer, when he / she buys the insurance commissioner, and he knew how to the rescue of the things insured.
Article 800.- Bankruptcy of the insurer or the insured
If, pending the risk of the things insured, are declared bankrupt the insurer or the insured, they will have both rights to demand a guarantee, to cover the liability of the risk, and that, to obtain payment of the award, and if the representatives of the bankruptcy should refuse to do so within the three days following the application will be terminated the contract.
In case of occurrence of the loss within these three days without having paid the deposit, there will be no right to compensation, or to the award of the insurance.
Article 801.- Insurance fraudulently by a plurality of insurers
If hired insurance fraud by several insurers, one or some have acted in good faith shall have these rights to get the prize full of your insurance, of those which had preceded it, with malice and the insured free of all responsibility.
In the same way we shall proceed with respect to the insured with insurers, when they are some of the authors of the fraudulent insurance.
5 Of the abandonment of the insured goods
Article 802.- Abandonment of things insured
May the insured to abandon, for the account of the insurer, the insured goods, requiring the insurer the amount of the amount stipulated in the policy.
1) In the case of shipwreck.
2) In the disqualification of the ship to navigate, per vessel, break, or any other accident of the sea.
3) In the capture, seizure or detention by order of the national Government or foreign
4) In the total loss of the insured goods, i.e., the decrease in three-fourths of the insured value.
Other damages will be assumed to be failures and will be supported by the appropriate persons according to the conditions of the insurance and the provisions of this Code.
Will not neglect in any of the first two cases, if the vessel shipwrecked, stranded or disabled, you may desencallarse, get afloat, and repaired to continue the journey to the port of their destination, unless the cost of repair would exceed three-quarters of the value that is in the insured ship.
Matches:
C. C. arts. 819 and ss; 853 ff.
Article 803.- Rehabilitation of the ship
With the rehabilitation of the ship, they will only respond to the insurers for the costs incurred by the stranding or other damage which the ship received.
Article 804.- Obligation of the insured in cases of shipwreck and capture
In cases of shipwreck and capture, the insured shall have the obligation to do the errands that would advise the circumstances, to save or to recover the effects lost, without prejudice to the abandonment that it is responsible to do his time, and the insurer will reintegrale of the legitimate expenses for the rescue did, until the concurrence of the value of the effects saved, which will be effective in default of payment.
Article 805.- Total disqualification from the vessel
If the vessel becomes absolutely unavoidable to navigate, the insured will have the obligation to give this notice to the insurer, just telegraphically to be possible, and if not, by the first mail following receipt of the news. Those interested in the cargo who may be present, or in his absence, the captain, and practiced all the diligence possible to drive the cargo to the port of their destination, in accordance with the provisions of this Code, in which case it shall be borne by the insurer of the risks and costs of unloading, storage, reembarque or transhipment, surplus of freight and all the others, until he is elected by the effects insured at the point designated in the policy.
Article 806.- Abandonment of goods
If, in spite of the procedures carried out by those interested in the cargo, captain, and insurers, to drive the goods to the port of your destination is not covered vessel in which to verify the transport, may be the insured owner make abandonment of the same.
Article 807.- Trip interruption
In case of interruption of the trip, however, or forced detention of the vessel, you will have the insured obligation to communicate to the insurers as soon as you get your news.
He shall, in addition, to pay to the underwriters as many aid are in your hand to get the lift of the embargo, and should do for yourself the steps appropriate to the purpose, if, by being the insurers in remote country, unable to act in accordance with these.
Article 808.- Term for the origin of abandonment
The insured will not be able to use the action drop-until expiry of the period of six months, that, without prejudice to the provisions of article 805º, you will enjoy the insurer to conduct the goods to their destination, in cases of total disqualification from the ship to navigate, and the journey is interrupted by seizure or forced detention of the same.
Matches:
C. C. arts. 805, 810.
Article 809.- Scope of the abandonment of the ship
It will be understood understood in the abandonment of the ship, the freight of the goods that were saved, even when they have been paid for in advance, considering membership of the underwriters, subject to the rights that fall within the jurisdiction of the other creditors, in accordance with the provisions of article 593.
Matches:
C. C. art. 593.
Article 810.- Computation of the period for the abandonment
The six-month period laid down in article 808, it will start to run from the day on which the insured hath given to the insurer notice of the claim.
It is understood that the insured has received the news of this, since it was made public, through newspapers, either by running, as some among the merchants of residence of the insured, or because you can prove to it that he received notice of the claim by letter or telegram from the captain, the consignee or any correspondent.
Matches:
C. C. art. 808
Article 811.- Abandonment in the case of trips and domestic long not to receive news of the ship
You will also have the insured the right to abandon you, after having spent a year of travel of cabotage and two in the long, without receiving news of the ship.
In this case, you can claim from the insurer the compensation for the value of the amount insured, without being obliged to justify the loss, but must prove the lack of news, with certification of the Consul or the maritime authority of the port from which it came, and one of the Consuls to the maritime authorities of the destination of the vessel and its registration, which prove not to have come to them during the fixed term.
Article 812.- Presumption of the time of the loss
If the insurance has been contracted term limited, there will be a legal presumption that the loss occurred within the agreed time period, unless the proof that you can make the insurer, that the loss came after you have finished your responsibility.
Article 813.- Statement of insurance contracts on effects abandoned
The insured at the time of making the abandonment, you need to declare all the insurance contracts on the effects of abandoned, as well as loans taken to the thick about them, and until you have made this statement, does not begin to run to the period in which shall be refunded to the value of the effects.
If you commit fraud in this statement, you will lose all the rights that concern the insurance, without stop responding for the loans they took on the effects insured, however their loss.
Matches:
C. C. art. 744.
Article 814.- Seizure of the vessel
In case of seizure of the vessel, and, having no time the insured to proceed with the agreement of the insurer, or wait for instructions of yours, shall by himself, or the captain in his default, to proceed to the rescue of the things insured, putting him in knowledge of the insurer on the first occasion.
This may or may not accept the agreement by the insured or by the captain, communicating its decision within twenty-four hours following the notification of the convention.
If accepted, to be supplied in the act in the amount agreed by the rescue, and will be in your account the risks subsequent to the trip, according to the conditions of the policy. If you do not accept, you will pay the amount insured, losing all rights to the effects rescued, and if, within the term fixed, not manifestare its resolution, it is understood that rejects the agreement. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"auction"with"ransom."
Article 815.- Damming of the ship
If, due to dammed the ship, returned to the insured in the possession of his effects, shall be deemed to breakdown all the costs and damages caused by loss, being the account of the insurer reimbursement, and if, as a consequence of the dam, they pass the effects secured to the possession of a third party, the insured may use the right of abandonment.
Article 816.- Transfer of ownership of property abandoned
Admitted to the abandonment, or declared to be admissible in court, the property abandoned, with the improvements or deficiencies in it have occurred from the time of abandonment, it shall be transmitted to the insurer, without exempted from the payment of the repair of the vessel legally abandoned. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, was replaced in the present article, the words"repair"with"repair".
Matches:
C. C. art. 916 and ss;
C. C. art. 818.
Article 817.- Inadmissibility of abandonment
Shall not be admissible abandonment:
1) If the loss occurred before the start of the trip.
2) If it is done in a way partial or conditional, without understanding all of the effects insured.
3) If you do not put in knowledge of the insurers for the purpose of doing this, within four months following the day on which the insured has received the news of the loss occurred, and if it does not enter into the abandonment of ten and eight days in the same way.
4) If not opts for the same owner, or person specially authorized by him or by the commissioner to purchase the insurance.
Matches:
C. C. art. 802.
Article 818.- Deadline for payment in the event of abandonment
In the case of abandonment, the insurer shall pay the amount of insurance within the time fixed in the policy, and not having been expressed term in it, within sixty days of admitted abandonment, or have been made to the statement of the article 816.
Matches:
C. C. art. 816.
OF THE RISKS, DAMAGES AND ACCIDENTS TRADING MARITIMO
THE BREAKDOWN
Article 819.- Legal concept of breakdowns
For the purposes of the Code will be breakdowns:
1. All extraordinary expenditures or eventual, in order to preserve the ship, the cargo, or both, occurred during the navigation.
2. Any damage or defect that sustained by the vessel, from which it is made, to the sea at the port of departure, to give background, and pin in the destination; and those who suffer the goods from loading at the port of shipment, to download them to your consignment.
Article 820.- Ordinary expenses for the account of the fletante
The expenses small and ordinary, typical from the navigation, such as the piloting of coasts and harbors, boats and trailers, anchorage, visiting, health, quarantine, lazaretto, and other so-called port, the freight barges and download up to placing the goods in the dock, and any other common navigation; they are considered ordinary expenses for the account of the fletante, in the absence of express agreement to the contrary.
Article 821.- Classes of faults
The breakdown will be:
1. Simple or specific.
2. Thick or common.
Article 822.- Breakdowns simple or particular
Will be breakdowns simple or particular, as a general rule, all the expenses and damages caused to the vessel or its cargo, which have not resulted in benefit and common benefit of all those interested in the ship and its cargo, and especially the following:
1. The damage that sobrevinieren the cargo from loading to the unloading, as well as the inherent vice of the thing, as if by accident of sea or by force majeure, and the expenses incurred to prevent and repair them.
2. The damages and costs that sobrevinieren to the ship on his helmet, gear, weapons and accoutrements, by the same causes and motives, from the sea at the port of departure, until he anchored and fondeó at your destination.
3. The damages suffered by the goods loaded on deck, except in coastal navigation, if the ordinances maritime allow it.
4. Wages and food for the crew, when the ship is detained or embargoed for legitimate order or force majeure, if the charter is hired by a both the trip.
5. The necessary expenses of shipment to a port to be repaired or provisioned.
6. The lower value of the genres that are sold by the captain's arrival forced for payment of food and to save the crew, or to meet any other need of the ship, to which position will the appropriate subscription.
7. Food and wages of the crew, while you were the vessel in quarantine.
8. The damage inflicted to the ship or cargo by the collision or collision with another, being incidental and unavoidable.
If the accident occurs by the fault or neglect of the captain shall be liable for all damage caused.
9. Any damage due to loading for mistakes, oversights or baraterías of the captain or of the crew; without prejudice to owner's right to compensation against the captain, the vessel and the freight.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"no-load"with"your load".
Article 823.- Responsible for troubleshooting simple
The owner of the thing that gave rise to the expenditure or receipt of the damage, shall bear the breakdowns simple or specific.
Article 824.- Breakdowns thick or common
Will be breakdowns thick or common, as a general rule, all damages and expenses which are caused deliberately, to save the ship, its cargo, or both at the same time, of a known risk, and cash, and in particular the following:
1. The effects or metallic invested in the rescue of the ship's cargo caught by enemies, privateers, or pirates; and the food, salaries and expenses of the vessel detained while it is done to the settlement of the rescue.
2. The effects thrown into the sea to lighten the ship, since they belong to the shipment, the ship or the crew; and the harm that such an act is to the effects that are retained on board.
3. The wires and poles that are cut off, or disable, the anchors and the chains have to be abandoned in order to save the cargo, the vessel, or both.
4. The costs of stash or transfer of a part of the cargo to lighten the ship and put it in a state of taking port or harbor, and the prejudice that they make to the effects located or trasbordados.
5. The damage caused to the effects of loading, by the opening made in the ship to desaguarlo and prevent zozobre.
6. The expenditures made to put afloat a ship run aground on purpose in order to save him.
7. The damage caused to the vessel that was necessary to open, pierce, or tear, to save the cargo.
8. The expenses of healing and nourishment of the crew members who have been injured or damaged in defending or saving the vessel.
9. The wages of any individual of the crew stopped hostage by enemies, privateers, or pirates, and the expenses caused in his prison, until returned to the vessel or to your home address, if you prefer.
10. The salary and food of the crew of the ship chartered by months, during the time he was arrested detained by force majeure or government order, or to repair the damage caused to the common benefit.
11. The impairment resulting in the value of equality sold in arribada forced to repair the ship by reason of a breakdown thick.
12. The costs of liquidation of the fault.
Article 825.- Responsible for troubleshooting thick
To meet the amount of damages, thick or common, will help everyone interested in the vessel and cargo to existing in it at the time of the failure.
Article 826.- Authorization for expenses and damages due to the failure of thick
To make the expenses and cause the damage corresponding to gross average, leading to resolution of the captain, after discussion with the pilot and other officers of the ship, and hearing of the parties interested in the cargo who may be present.
If these are opusieren, and the captain and officers, or most of them, or the captain away from the majority, consider the necessary measures, will be able to run under its own responsibility, without prejudice to the right of the chargers to exercise his own against the captain to the competent court, if they could prove that it was carried out with malice, lack of skill or carelessness.
If you are interested in the charge, being in the ship were not ears, they're not contributing to the breakdown thick, attributable in this part to the captain; to not be the urgency of the case should be such that it lacked the time for the pre-deliberation.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 827.- Formalization and reasoning in damages for failure common
The agreement adopted to cause the damages that constitute general average, be extended necessarily in the book of navigation; expressing the reasons and the reasons on which it is supported, the vows to the contrary, and the foundation of dissent, if any, and the causes irresistible and urgent obeyed the captain, if he worked for himself.
In the first case, the act shall be signed by all present that they knew how to do it, if possible, before proceeding to the execution; and when it is not, at the first opportunity. In the second, by the captain and the officers of the ship.
In the act, and after the agreement, shall be expressed circunstanciadamente all thrown objects and mention shall be made of the damage that they cause to those kept the vessel. The captain will be required to deliver a copy of this act to the judicial authority's maritime first port in which you arrive, within twenty-four hours of his arrival, and ratify it after his oath.
Article 828.- Order in which they are to be made by the fearlessness of effects
The captain will lead the echazón and send it to shed the effects in the following order:
1.Those who are found on deck, beginning with the pregnant maneuver or harm to the vessel; preferring, if possible, the heaviest and least utility and value.
2. Which are under the top cover, always starting by the more weight and less value, up to the amount and number that was absolutely indispensable.
Article 829.- Proof of the existence of the on-board effects
To which may be imputed in the breakdown thick and have a right to compensation to the owners of the effects thrown into the sea, it will be necessary that, in terms of the load, confirming their existence on board with the knowledge; and in respect to those belonging to the vessel with the inventory formed prior to departure, in accordance with the first subparagraph of article 625.
Article 830.- Compensation in the case of transshipment
If, lightening the ship by reason of a storm, to facilitate their entry into the port or harbour, is transbordase to boats or boats of any part of the shipment and will be disqualified, the owner of this party will be entitled to the compensation, as caused the loss of general average; distributed amount between the totality of the vessel and the cargo, as appropriate.
If, on the contrary, the goods transhipped is salvaren and the ship pereciere, no liability may be required to the rescue.
Article 831.- Reputation of general average
If, as a necessary measure to cut a fire in port, harbor cove or bay is determined by scuttling a ship, this loss will be considered to be average, to contribute to the vessel saved.
OF THE ARRIVALS FORCED
Article 832.- Arribada forced
If the captain, during the navigation, believe that the vessel cannot continue the trip to the port of your destination for the lack of food, the well-founded fear of seizure, privateers, or pirates, or by any accident of the sea that it disable to sail; to meet the officers, to cite those interested in the cargo who may be present and attend board without the right to vote; and if, having examined the circumstances of the case, is held to be founded in reason, we will approve the arrival to the point closest and most convenient, lifting and spreading in the book of navigation of the appropriate certificate, which is signed by all.
The captain shall have a casting vote, and those interested in the burden will be able to make claims and protests that they deem appropriate, which are inserted in the act for use as they will see convenirles.
Article 833.- Cases arrival illegitimate
The arribada is not considered legitimate in the following cases:
1. If the lack of food need not to have gotten the supplies necessary for the trip, according to custom and usage, or if you have unused or lost due to poor placement or neglect in their custody.
2. If the risk of enemies, privateers, or pirates, it has not been well known, manifest, and founded in a positive fact, and justifiable.
3. If the damage of the ship proviniere not been repaired, armed, equipped, and prepared conveniently for the trip, or to any provision of the unfortunate captain.
4. Always there in the cause of the failure, malice, negligence, unpredictability or lack of skill of the captain.
Article 834.- Costs for shipment forced
The expenses of the arribada forced will always be for the account of the shipowner or fletante; but they will not be held responsible for any damages that may be traced to the chargers due to the shipment, provided that it has been legitimate.
Otherwise, they will be severally the shipowner and the captain.
Article 835.- Court authorization to download for repair
If you can make repairs on the ship, or because there is danger that the load suffers a breakdown, necessary to proceed to the download; the captain shall apply to the judge or court of competent jurisdiction, authorization for the stash, and carry it out with the knowledge of the person concerned, or representative of the load, if any.
In a foreign port, shall give the authorization to the peruvian consul where the hague.
In the first case, the costs of the account of the shipowner; and in the second, shall be borne by the owners of the goods for whose benefit it is made the operation.
If the download is verified by both causes, the costs will be distributed proportionally between the value of the vessel and the cargo.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 836.- Responsible for the custody and preservation
The custody and preservation of the cargo landed, will be in charge of the captain, who will respond to him, not to mediate force majeure.
Article 837.- Court authorization to sell the cargo failed
If it appears broken all the cargo or any part thereof, or any eminent danger they were to break down, can the captain ask the judge or court of competent jurisdiction, or the consul, in his case, the sale of all or part of one; and this I should be aware of, authorize, prior recognition and statement of experts, notices and other formalities of the case, and annotation in the book, as it prevents in the article 637.
The captain will justify in your case the legality of his conduct, under penalty of responding to the charger of the price that they would have the goods arrive in good condition to the port of your destination. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 838.- Responsibility not to continue the journey
The captain is liable for the damages caused his delay, if halting the reason that gave rise to the arribada forced not to continue the trip.
If the reason the shipment has been the fear of enemies, privateers, or pirates, they will proceed to the exit, deliberation and agreement in the board of officers of the ship, and interested in the cargo who are found present in accordance with the provisions of article 832.
APPROACHES
Article 839.- Compensation for boarding culpable
If a ship is addressed to another, through the fault, negligence or lack of skill of the captain, pilot or any other individual of the endowment, the shipowner of the ship abordador shall indemnify the damages and injuries that have occurred, prior to the expert evaluation.
Article 840.- Shared responsibility approach
If the approach is imputable to both vessels, each one shall bear his own damages, and both shall be held severally liable for the damages caused in their loads.
Article 841.- It was impossible to determine the cause of the approach
The provision of the preceding article is applicable to the case where it cannot be determined which of the two vessels has been the cause of the approach.
Article 842.- Civil and criminal liability of the offender
In the cases expressed are unless the civil action by the owner against the person causing the harm, and the criminal liability that might arise.
Article 843.- Approach by accidental causes or force majeure
If a ship abordare to another by accidental causes or force majeure, each ship and its cargo shall bear its own damages.
Article 844.- Approach required by third party
If a ship abordare to another, bound by a third party, you will indemnify the damages that ocurrieren, the shipping in this, the third ship, but the captain held civilly liable for such shipping.
Article 845.- Approach considered as a single fault
If, by the effect of a temporary or other cause of force majeure, a vessel which is properly anchored and moored abordare to the immediate to him, causing them damage, the damage occurred shall be considered a single fault of the vessel approached.
Article 846.- Presumption of loss by reason of approach
It is presumed lost because of collision, the vessel which having suffered, it went under the act; and also that, forced to earn a port to repair the faults caused by the collision, is disqualified during the trip or be forced to beach to be saved.
Article 847.- The responsibility of the practical
If the vessels is addressed should have the on-board practical exercise its functions at the time of the collision, shall not relieve their presence, to the captains of the responsibilities they incur; but have they right to be indemnified by the practical, without prejudice to the criminal liability that they may incur.
Article 848.- Deadline for the compensation action
The action for compensation of damages, and damages arising out of the approaches, you may not be admitted if it is not presented within twenty-four hours, protest or declaration to the competent authority of the point in which it has a place on the approach; or the first port of call of the ship, being in Peru, and the peruvian consul if you were to occur abroad.
Article 849.- Right of interested absent or unable to
To the damages caused to persons or cargo, the lack of protest may not cause harm to the stakeholders that were not in the ship, or were not in a position to express their will.
Article 850.- Limitation of liability
The civil liability that tighten the shipowners in the cases prescribed in this title, is limited to the value of the ship with all their belongings and freight earned on the trip.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the words"this section"for"this title".
Article 851.- Preference in the compensation
When the value of the ship and their belongings are not able to restore it to cover all the responsibilities, preference is given to the compensation for death or injury of persons.
Article 852.- Boarding in the waters of foreign
If the approach may take place between the ships of the peruvian waters foreign, or if, that occurred in open waters, the ships arrived at port overseas; the peruvian consul at that port shall instruct the summary investigation of the event, by sending the records to the national authority competent maritime, for the continuation, and conclusion.
SHIPWRECK
Article 853.- Individual responsibility for loss or declining
Losses or declining suffered by the vessel and its cargo as a result of shipwreck or stranding, shall be individually account of the owners, perteneciéndoles in the same proportion that remains to be saved.
Article 854.- Wreck caused by wilful misconduct or negligence
If the wreck or stranding applicable malice, carelessness or lack of skill of the captain, or that the ship went to sea not being sufficiently repaired and equipped; the shipowner or the chargers will be able to ask the captain to the indemnification for the damages caused to the vessel or to the cargo by the claim, pursuant to the provisions of articles 623, 625, 627, and 634.
Article 855.- Involvement of the saved objects
The objects saved from the wreck shall be especially involved in the payment of the expenses of the respective rescue; and its amount shall be satisfied by the owners of those before completion, and in preference to any other obligation, if the goods are disposed of.
Article 856.- Apportionment in case of shipwreck
If, navigating several ships preserved, naufragare one of them, the load saved and distributed among the others in proportion to what each one may receive.
If any captain or refuses without just cause to receive the appropriate, the captain castaway will protest against him before the two officers behind them, the damages that would follow; ratifying the protest within twenty-four hours of arrival at the first port, and even including it in the file that needs to instruct pursuant to the provisions of article 625.
If it is not possible to move to the other ships all the cargo castaway, will be saved with preference to objects of more value and less volume, making it the designation by the captain with the agreement of the officers of his ship.
Article 857.- Deposit in court of the effects saved
The captain who has collected the effects saved from the wreck, you will continue your way to the port of its destination; and, coming, be deposited, with judicial intervention, to their legitimate owners.
In the case of a change of direction, if you could download in the port that were entered, the captain will be able to arrive at it, if consintieren chargers or overcharges present and the officers and passengers of a vessel; but it is not what you can verify, even with this consent, in time of war or when the port is access difficult and dangerous.
All the expenses of this call will be for the account of the owner of the cargo, as well as the payment of the freight which, in the circumstances of the case, brought by agreement or by judicial decision.
Article 858.- Sale of the cargo in case of shipwreck
If the ship had been interested in the cargo who is able to meet the costs and freight rates corresponding to the rescue, the judge or court of competent jurisdiction may agree to the sale of the part needed to satisfy them with their amount. The same is executed when it was dangerous for its conservation, or when at the end of a year he had not been able to find out who they are their legitimate owners.
In both cases, we will proceed with the advertising and formalities laid down in article 592; and the net proceeds of the sale shall be on deposit insurance, in the opinion of the judge or court, to be delivered to their legitimate owners. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
OF THE JUSTIFICATION AND LIQUIDATION OF THE DAMAGE
TITLE I
PROVISIONS COMMON TO ALL KINDS OF BREAKDOWNS
Article 859.- Liability, settlement, and payment of breakdowns
Those interested in the justification and liquidation of damages, will be able to agree to and be bound each other at any time, about the responsibility, liquidation and payment of them.
In the absence of agreements to observe the following rules:
1) The justification of the fault shall be verified in the port where the repairs are made, if they be necessary or in the download.
2) The settlement will be made at the port of discharge, if he is peruvian.
3) If the fault has occurred outside the territorial waters of Peru, or sold the cargo in a foreign port for shipment forced, you will make the settlement in the port of call.
4) If the fault had occurred near the port of destination, so that you can arrive at the port, he carried out the operations covered by the rules 1st. and 2nd.
Matches:
C. C. art. 819 and ss; 864 et seq., 882.
Article 860.- Liquidation of damages
Both in the case of becoming a liquidation of the faults privately hereunder, as well as in the referred to the judicial authority at the request of any of the interested parties do not comply, they will be cited and ears if you have not decided not to do so.
When not found present or not they have a legitimate representative, shall be the settlement by the consul in a foreign port; and where there is not any, by the judge or court of competent jurisdiction, in accordance with the laws of the country and for the account of whom it may concern.
When the representative is a person known in the place where the settlement will be permitted and will produce legal effect of his intervention, though only authorized by letter of the owner, of the shipper or the insurer. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 861.- Requirement of admissibility of requests for the breakdowns
The demands on breakdowns shall not be admissible, if not excedieren five percent of the interest that the applicant has in the vessel or the cargo, being thick, and the top one percent of the effect a faulty, if they are simple; to be deducted in both cases, the costs of the appraisal, unless otherwise stated.
Article 862.- Interest payment
Damage breakdowns, loans to the thick and awards, and any other losses, will not accrue interest on arrears, but the time has passed for three days, counting from the first in that the liquidation has been completed and communicated to the parties interested in the vessel, the cargo, or both at the same time.
Article 863.- Appraisal separate breakdowns and expenses
If, as a consequence of one or more accidents of the sea, ocurrieren on the same trip breakdowns simple and thick of the ship, the cargo, or both, shall be determined by separation costs and damages belonging to each fault on the port where the repairs are made, or to be downloaded, sold, or benefit from the goods.
The effect, the team captains will be required to enforce the adjusters and the teachers who run the repairs, as well as the tasen or involved in the discharge, sanitation, sale, or benefit from the goods, in their appraisals or budgets and accounts put with all accuracy and separation, damages, and expenses belonging to every fault, and each breakdown corresponding to the vessel and cargo, expressing also with separation, whether or not there is damage that comes from inherent defect of the thing, and not an accident of the sea; and in the event that any expenses common to the different faults, and the vessel and its cargo, and should be calculated as appropriate for each concept and express it differently.
OF THE SETTLEMENT OF THE SHOOTING THICK
Article 864.- Procedure for the settlement
At the behest of the captain will be privately, by the agreement of all the interested parties, the settlement, liquidation and distribution of the faults thick.
To this effect, within forty hours following the arrival of the vessel at the port, the captain shall convene all stakeholders to resolve whether the settlement or liquidation of the faults thick to be made by experts appointed by themselves, in which case it shall be so, having conformity between the interested parties.
Not being the compromise is possible, the captain's going to a judge or court of competent jurisdiction, it will be the port where they have practiced those proceedings, in accordance with the provisions of this Code; or the consul of Peru, if any, and if not, to the local authority when it has to be verified in a foreign port. (*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"will"with"shall".
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 821, 824.
Article 865.- Breach of settlement because of the captain
If the captain does not comply with the provisions of the preceding article, the shipowner or the chargers will reclaim the settlement, without prejudice to the action that corresponds to them to ask for compensation.
Article 866.- Content of the survey
Appointed experts by the interested parties or by the Judge or Court shall, upon acceptance, the recognition of the vessel and of the repairs that are needed and the valuation of its amount, distinguishing these losses and damages arising from inherent defect of the things.
Also declare the experts, if you can run the repairs since then, or if it is necessary to download the ship to recognize and repair it.
With respect to the goods, if the damage is noticeable to the naked eye, you need to verified your recognition prior to handing them over. Not appearing to the eye at the time of the download, it can be done after delivery is always made within forty-eight hours of the discharge, and without prejudice to any other tests you deem fit experts.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 867.- Rules for the evaluation of the objects
The evaluation of the objects that have been contribute to the general average, and of those who make up the breakdown, subject to the following rules:
1) The goods saved, they have to contribute to the payment of general average, is avaluarán the current price at the port of discharge, less freight, customs duties and costs of unloading; as appears from the inspection material of the same, regardless of the results of knowledge, except for covenants to the contrary.
(2) If there be the settlement at the output port, the value of the goods loaded shall be fixed by the purchase price with the cost to put them on board, excluding the prize in the safe.
3) If the goods are damaged, you will appreciate its real value.
4) If the journey has been interrupted, the goods have been sold abroad, and the fault cannot be regulated, it shall by contributing capital to the value of the goods in the port of call, or the liquid product obtained in the sale.
5) lost goods that constituyeren the fault thick, you will appreciate the value they have in your class at the port of discharge, with such inclusion in the knowledge of their species and grades; and eliminated, it will be as a result of the purchase invoices issued in the port of loading, increasing the amount of the costs and freight costs caused later.
6) The cortado, the sails, cables and other rigging of a ship ineffective with the object of saving, will be assessed according to the current value, minus a third party for difference from new to old.
This rebate will not be in anchors and chains.
7) The ship shall be assessed for its actual value in the state in which it is
8) freight will account for fifty percent as contributing capital.
Article 868.- Goods that contribute to the gross average
The goods loaded in the combés of the vessel will contribute in general average, if salvaren; but does not give right to compensation, if it is perdieren having been thrown into the sea by rescue common; except, when in the coastal navigation result ordinances maritime his load in this way.
The same thing will happen with the existing on-board and not contained within the knowledge or inventory, as the case may be.
In any case, the fletante and the captain will respond to the chargers of the damages of the echazón, if the placement in the combés it has been made without the consent of the latter.
Article 869.- Goods that do not contribute to the gross average
Not contribute to the gross average munitions mouth and war that takes the ship, neither the clothing nor clothes-use your captain, officers and crew.
Also are exempt clothes and dresses of use of the porters, attendants and passengers, which at the time of the echazón are on board.
The effects thrown nor will contribute to the payment of damages, thick, occurring to the goods which are saved in different risk and later.
Article 870.- Procedure for the distribution of faults
Completed by experts for the assessment of the effects saved and of the lost, which constitute the fault thick, made the repairs of the vessel, if any, and approved in this case the accounts of the same by the interested parties or by the Judge or Tribunal, you will pass the record in full the liquidator appointed to proceed to the distribution of the fault.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 871.- Distribution of the amount of the damage
To make the payment, you will examine the liquidator protest of the captain, by checking, if necessary, with the book of navigation, and all contracts which may have mediated between the parties interested in the breakdown, assessments, examinations and expert and accounts of the repairs made. If the result of this test is found in the procedure of any defect that may harm the rights of the interested parties, or affect the responsibility of the captain, called on the attention that is remedied, it being possible; and in the other case, it shall be included in the preliminary settlement.
Immediately proceed to the distribution of the amount of the damage, to which shall be fixed:
1) The capital taxpayer; that will be determined by the amount of the value of the shipment.
2) The vessel in the state, according to the statement of experts.
3) fifty percent of the amount of the freight, reducing the extent of fifty per cent, wages and food for the crew.
Given the amount of the general average in accordance with the provisions of this Code, shall be distributed pro rata between the values called to afford it.
Article 872.- Persons obliged to indemnify
The insurers of the ship, freight and cargo, shall be obliged to pay for the compensation of the general average, as much as is required to each of these objects respectively.
Article 873.- Denial of compensation for damage thick
If, however, the echazón of goods, breaking sticks, ropes and rigging, we shall lose the ship running the same risk, there shall not be any contribution in general average.
The owners of the effects saved will not be responsible to the compensation of the cast into the sea, lost, or damaged.
Article 874.- Loss of saved objects by new accident
If, after you have saved the ship of the risk that gave rise to the echazón, is disqualified for another accident occurred during the trip, the effects saved and surviving the first risk, will continue to affections of the contribution of the general average, according to its value in the state in which they are located, less any expenses incurred to your rescue.
Article 875.- Loss and theft of saved objects
If, despite having saved the ship and cargo by the result of the court of sticks or other damage inflicted to the ship deliberately with that object, then perdieren or they are stolen goods; the captain may not require the shippers or consignees, which will contribute to the compensation of the failure, except where the loss occurs, by made out of the same owner or consignee.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on 13 August 1910, is replaced in the present article, the word"lower"with"inferred".
Article 876.- Return the amount paid on redemption of goods
If the owner of the goods thrown into the sea recobrase after you have received the compensation of general average shall be obliged to return to the captain and others interested in the cargo, the amount that has perceived, by deducting the amount of the damage caused by the echazón and of the expenses made to recapture them.
In this case, the amount returned will be distributed between the vessel and those interested in the cargo, in the same proportion with which may have contributed to the payment of the fault.
Article 877.- Exemption from the payment of damages thick
If the owner of the effects thrown into the recobrare without having claimed for compensation, will not be required to contribute to the payment of damages thick that have occurred to the rest of the cargo after the echazón.
Article 878.- Enforceability in the event of a fault thick
The distribution of the average will not be enforceable until it has gone to the conformity; or, in default thereof, the approval of a Judge or Court, after examination of the settlement and hearing the teaching of the interested parties present or their representatives.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Article 879.- Liability for any default or neglect in the repartimiento
Approved the settlement, it will be up to the captain to make cash the amount of the distribution; and shall be responsible to the owners of the things down, for the harm caused by its default or neglect them.
Article 880.- Time to make cash the amount
If taxpayers stop doing cash the amount of the distribution at the end of the third day, after having been to do so required, shall, at the request of the captain, against the effects saved, to make the payment with your product.
Article 881.- - Deferment of delivery for lack of bail
If interested in receiving the effects saved does not give a bond sufficient to answer the corresponding part of the general average, the captain may delay the delivery of those until payment has been made.
OF THE SETTLEMENT OF THE DAMAGE SIMPLE
Article 882.- Expert witnesses
The experts who the Judge or Court or interested parties to appoint, as the case shall proceed to the recognition and assessment of the damage, in the form prevented in the article 866, and in the 867 rules 2nd. to the 7th., in as much as they are applicable.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on 13 August 1910deletes the word"or tribunal", in the present article.
Matches:
C. C. art. 821, 822.
BOOK FOURTH
THE SUSPENSION OF PAYMENTS AND BANKRUPTCY
OF THE REQUIREMENTS
SECTION I
THE SUSPENSION OF PAYMENTS AND BANKRUPTCY IN GENERAL (*)
(*) Section Iderogada by the Act No. 7566published on 27-08-32.
OF THE REQUIREMENTS
Article 953.- Nature urgent deadlines
The terms set out in this Code for the exercise of the actions from the commercial contracts will be fatal, without which against them to give restitution.
Matches:
C. C. arts. 1989 and ss. 2003 ff.
Article 954.- Legal regime of actions without a fixed term
The actions under this Code does not have a fixed term to be deducted in judgment, shall be governed by the provisions of the common law.
Matches:
C. C. arts. 1989 and ss. 2003 ff.
Article 955.- Interruption of the limitation period
The prescription shall be interrupted by the demand or other any genre of the appeals court made to the debtor, by the recognition of the obligations, or for the renewal of the document in which melts the right of the creditor.
Shall be deemed to be the prescription and non-prescription was interrupted by the appeals court, if the actor is desistiere of it, or leave the instance, or be rejected its demand.
Will be applied again at the end of the prescription: in case of recognition of the obligations, from the day they are right; in the renewal of his contract, from the date of the new title; and if he has extended the term of the fulfillment of the obligation, since it has expired.
Matches:
C. C. arts. 1996, 1997, 1998.
Article 956.- Limitation of liability of broker-dealers and other
The responsibility of the brokers trading brokers, or interpreters of ships, the obligations involved by reason of his office, shall be barred after three years.
Article 957.- Prescription of real action against bail agents mediators
The real action against the bail of the mediators will only last six months, counted from the date of receipt of the effects of public, values of trade or funds that were surrendered to the negotiations, except in the case of interruption or suspension expressed in the article 955.
Matches:
C. C. art. 2001 inc. 1;
C. C. art. 955.
Article 958.- The actions that assist the member against the company, or vice versa, shall be barred for three years, according to the case, since the separation of the partner, their exclusion or the dissolution of the society.
It will be necessary for this term run, enter the mercantile registry, the separation of the partner, their exclusion or the dissolution of the society.
Prescribe, in the same way, for five years, counted from the day to start your collection, the right to receive dividends or payments that are agreed to by reason of profits or capital on the part or actions that each member corresponds to the credit social.(*)
(*) Article repealed by the Article 363 of the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 959.- The prescription for the benefit of a partner who seceded from the society or was excluded from it, consisting in the manner determined in the previous article, is not interrupted by judicial proceedings in a row against the company or against another partner.
The prescription for the benefit of the partner that was part of the society at the time of its dissolution, is not interrupted by judicial proceedings in a row against another partner, but for the in a row against the liquidators.(*)
(*) Article repealed by the Article 363 of the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 960.- The action against the partners, managers and administrators of the companies or corporations will in the end to the four years since, for any reason, cesaren in the exercise of the administration.(*)
(*) Article repealed by the Article 363 of the Act No. 16123published on 10-05-66; the same one that was abolished later by the Third Final Provision of the Law N° 26887published on 09-12-97.
Article 961.- Extinction of shares from securities
The actions from letters, vouchers, promissory notes, checks, drafts, cheques and other commercial documents, in respect of which it has not been established, especially in this Code the term of prescription, will become extinct within three years of the expiry of the document, háyase or not formalized the protest.
The same rule applies to dividends, coupons and amount of amortization of bonds issued pursuant to this Code.
Matches:
Law T. V. arts. 196 ff.
Article 962.- Prescription of actions for the collection of postage freight, expenses, and damage common
The actions related to the collection of postage, freight charges, expenses to them inherent and the contribution of breakdowns common, shall be barred after six months to deliver the effects that the adeudaron.
The right to claim the passage is barred in the same term, counting from the day on which the traveller arrived at its destination, or that I had to pay for it.
Article 963.- Limitation of actions arising from several operations
The statute of limitations for the year:
1) The actions born of services, works, supplies and supplies of effects, or money to build, repair, equipping the or avituallar vessels, or to keep the crew, counting from the input of the effects and money, or the time limits stipulated for its payment; and from the provision of services or work, if they are not hired by time or travel specific. If you are, the time shall begin to be counted from the end of the trip or the contract that is concerning; and if there be any interruption in these, from the final cessation of the service.
2) The action on delivery of the cargo in the maritime or land transportation, or on compensation for delays and damage to the objects being transported; counted the term of the limitation period, from the day of delivery of the cargo at the place of destination, or that it should be checked according to the conditions of its transportation.
Actions for damages or faults may not be exercised, if at the time of delivery of the respective expeditions, or within twenty-four hours, when it comes to damage that does not appear on the outside of packages received, they would not have executed the corresponding protests or bookings.
3) The actions the expenses of the judicial sale of ships, cargo or effects transported by sea or land, as well as those in your custody, deposit, and conservation and the rights of navigation and port, pilotage, aid, aid and rescue; counting the time from which the expenses have been made and rendered aid, or from the completion of the record, if it was formalized on the case.
Article 964.- Prescription of actions on compensation approaches
The action to claim compensation for the approaches, shall be barred after two years of the loss.
These actions will not be admissible, if it has not been done the corresponding protest by the master of the vessel, harmed, or who sustituyere in their functions, in the first port where they arrived; according to case 8) and (15) of article 625, when they ocurrieren.
Matches:
C. C. art. 2001 inc. 4; C. C. art. 625 incs. 8, 15.
Article 965.- Limitation of actions arising out of loans to the thick or maritime insurance
The statute of limitations for three years, counted from the end of the aforementioned contracts, or from the date of the claim, that give rise to them, the actions born of the loans to the thick or maritime insurance.(*)
(*) Article repealed by the Thirteenth Provision End and Amending of the Law N° 29946published on 27 November 2012, current from the one hundred and eighty (180) days from its publication.
Matches:
C. C. art. 732 ff.
Article 966.- PROVISION TRANSIENT
Companies anonymous existed prior to the publication of this Code, will conform to their respective statutes to the provisions contained therein within a period of ninety days.
TABLE OF AMENDMENTS CODE OF COMMERCE
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Art. 368 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 369 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 370 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 371 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 372 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 373 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 374 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with the Article 278 the law in question. |
19-06-2000 |
|
Art. 375 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 376 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 377 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 378 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 379 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 380 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 381 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 382 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 383 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 384 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 385 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 386 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 387 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 388 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 389 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 390 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 391 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 392 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 393 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 394 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 395 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 396 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 397 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 398 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 399 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 400 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
|
Art. 401 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 402 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 403 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 404 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 405 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 406 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 407 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 408 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 409 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 410 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 411 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 412 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 413 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 414 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 415 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 416 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 417 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 418 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 419 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 420 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 421 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 422 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 423 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 424 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 425 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 426 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 427 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 428 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 429 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
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Art. 430 |
REPEALED by the Article 2112 of the Italian Legislative Decree No. 295 |
25-07-1984 |
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Art. 431 |
REPEALED by the Article 2112 of the Italian Legislative Decree No. 295 |
25-07-1984 |
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Art. 432 |
REPEALED by the Article 2112 of the Italian Legislative Decree No. 295 |
25-07-1984 |
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Art. 433 |
REPEALED by the Article 2112 of the Italian Legislative Decree No. 295 |
25-07-1984 |
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Section X of the Second Book (Arts. 434 the 519) |
REPEALED by the Article 214 of the Act No. 16587 |
22-06-1967 |
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Section XI of the Second Book (Arts. 520 THE 533) |
REPEALED by the Article 214 of the Act No. 16587 |
22-06-1967 |
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Section XII of the Second Book (Arts. 534 at 556) |
REPEALED by the Article 214 of the Act No. 16587 |
22-06-1967 |
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Art. 580 |
REPEALED by the Sixteenth Final Disposition of the Legislative Decree No. 770 |
31-10-1993 |
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Art. 581 |
REPEALED by the Sixteenth Final Disposition of the Legislative Decree No. 770 |
31-10-1993 |
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Art. 582 |
REPEALED by the Sixteenth Final Disposition of the Legislative Decree No. 770 |
31-10-1993 |
|
Art. 583 |
REPEALED by the Sixteenth Final Disposition of the Legislative Decree No. 770 |
31-10-1993 |
|
Art. 719 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 718 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 719 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 720 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 721 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 722 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 723 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 724 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 725 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 726 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 727 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 728 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 729 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 730 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Art. 731 |
REPEALED by the First Repeal of Act No. 27287, derogation shall be effective as of the 17-10-2000, in accordance with theArticle 278 the law in question. |
19-06-2000 |
|
Section I of the Book Room (Arts. 883 952) |
REPEALED by the Act No. 7566 |
27-08-1932 |
|
Art. 958 |
REPEALED by the Article 363 of the Act No. 16123 |
10-05-1966 |
|
Art. 959 |
REPEALED by the Article 363 of the Act No. 16123 |
10-05-1966 |
|
Art. 960 |
REPEALED by the Article 363 of the Act No. 16123 |
10-05-1966 |
|
Art. 965 |
REPEALED by the Thirteenth Provision End and Amending of the Law N° 29946, current from the one hundred and eighty (180) days from its publication. |
27-11-2012 |
ERRATA OF the DECREE LAW No. 26002
(…)
SECOND FINAL PROVISION, Fourth Line
Harbor
SAYS:
...Article 33 of the Code of Commerce...
YOU SHOULD SAY:
...Article 36 of the Code of Commerce...
SECTION V
OF THE PLACES AND HOUSES OF HIRING COMMERCIAL(*)
(*) V-section repealed by Article 10 of the Decree Law No. 18353published on 05-08-70.
TITLE I.
Of the stock Exchanges.
Article 64.-The public institutions legally authorized in that of ordinary meet the merchants and agents, intermediates collegiate, to arrange or fulfil the commercial operations expressed in this section referred to as Stock Trading.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the words this section by this title.
Article 65.-Can the Government establish or authorize the establishment of Trade Exchanges, where it deems appropriate.
Also the corporations formed under this Code may be set whenever the power to do so is one of its social purposes.
This does not, however, to have an official quotation of the operations carried out and published in this class of Stock, it will be essential that has been authorized by the Government such operations before you begin to be the subject of public procurement the quote that prove.
The Government may grant such authorisation previous reports as it may deem necessary on its appropriateness to the public.
Article 66.-Both Bags are existing, such as the new creation, will be governed by the provisions of this Code.
Article 67.-Will be a matter of contract in the Bag:
1, The values and effects of the public.
2nd securities industrial and commercial issued by individuals or by companies or firms are legally constituted.
3rd bills of exchange, promissory notes and any other securities trading.
4 The sale of precious metals, amonedados or in pasta.
5th goods of all kinds, and receipts of deposits.
6th The insurance of commercial risks for terrestrial and marine.
7th freight and transport, knowledge and consignment notes.
8 Any other operations similar to those expressed in the above numbers with such that are legal under the laws.
The values and the purposes referred to in numbers 1 and 2 of this article, shall only be included in the official quotations when trading authorised, pursuant to article 65 in the Bags of creating private, or are declared to be negotiable for the Bags of official creation.
Article 68.-For inclusion in the official quotations spoken of in the preceding article we will understand under the name of public bills.
1, which by means of a broadcast represent claims against the State, the departments, or municipalities, and are legally recognized as negotiable on the Stock exchange.
2nd Those issued by foreign nations, if your negotiation has been authorized properly by the Government of Peru with the prior opinion of the Board of association of the College of Agents of Change.
Article 69.-Can also be included in the official quotations, as a matter of contract in the Bag, the credit documents to bearer issued by institutions, companies, or national companies, in accordance with the laws and his statutes, provided that the agreement of its broadcast, with all other requirements listed in article 21, it appears duly registered in the mercantile Registry, the same as in the of the property, when by its nature, must be, and that these ends have been previously registered with the Board of association of the College of Agents of Change.
Article 70.-To include in the official quotations, as a matter of contract in the Bag, the credit documents to the bearer of foreign companies incorporated under the laws of the State in which such companies locate, you will need the authorization of the Government that will always be with the opinion of the Board of association of the College of Agents of Change, once established that the emission is made in accordance with the law and the bylaws of the company which values originate and who have met all of the requirements in the same provisions as are prescribed, and as a not medien reasons of public interest in that out of the way.
Article 71.-The inclusion in the official quotations of the purposes or values to the bearer issued by private individuals, may not be made without approval of the Board of association of the College of Agents of Change, shall be granted provided that they are mortgage or are sufficiently guaranteed in their discretion and under its responsibility.
Article 72.– They may not be included in the official quotations:
1 The effects or securities from companies or societies, are not registered in the mercantile Registry.
2nd purposes or values from companies, even though they are inscribed in the mercantile Register, not yet done the emissions pursuant to this Code or in special laws.
Article 73.-The regulations shall lay down the days and hours that will be held at the meetings of the Bags created by the Government or by individuals once they acquire an official character, and all matters relating to his regime and police inside that will be on every one of them in charge of the Board of association of the College of Agents. The Government shall fix the fee of the rights of the Agents.
TITLE II.
Of the operations of the Stock exchange.
Article 74.-Everyone, whether or not merchants, will be able to hire without the intervention of an agent of change referee operations on public bills or securities industrial or commercial undertakings; but such contracts will not have another value that which groweth of its shape and otorgare the common law.
Article 75.-The operations that are made on an exchange shall comply with the terms and in the manner and form that would have been agreed upon by the contracting parties, and may be cash or time signature at will, with premium or without it, expressing, to announce them to the conditions that in each they had provided.
All of these operations will be born, actions and obligations enforceable before the Courts.
Article 76.-Cash transactions done on an exchange shall consummate the same day of its conclusion, or, at most, in the interval until the next meeting of the Bag.
The transferor shall be obligated to deliver, without further delay, the effects or the securities sold, and the policy holder to receive, to meet your price in the act.
The operations and limit the conditional consumarán the same way at the time of the settlement agreed upon.
Article 77.-If transactions are made through the mediation of change agent collegiate, hiding it the name of the purchaser, or between agents with the same condition, and the agent collegiate, seller or buyer, tarried so long in the fulfillment of what was agreed, the prejudiced by the delay may opt-in Stock immediate abandonment of the contract, denounces the Board of Association, or the compliance of the same.
In this last case, will be consummated with the intervention of one of the individuals appointed by the Board of association; buying or selling government agreed, for the account and risk of the agent default, without prejudice to the repetition of this against the principal.
The Board of Association will order the realization of the bail agent delinquent necessary to meet immediately with these differences.
In the negotiations on the securities industrial and commercial metals or commodities which may delay or refuse the performance of a contract, will be compelled to it by the actions that are born according to the provisions of this Code.
Article 78.-Agreed each operation cotizable, the agent of change that has intervened in it, spread it on a note signed by delivering the continuous act of the advertiser, who, after it was read to the public in a loud voice, will go to the Board of association.
Article 79.-The operations that are made by agent referee on securities or effects public, will be announced live voice in the same act that they are agreed, without prejudice to pass the corresponding note to the Board of association.
Other contracts shall give notice in the Gazette Quote, expressing the maximum price and minimum purchases of goods, transport and chartres the type of the discount and the changes in the twists and loans.
Article 80.-The Board of association will meet after hours Stock, and, in view of the negotiations of public bills that are a result of the notes delivered by the agents collegiate, and with the news of sales and other operations that are operated by the same, will extend the minutes of the quotation, by sending a certified copy to the registrar of companies.
TITLE III.
Of the other public places, and hiring fairs, markets and shops.
Article 81.-Both the Government and corporations that are within the conditions indicated in article 65 of this Code, may establish slices or houses of recruitment.
Article 82.-The municipal Councils announced the site and the time in which they shall be held fairs and conditions of police that should be observed in them.
Article 83.-The contracts of purchase and sale, held in fair, may be by cash or installment: the first shall be observed on the same day of its conclusion, or, at most, in the following twenty-four hours.
Past these without any of the contracting parties have claimed their compliance, shall be considered null and perks, signal or earnest that mediaren, will be in favor of that receipt.
Article 84.-The issues that arise in the fairs on contracts concluded in them, they will decide, in the oral proceedings by the magistrate of the people in that check the fair, in accordance with the requirements of this Code, provided that the value of the thing in dispute does not exceed two hundred suns.
If there is more than one justice of the Peace, shall be competent the one that should choose the plaintiff.
Article 85.-The goods purchased in stores or stores that are open to the public are irreivindicables, subject to the rights of the owner of the objects sold in order to exercise the civil or criminal actions that may correspond to him against the one who sold them unduly.
For the purposes of this provision, shall be deemed warehouses or the stores open to the public:
1 established by the merchants enrolled.
2nd The established traders not registered, provided that the warehouses or the stores remain open to the public for the space of eight consecutive days, or have been advertised by means of signs, signs, or titles in the local himself, or by notices distributed to the public or inserts in the newspapers of the town.
Article 86.-The currency in which to verify the payment of the goods purchased for cash at the shops or public institutions, will not be reivindicable.
Article 87.-Purchases and sales are verified in establishments, shall be presumed to be always made in cash, unless the contrary is proved.(*)
(*) V-section repealed by Article 10 of the Decree Law No. 18353published on 05-08-70.
SECTION VI
OF THE MEDIATORS OF THE TRADE AND OF THEIR RESPECTIVE OBLIGATIONS(*)
(*) Section VI, repealed by Article 10 of the Decree Law No. 18353published on 05-08-70.
TITLE I.
Provisions common to the mediators of the trade.
Article 88.-Shall be subject to the law merchant as mediators of the trade:
The agents of change and Exchange.
Trading brokers.
Brokers interpreters of ships.
Article 89.-Will be able to provide the services of brokers and brokers, irrespective of their class, peruvians and foreigners, but they will only have faith public agents and brokers registered.
The modes of proving the existence and circumstances of the acts or contracts involving agents that are not registered, shall be as set forth by the commercial law or common, to justify the obligations.
Article 90.-In each square of commerce may establish a college of Brokers, other Brokers Trade, and in the squares maritime one of Brokers interpreters of ships.
Article 91.-The schools referred to in the preceding article shall consist of individuals who have obtained the corresponding qualification meet the conditions required by this code.
Article 92.-The front of each school there will be a meeting of association elected by the association.
Article 93.-The agents collegiate will have the character of notaries in matters relating to the procurement of public bills, securities industrial and commercial goods and other acts of trade covered in his office, in the square in question.
Keep a record book in accordance with that determined by article 36, settling with him for his order, separated on a daily basis, all of the operations in which they have intervened, and can also carry other books with the same solemnities.
Books and policies of the agents collegiate will be faith on trial.
Article 94.-To enter any of the Officers referred to in article 90, you will need to:
1 male peruvian or foreign domiciled.
2nd Have the ability to trade in accordance with this code.
3º Not be suffering corporal punishment.
4th Prove good moral conduct and known probity, by means of a judicial information of three merchants enrolled.
5th Constitute a deposit in the amount, manner and place determined by the respective Regulations.
6th Obtained from the Ministry of Finance and Commerce, the corresponding title, heard the Board of association of the College concerned.
Article 95.-The obligations of the agents registered:
1 to verify the identity and legal capacity to contract of the people whose businesses are involved, and, in his case, of the legitimacy of the signatures of the contracting parties.
When they do not have the free administration of his goods, may not agents provide your contest without appropriate authorization in accordance with applicable laws.
2nd to Propose business with accuracy, precision, and clarity, to refrain from making assumptions as to mislead the contracting parties.
3rd Keep the secret in everything that concerned the negotiations that made them, and not to disclose the names of the people who are responsible, unless otherwise required by law or the nature of the operations, or that the interested parties agree on their names to be known.
4th Issue at the expense of the interested parties that ask, certification of the seats on their respective contracts.
Article 96.-May not agents registered:
1, Trade for their own account.
2nd associate in risk insurers commercial.
3rd deal in securities or commodities by individuals or companies that have suspended their payments, or have been declared bankrupt or in a competition, they have not obtained rehabilitation.
4th Acquiring for themselves the effects of the negotiation of which they are responsible; except in the case that the agent has to respond to the faults of the buyer to the seller.
5º Give certifications that do not relate directly to facts contained in the seats of their books.
6th Play the charges of cashiers, bookkeepers or dependent of any merchant or mercantile establishment.
Article 97.-The contravinieren to the provisions of the preceding article, shall be deprived of his office by the Government, after hearing of the Board of association and the interested party, who may bring against this resolution, the corresponding action of the spoil before the Hon. Supreme Court.
They will also be held civilly responsible for the damage that it suggests for missing the duties of his office.
Article 98.-The warranty of the brokers, the trading brokers and brokers interpreters of ships, will be especially affect the result of the operations of his office, taking the losers, a real action preferred against the same without prejudice to the other which it may be entitled.
This warranty shall not rise although the agent to cease in the performance of his office, until after the term indicated in the article 959, without that in it have entered into a claim.
Will only be subject to the warranty responsibilities outside of the office, when the latter are covered in full.
If the warranty is menoscabare by the responsibilities to which it is affected, or is disminuyere for any reason your cash value shall be replaced by the agent at the end of twenty days.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the number 959 with 957
Article 99.-In the cases of disqualification, disability or suspension of office of the brokers, trading brokers and brokers interpreters of ships, the books under this Code must bring, will be deposited in the commercial Register.
TITLE II.
Agents collegiate change and Bag.
Article 100.-It will be the agents of change and exchange:
1st Intervene privately in the negotiations and transfers of any kind of effects or government securities cotizables, as defined in article 68.
2nd Intervene in concurrence with the brokers trading, in all other transactions and contracts on the Stock exchange, subject to the responsibilities of those operations.
Article 101.-The brokers involved in contracts for the sale or other operations with cash or term, will respond to the buyer of the delivery of the purposes or values on dealing with such transactions and the seller, for the payment of the price or compensation agreed upon.
Article 102.-Enter the broker in his books, in order, sequential numbering and dates, all of the operations involved.
Article 103.-The Agents of the Bag will be delivered reciprocally note signed each of the operations agreed, on the same day that they have been agreed. Another note, also signed and delivered to his principals, and these agents, expressing your compliance with the terms and conditions of the negotiation.
The notes or policies that the agents delivered to the brotherhood, and that it is issued mutually, will test against the agent that subscribes, in all cases of complaint that differ from place to place.
To determine the liquid amount to claim, issued by the Board of association certification in stating the difference in cash that is against the principal, in view of the notes of the operation.
The conformity of the brotherhood, once recognized in trial, your signature will result in execution, provided that the certification of the Board of association, mentioned in the previous paragraph.
Article 104.-The brokers, in addition to the obligations common to all agents, mediators, listed in articles 95, 96, 97, and 98, will be held civilly responsible for the titles or values industrial or commercial that vendieren after made public by the Board of association of the denunciation of such securities as of source illegitimate.
Article 105.-The president or who commit their times, and two individuals at least, of the Board of association, will attend constantly to the meetings of the Bag, to agree on what is appropriate in cases that may occur.
The Board of association, it shall determine the type of payouts monthly by the closing of the Stock exchange on the last day of the month, taking as a basis the average of the quotation the same day.
The same Board will be responsible for receiving the partial liquidation and practice the general of the month.
TITLE III.
The collegiate runners of trade.
Article 106.-In addition to the obligations common to all agents, mediators of the trade, that lists the Art. 95, the collegiate runners of trade will be required:
1 To respond legally to the authenticity of the signature of the last assignor, in the negotiation of bills of exchange, or other securities-endorsable.
2nd To attend and testify in the purchase-sale contracts, the delivery of the effects and of your payment, if the parties so require.
3rd pick of the assignor and deliver to the purchaser the letters or effects-endorsable that have been negotiated with their intervention.
4th pick of the borrower and deliver to the assignor the amount of letters or values-endorsable negotiated.
Article 107.-The collegiate runners recorded in their books and in a separate seating, all the operations in which they have intervened, stating the name and address of the contracting parties, the subject matter and the terms and conditions of the contracts.
In sales will express the quality, quantity and price of the thing sold, date and place of the delivery, and the manner in which it has paid the price.
In the negotiations of letters, note the dates, points of issue and payment, terms and maturities, the names of the drawer, endorser, and payer, the transferor and the policy-holder and the agreed exchange.
In insurance, with reference to the policy, will be expressed, in addition to the number and date of the same, the names of the insurer and the insured, and covered by the insurance, its value according to the contract, the premium, and, in his case, the place of loading and discharge, and precise and accurate designation of the ship or the environment in which you carried out the transport.
Article 108.-Within the day that you check the contract, deliver the collegiate runners to each of the contracting an abstract signed, comprehensive as they would have been agreed upon.
Article 109.-In cases in which for the convenience of the parties to extend a contract in writing, the broker shall certify at the foot of the duplicates and kept by the original.
Article 110.-The collegiate runners will be able to, in concurrence with the brokers interpreters of ships, to perform the duties of the latter, subject to the requirements of the following section of this title.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the words in the following section of this title, with the following title, of this section.
Article 111.-The School corridors, where not any, agents, extend each trading day, a note of the changes and currents of the prices of the goods; for which purpose, two individuals of the Board of association will attend the meeting of the Bag, and must submit an authorized copy of the notice to the registrar of companies.
TITLE IV.
The collegiate runners interpreters of ships.
Article 112.-To exercise the office of broker interpreter of ships, in addition to bringing together the circumstances that require mediators to in article 94, it will be necessary to prove, either by examination or certificate of public establishment, the knowledge of two foreign languages foreign.
Article 113.-The obligations of the brokers interpreters of ships, will be:
1st Intervene in the chartering contracts of marine insurance and loans to the thick being required.
2nd to Attend the captains and surcharges of foreign vessels and serve as interpreters in the declarations, protests, and other proceedings that occur in the Courts and public offices.
3rd Translate the documents which expressed captains and foreign surcharges were present in the same office, provided there be no doubt about its intelligence, certifying be made the translations well and faithfully.
4th Represents them in court when you are not brought them, the owner or consignee of the vessel.
Article 114.-It will be so same obligation of brokers interpreters, and the vessels, to bring:
1 A book copier of the translations that made them, inserting them literally.
2nd record the names of the captains who give the support of his office, expressing the flag, name, class, and attitude of the vessel, and the ports of origin and destination.
3º A book journal of the chartering contracts in which they have intervened, stating in each chair the name of the vessel, its flag, registration fees and freight; the captain and the charterer; price and destination of the freight; currency in which it is to be paid; advances about the same, if any; the impact that consists of the cargo; conditions agreed between charterer and captain on time and within pre-set to start and finish the load.
Article 115.-The corridor interpreter of vessels shall retain a copy of the contract or contracts that have mediated between the captain and charterer.(*)
(*) Section VI, repealed by Article 10 of the Decree Law No. 18353published on 05-08-70.
(*) NOTE SPIJ:
In the present edition of the Legal Standards in the official journal El Peruano, says: reason and social, and must say: social reason
ERRATA
Date of publication: 19-06-1985.
Art. 6, second paragraph
SAYS:
under${?}$with the provisions of the second paragraph of section 1573 of the Civil Code, in...
YOU SHOULD SAY:
in accordance with the provisions of the second paragraph of section 1573 of the Civil Code, in...
(*) NOTE SPIJ
In the present Edition of the Legal Standards in the Official Journal El Peruano, it says: in the first section of this title, and must say: the first title of this section.
SECTION X
THE LYRICS FOR ANY COMMERCIAL OR CHANGE(*)
(*) Section X repealed by the Article 214 of the Act No. 16587published on22 June 1967
TITLE I
ESSENTIAL REQUIREMENTS OF THE LETTER OF CHANGE
Article 434.-The lyrics for any commercial or change contains the obligation to pay or pay at maturity a specified amount of money to the holder of it.
Article 435.-The letter commercial and all the rights and actions that it is arising, without distinction of persons, shall be governed by the provisions of this Code.
Article 436.-For that to take effect in judgment shall contain:
1. The data.
2. The time must be paid.
3. The name of the letter commercial, or change expressed in the text.
4. The statement if it is issued for one or several copies.
5. The name of the maker of the letter. If the name of the person from whom it should be paid has been left blank, the bearer of good faith should be yours.
6. The expression of the amount that must be paid.
7. The signature of the drawer with your name and surname or, with his reason commercial or a special representative of yours.
8. The name of the person to whose charge is to pound the letter.
9. The place of payment.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910are substituted in subsection 5 of this article, the words of the who, with whom, and, at the end of the same, the word should can
Article 437.-It will not be necessary that the letter trade indicate as it has been received or will be received the amount, or the cause for which it revolves, or which is operated by a transport values from square to square.
Article 438.-The letter commercial can be rotated:
1. The order of the same drawer.
2. By the same drawer with such that is to be paid in place other than that in which it is issued the document.
3. In charge of a person and payable on the other.
4. By order and account of a third party.
5. In charge of another in a different place or in the same residence of the drawer.
Article 439.-The expiration will be unique in respect of the full amount indicated on the letter, and can be:
1. To the view.
2. At a certain time view, that is, one or more days or months.
3. At a certain time of the date.
4. To-day is fixed.
5. At a trade fair.
Article 440.-If not expressly points out the place of payment shall be considered as such the residence indicated below the name of the person in charge of libra.
Article 441.-The lack of any of the essential requirements set out in the preceding articles, it should be enough to not consider the letter as a commercial, always leaving except for the effects of ordinary of the obligation, according to their nature in civil or commercial matters.
The promise of interest contained in a letter it will not start.
TITLE II
ENDORSEMENT
Article 442.-The endorsement transfers the ownership and all rights in and to the letter.
The endorsers will be jointly and severally liable for the acceptance and payment of the letter to its expiration.
Article 443.-If the drawer or endorser have prohibited the transmission of the letter, by means of endorsement with the clause, not to the order or other equivalent, endorsements verified, despite such a prohibition, occur only in respect of the person who consigned this clause, the effects of a transfer.
Article 444.- The endorsement must be written on the letter, and contain the date and the signature of the endorser, and it will be valid even in the case that the endorser enter only your first name and last name, or your business reason on the back of the letter.
Any of the holders will be able to fill in the blank endorsement.
Article 445.-The endorsement with the clause by proxy, for its recovery, by a mandate, value, warranty, or equivalent, do not transfer ownership of the letter, but authorizes the endosatario to collect, protested, brought to trial and even endosarla by proxy.
If the endorsement is added to the clause without warranty or other equivalent, the endorser shall not bear the obligations set forth in this title.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the words this title by this section;
Article 446.-The endorsement of a letter already expired and will produce only the effects of a transfer.
TITLE III
OF ACCEPTANCE
1 general Provisions
Article 447.– The letter rotated at a certain time view shall be presented to the acceptance in the term of one year from its date; in other case you will lose the possessor the action back.
The drawer and each one of the endorsers, you can set a shorter term, in which case the one who has done so and the endorsers post will be freed from the action of the return, if the letter is not submitted within the term that had been pointed out to you. If the letter had been turned into a square of the Republic and was payable in a foreign country with whom it is in whole or in part the trade, by means of maritime transport, the term indicated in the first part of this article, it will be double in time of war at sea.
Article 448.-The acceptance shall be in writing in the letter, and shall be signed by the acceptor.
Is expressed with the word, I agree, but in order for the acceptance to be valid, it is sufficient that the acceptor sign with your first name and last name to your business reason in the face of the letter.
Article 449.-The acceptance of the letter at a certain time view shall state the date on which it is put, and in the absence of this formality, it is considered as the day of the presentation when it is stated in the form of the protest.
Article 450.-The acceptance of a bill payable at a place other than the residence of the acceptor, it must express the person by means of which you must run the payment. Missing this indication means that the acceptor${?}$.
Article 451.-The acceptance must be in the act of presentation of the letter, or, at the latest, within twenty-four hours, and may not be revoked after it has been returned.
Article 452.-The acceptance may be contracted to an amount less than that expressed in the letter.
Any other limitation or condition is equivalent to the lack of acceptance, and gives rise to the action of return, but the acceptor will be bound within the limits of acceptance.
Article 453.-The lack of acceptance, for the whole or part of the amount expressed in the letter is to be tested by means of the protest.
Article 454.-The acceptor is directly bound to the payment of the letter.
They also will be bound even if the drawer had broken, before the acceptance given, ignoring the bankruptcy.
The acceptor is also bound by law of change to the drawer, but shall have no action against him by right of change.
2nd Of the acceptance by intervention or by honor
Article 455.-The letter which had not been accepted by the person to whose care it were rotated can be accepted by intervention, by the right people, at the same for acceptance and payment, if necessary.
Article 456.– The letter was not accepted by the person to whose care he was turned, not by the persons indicated in the same for acceptance and payment, if necessary, can be accepted by intervention of a third party.
This acceptance shall not prohibit, however, the possessor of the action of return, to obtain the reinforcement of the value of the letter to not be recorded in the minutes of the meeting agreed to in the acceptance.
The same person whose position it is rotated, or suitable for, if necessary, may intervene as a third party even if they had refused to accept in that concept.
Article 457.-The who accepts the intervention, contracts obligations on the right to change to with all the endosatarios subsequent to the person in whose honor has been accepted.
Will terminate this obligation, if the letter was not presented to the acceptor for intervention within that term to make the protest.
The person in whose honor he has accepted the letter and the endosatarios kept the action back, due to lack of acceptance, against the endorsers, even in the case of being accepted by intervention.
Article 458.– If you do not expresare the person in whose honor it is accepted, it will be presumed accepted in honor of the drawer.
If you offer multiple people to put their acceptance for honor, will be the preferred one by the virtual of the acceptance to be exempted from responsibility to the greater number of required; if this is not done, you will lose the holder of the letter of their action back against those who would have been exempted from liability if it would have been preferred that.
Article 459.-The person who accepts the intervention, you should ask the owner of the protest for non-acceptance, and send it without delay to the person in whose honor has accepted.
TITLE IV.
Guarantee
Article 460.– The payment of the letter can be assured by means of endorsement.
The endorsement shall be in writing or signed by the person that is being provided. Is expressed with the phrase for the guarantee or equivalent.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the phrase or will be signed and will be signed.
Article 461.-The person providing the guarantee, assume the obligations of those for whom comes sear, and is obliged by law to change, even in the case that it was not valid, the obligation of the latter.
If you do not expresare the person providing the endorsement, shall be presumed to be paid by the acceptor; and if it has not been accepted yet, or the letter was turned by the same drawer shall be presumed to be paid for it.
The holder of the letter shall comply, with respect to the guarantor by guarantee, all the acts necessary to maintain the action against the person whose obligation is guaranteed.
Article 462.-If the person who has provided the guarantee pays the letter expired, it shall be subrogated to the rights of the holder against the person whose obligation entrenched and against the previously required.
TITLE V.
Copies and duplicate copies
1, the exemplary duplicates.
Article 463.-The policy holder shall have the right to demand the drawer one or more copies duplicate of the letter.
The same right shall be open to any other holder with respect to its endorser, and by the middle of the endorsers above, with respect to the drawer.
Article 464.-The duplicate will be of the same tenor as the letter, except the diverse indication of the first, second, etc
In the absence of such indications, will be assumed to be copies duplicate as other different letters.
Article 465.-If the same endorser endosare several copies of a letter to several people, you will be responsible for the endorsements as in the case of different letters. The same responsibility will assume the endorsers subsequent relative to their endorsements.
If we accept a number of copies will be bound to the acceptor for each of the acceptances which has put.
If you have endorsed a number of copies to different people and all have been accepted, the endorser and the acceptor shall be bound jointly and severally by each of the endorsements and acceptances.
Article 466.-Any party which has submitted a copy of the letter of acceptance must indicate in the other specimens the person to whom it was sent; but the omission of this circumstance will not deprive them of their legal effects.
The possessor of a copy duplicate that contains such an indication, may not exercise the action of return by non-acceptance or payment if it is not proven by means of the protest:
1, the specimen submitted for the acceptance was not delivered by the person that had it in his power to that effect.
2º That the acceptance or payment could not be obtained by means of the exemplary duplicate.
2nd Of the copies.
Article 467.-The holder of a letter may be issued copies of the same.
The copies must be in conformity with the original and will contain all of the information he has with the adding up here the copy or other equivalent.
Article 468.-The acceptance and endorsements original writings on the copy is binding to the acceptor and the endorser as if you have put in the original lyrics.
TITLE VI.
Expiration.
Article 469.-The letter to view due to expire in the act of presentation.
Article 470.-The expiration of the letter at a certain time, vista, shall be determined by the date of the acceptance, or by the presentation shall be recorded in the minutes of the protest.
Article 471.-The months are calculated according to the gregorian calendar.
If the maturity were the unit of a month, will the letter of the 15th day of the month indicated.
If it were the beginning or the end of a month, will the letter the 1st day or last of the month set.
Article 472.-The letter is to be paid at a fair, shall expire on the last day of the fair, or on the day of the show if not last for more time.
TITLE VII.
Payment.
1, General Provisions.
Article 473.-The holder of a letter, endorsed, credited to be the owner of it by means of a series continues endorsements that come up to him.
Endorsements deleted will not positions.
The payer shall not be obliged to investigate the authenticity of the endorsements.
Article 474.– The letter will be charged and paid at the place indicated in the same and the last day of the period.
If it be a holiday, the due date, will be paid to the letter of the first following day that is not a public holiday.
Article 475.-The letter turned to the sight must be presented for payment within the term of and for the purposes expressed in article 447.
Article 476.-It is not accepted terms of grace, of favor, or of use to the payment of the letters.
Article 477.-If the number is written in letters and figures, in the event of a dispute, we will pay the lesser amount.
Article 478.– The holder of the letter may not refuse to accept a partial payment, even though the letter has been accepted by the sum total; more to keep the action back for the difference must be protested for non-payment of it.
Article 479.-The letter must be paid in the currency that the same be designated, and whether the designated shall not be effective, in the equivalent according to the custom and usage in the same place of payment.
Article 480.-You may not be bound to the holder of the letter to receive your amount before the due date.
The promissory note is a letter before the deadline, will be responsible for the validity of the payment.
Article 481.-When you feel the amount the holder of the letter, deliver it with the I got to the payer.
If you verify the payment done after the uprising, was given also to the payer of the testimony of the protest, and the account of a hangover.
Article 482.-The lack of full or partial payment will be tested by means of the protest.
The protest for non-payment should be done within eight days following, the date fixed for the payment.
Article 483.-If you do not request due payment of the letter, the person to whose charge is tapped, the expiry of the term for protest, shall have the right to consign in court the amount indicated in the letter, at the expense and risk of the holder without the need of putting it into knowledge of it.
Article 484.-Is not admissible, the opposition to the payment, except in cases of loss of the letter or bankruptcy of the holder.
2) payment by intervention or by honor
Article 485.-If the letter is not paid by the person, whose position was rotated, or by the acceptor or by the persons indicated to, if necessary, may be paid by a third party.
The payment by intervention should be clearly stated in the act of protest.
Article 486.– The pay by intervention of the letter, it shall be subrogated to the rights of the holder in the limits indicated in the following article.
Article 487.-If payment for intervention is made for the account of the drawer, shall be exempt from liability all endorsers.
If it is done for the account of an endorser, shall be exempt from liability the endorsers successive.
If several people offer to pay for an operation, you will apply the provision of the second part of the article 459.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the number 459 with the 458.
Article 488.-If the person in charge has turned the letter will be presented to pay for it in quality of such after you protested, you must be preferred to any other person, even in the case in which there is not any accepted.
If the person in charge has turned the letter is presented to pay for intervention, will apply to the availability of the preceding article.
TITLE VIII.
PROTEST.
Article 489.– The lack of acceptance or payment of the letters must be accredited by the middle of the protest, without having taken the first prevents the wearer from taking out the second, and without that, nor for the death of the person to whose charge is rotated, or the state of bankruptcy, may be needed by the carrier to verify the protest.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the word prevents the exemption.
Article 490.-All of protest for non-acceptance or payment, and this requires the person who has given place to it the responsibility of costs, damages and interest.
Article 491.-To be effective the protest, should necessarily fulfil the following conditions:
1 Done before sunset within eight days after it had denied the acceptance or payment, and if the latter is a holiday, the first business day.
2º be Granted before a Notary public.
3rd Understood the proceedings with the responsible person if you may be given; and not encontrándosela, with dependents, if any, or, in default thereof, with his wife, children or servants, or the neighbor who speaks the article 492.
4th Contain a full copy of the letter of acceptance, if any, and all endorsements and instructions, contained in the same.
5th state the request to the person who is to accept or pay the letter; and not being present, the one who is able to understand the proceedings.
6th Reproduce the answer given to the requirement.
7 Express in the same way the conminación be the costs and damages to the care of the person that has given rise to them.
8 to Be signed by the person to whom it is served, and, not knowing or not being able to, by two witnesses present.
9 Express the date and time that has been carried out the protest.
10th Stop in the act extended copy of the same on plain paper to the person with whom you have understood the proceedings.
Article 492.-The legal address for practicing the proceedings of the meeting will be:
1 The designated in the letter.
2nd In the absence of such designation, the one with the bound.
3rd In the absence of both, the last one has known.
Eliminated the address of the obligated in any of the three sites mentioned above, you will come to a trader with open house, the place where it shall take effect the acceptance or payment, to those who will understand the proceedings, and who has delivered the copy.
Article 493.-Whatever may be the time to pull off the protest, the Notary shall retain in his possession the letters, without delivering them, neither the testimony of protest to the carrier until the sunset of the day on which it has been made; and if the protest is due to lack of payment, and the payer is filed in the meantime to satisfy the amount of the letter and the costs of the protest, accepted the payment by making delivery of the letter, with diligence in the same have been paid and cancelled the protest.
Article 494.-If the letter protested contain indications, will be noted in the protest of the requirement to the right people, and their answers, or the acceptance or payment if they have been provided to verify this.
In such cases, if the indications are made to the same square the term for the completion and delivery of the protest, it will be extended until eleven in the morning of the next business day.
If the signs were to square different is shut down the protest, as if it does not contain being the holder of the letter, go to them within a period that does not exceed the double time that the that used the mail to get to the same place from the first pointed out, requiring a notary in order to the persons indicated in each square, and to renew with the same protest, if there is any reason for it.
Article 495.-All the proceedings of the meeting of a letter will be drafted in the same document, ranging on the order of practice.
This document will give the Notary witness to the carrier giving you the original lyrics.
Article 496.-No act or document may supply the omission and lack of protest, to the conservation of the actions against the people responsible for the result of the letter.
Article 497.-The clause without protest, or otherwise relieved of the obligation to protest, as it has been recorded by the drawer or by any endorser, will not start.
TITLE IX.
THE HANGOVER.
Article 498.-The holder of the letter is not satisfied, at maturity, you will be refunded the amount that is owed by another letter turned to the view against the drawer or against any of the persons obligated on the way back.
Who should pay the hangover, you will be refunded to your time proceeding in the same way against the bound above.
Article 499.-The hangover must be accompanied by the original letter, the protest and the account of a hangover.
The account of hangover indicate:
1 The capital of the letter with interest from the due date.
2nd The expenses of protest and other legitimate, as the committee of banking, brokerage, stamp and postage of letters,
3. The person against whom the tour the hangover.
4th replacement.
Article 500.-The spare due to the possessor, shall be regulated in accordance with the current exchange plaza that had to be paid for the letter on the residence of the person to whose charge is to tour the hangover.
The spare due to the endorser that has satisfied the letter shall be governed in accordance with the current exchange of the square from where they have turned the breaker on the residence of the person to whose charge is libra.
Article 501.– The endorser who should pay the bill of exchange has the right to delete your own endorsement and later.
TITLE X.
OF ACTION, FOR THE RIGHT OF CHANGE.
Article 502.-Tested the lack of acceptance by the middle of the protest, the drawer and the endorsers will be supportive and, respectively, required to secure the payment of the letter upon its expiration and reimbursement of expenses.
Article 503.-The holder of an accepted bill shall have the right to demand a guarantee of the drawer and endorser in the event that the taker has broken or suspended their payments, or if it proves ineffective execution brought against him always to try one that the acceptor did not pay bail and who could not obtain a new acceptance of the right people if necessary.
Any endosatario may require a bond to the bound above, producing the tests above.
Article 504.-The holder of the letter be given notice of the lack of payment to the transferor within the two days following the date of the protest.
Each endosatario give the same notice to own endorser in the end of the second day, counting from you received the news, and so on until the drawer.
Be deemed to have been given the notice, by delivery at the post office for a certified letter addressed to the person to whom it is due noticiar the case.
If an endorser has not indicated in the endorsement the place of his residence, the notice of non-payment will be their endorser.
Those who do not give notice to his endorser, shall be obliged to pay compensation for the damages.
Article 505.-The holder of a letter is not paid when due will be able to exercise the change action against one or more of the bound, without losing his / her right against the other.
Such holder will not be obligated to follow the order of the endorsements.
Article 506.-The action of the holder of the letter expired will be for the payment of the amount indicated in the letter, interest and expenses of the account hangover pursuant to the provisions of sections 499 and 500.
The action of the endorser who has paid the letter will be for the payment of the amount indicated in the account of a hangover with interest from the day of payment and reimbursement of expenses and turnover.
Article 507.– The action by right of change against any forced on the way back, be exercised by the holder of the letter in the term of fifteen days from the date of the protest.
When the place of residence of the person against which he will exercise the action is different from the place that should have been done the payment, we shall have, in addition, the corresponding term of the distance.
Article 508.-If the holder would exercise collectively, the action of recourse against the endorsers and the drawer, it will apply to each of the terms set forth in the preceding article.
The same terms will apply in the case of the exercise of the action of returning it to the endorsers.
If the transferor has paid for the letter, shall be borne by the terms from the day on which payment was made; and if it is filed against him, the court, such action, shall be borne by the terms from the date of notification of the auto payment.
Article 509.– The action is a change in the executive and shall be conducted in accordance with the act of September 28, 1896.
Article 510.– Will expire the action back that attends to the holder of the letter, within the terms indicated:
1 For the presentation of the letter at sight or at a certain time view.
2nd To the protest for non-payment.
3rd For the exercise of the action of return.
Expire likewise, the action of return that assists the endorsers against the bound above, by the course of the terms set out in terms of, respectively, will affect every one of them.
The lawsuit will prevent expiration, even in the case of interpusiere before a judge to be incompetent.
Article 511.-Notwithstanding the expiration of the change action, the drawer shall be liable to the owner of the letter, by the whole amount that would be enriched wrongly, to act in a different way, in damage of such holder.
TITLE XI.
OF THE LETTER WITH A SIGNATURE OF PEOPLE WHO ARE UNABLE OR WITH FALSE SIGNATURES OR COUNTERFEIT.
Article 512.-The letters with signatures of persons incapable, shall be valid as to the capable people that subscribe to it.
Same rule shall apply in the case of the same letter contain signatures false and true.
Article 513.-Those who have not endorsed, established or accepted a letter is false, shall be liable for the owner's own so if you have not endorsed, established or accepted a letter to true.
TITLE XII.
OF THE ORDER TO THE DELIVERY OF FRUITS.
Article 514.-The order for the delivery of fruit is a letter, commercial and is governed by the provisions of this title, unless the modifications contained in the following articles.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the words of the present title of the present section.
Article 515.-The order for the delivery of fruit will contain explicitly the name of the letter trade or exchange or order for the delivery of results in the context of the document, and be expressed in him, the kind, quality and quantity of the fruits that are to be delivered.
Article 516.-In order for the delivery of fruit, it will set the time which must be verified delivery.
The lack of this requirement will remove the document the quality of letter commercial, except for the effects of the obligation according to its nature in civil or commercial matters.
Article 517.-The expiry of the term set forth in the order, you will be entitled the holder to enforce, by means of the cargo of fruit to be transported by land or water, or by means of the translation of them to other warehouses or stores.
If he will keep them in the tanks or in the stores in which it is found, for more than the time that is expresare in the order, and uses local consintieren, shall be the fruit to your account and risk.
Article 518.-In the absence of special covenant or local custom, the delivery expenses, and in particular the measure and weight, shall be borne by the person required to make the delivery, and the costs of receipt by the person to whom they should be delivered.
Article 519.-The price of the fruits delivered will be regulated, in terms of the compensation and reimbursement, in accordance with the current price of the square, at the place and time period fixed for the delivery. The current price is determined in accordance with the provisions of this Code.(*)
(*) Section X repealed by the Article 214 of the Act No. 16587published on22 June 1967.
SECTION XI
VOUCHERS AND NOTES TO THE ORDER, AND OF THE MANDATES OF PAYMENTS CALLED CHECKS(*)
(*) Section XI, repealed by Article 214 of the Act No. 16587published on22 June 1967.
TITLE I.
Of the securities and promissory notes.
Article 520.-The securities or promissory notes, shall contain:
1, The specific name of worth or note.
2nd The date of the expedition.
3 The amount.
4 The time of payment.
5. The person to whose order is to be done the payment.
6th The place where you made the payment.
7 The signature of contracting the obligation to pay for it.
Vouchers that have been paid in a different place from that of the residence of the payer, shall indicate an address for the payment.
Article 521.-Vouchers and / or notes to the order, will produce the same obligations and effects of the letters, except in the acceptance that is exclusive of these.
Vouchers and / or promissory notes which are not issued to the order, or to bearer, shall be deemed mere promises of payment, subject to the common law or the merchant, according to their nature.
Article 522.-The endorsements of the notes to the order should be extended as those of the letters.
TITLE II.
Of the mandates of payment called checks.
Article 523.-The people who are in credit institutions or in the possession of traders funds available to the view, they can turn on them by means of checks, whether in your favor or that of a third party.
Article 524.-The checks shall include:
1 the designation of The place in which it is rotated and the date expressed in letters.
2nd The amount expressed in letters and numbers.
3rd order number that corresponds to them.
4 The signature of the drawer.
Article 525.-Checks shall be payable to the view and may be drawn to the bearer or to the order of a certain person.
Article 526.-The bearer of a check must be presented for payment within eight days of its date, including the day of the giro. If not done so within that period, it loses its action against the exhibitor, provided that, the expiry of the term, desapareciere the provision of funds, through an act of the person to whose charge it had been rotated. He also loses the action against the endorsers, the checks payable to the bearer.
Article 527.-Payers will only be obliged to pay the checks until we have the funds that the spinners would have been delivered in the current account.
Article 528.-If the spinner notified in writing to the payer not to check the payment of a check, it will not do it; but if the notification is made after being paid, you will not be paying any responsibility.
Article 529.-The spinner to write a check without a date or with a wrong date, shall be sentenced to the payment of two percent of its value; that spinning without having funds available, it will suffer the same penalty, without prejudice to the liability to which they are entitled under the criminal code.
Article 530.-Are applicable, in general, to check all the provisions of this Code relating to the letters.
Article 531.-Can not be issued a duplicate of the mandates of payment without having cancelled previously the original, after the expiry of, and obtained the conformity of the delivered.
Article 532.-The drawer or any holder of legal term of payment shall have the right to indicate in it that is paid to a banker or given society, which will be expressed by writing cross on the obverse the name of the banker or society.
The payment made to another person who is not a banker or company indicated does not relieve you of liability to the drawer, if you had paid improperly.
Article 533.-Apply to payment orders in the current account of the banks or trading companies, known under the name of heels, the foregoing provisions, in what may be applicable.(*)
(*) Section XI, repealed by Article 214 of the Act No. 16587published on22 June 1967.
SECTION XII
THE EFFECTS ON THE BEARER, AND OF THE FALSEHOOD, THEFT, LARCENY, OR THEFT OF THE SAME(*)
(*) Section XII repealed by the Article 214 of the Act No. 16587enacted the 15-06-67.
TITLE I.
Of the effects to the wearer.
Article 534.-All the effects to the order of which is the previous section, may be issued to the bearer, and shall as those enforceable from the date of its expiration, without any requirement that the recognition of the responsible party's signature to your payment, or protest.
The due date will be counted according to the rules established for the purposes issued to the order.
Article 535.-Other effects to the wearer, whether listed in article 68, or actions, or liabilities of other banks, credit card companies, territorial, agricultural or furniture, railways, public works, industrial, commercial or otherwise, issued pursuant to the laws and provisions of this Code, shall produce the following effects:
1 Will be enforceable title, the same thing that their coupons, from the due date of the obligation concerned, or to their presentation, if you don't have it pointed out.
2nd will Be transferable by the simple tradition of the document.
3rd will Not be subject to a claim if they have been traded on the stock exchange, with the intervention of agent collegiate, and, where not any, with the intervention of a notary public or trading broker.
Be safe in the rights and actions of the rightful owner against the seller or other responsible persons according to the laws for the acts that you have been deprived of the possession and control of the effects sold.
Article 536.-The holder of an effect to the carrier shall have the right to confront their parents, whenever it suits you.
TITLE II.
The theft, damage or theft of the credit documents and effects to the wearer.
Article 537.-Will be credit documents to the bearer, for the purposes of this title, as the case may be:
1 credit documents against the State or the municipal councils, issued legally.
2nd Those issued by foreign nations, whose stock has been authorized by the Government at the proposal of the Board of association of the college of agents.
3º The credit documents to the bearer of foreign companies incorporated under the law of the State to which they belong.
4th credit documents to the carrier issued, under its constitutive act, establishments, companies, or national companies.
5 The issued by private individuals, provided that they are mortgage or are sufficiently guaranteed.
Article 538.-The owner dispossessed, whatever the reason, you can go before the judge or court of competent jurisdiction to prevent the pay to a third person (principal, interest or dividends due or maturing, as well as to prevent it from being transferred to another the ownership of the title or get to the issuance of one duplicate.
You will be competent court which exercises jurisdiction in the place in which it finds in the establishment or the person in debt. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 539.-In the complaint, the judge or court, then the landlord deprived, you must indicate your name, the nature, the nominal value, the number, if any, and the number of titles, and besides, if it were possible, the time and the place in which it came to be the owner, and the manner of its acquisition, the time and the place on which you received interest or dividends and the circumstances that accompanied the dispossession.
Article 540.-If the complaint is referred only to the payment of principal or interest or dividends due or about to expire, the judge or court, justified it in terms of the legitimacy of the acquisition of the title, you need to consider, sorting in the act:
1 publication of the complaint immediately in the Peruvian, The official newspaper of the department and in the circulation of the town, pointing out a term brief within which to appear, the holder of the title.
2nd is put in a knowledge management centre that has been issued by the title, or the company or individual from whom appropriate, to withhold the payment of the principal and interest. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 541.-The application shall be dealt with hearing of the prosecutor's office, and in the way that, for incident, prescribed in the code of criminal prosecutions and civil.
Article 542.-After one year has elapsed from the complaint without anyone to the contrary, and if in the interval have been distributed dividends, the complainant may ask the judge or court authorization, not only to receive interest or dividends due or about to expire, in the proportion and extent of their enforceability, but also the capital of the titles, if any, come to be enforceable.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 543.-Agreed-upon authorization by the judge or court, the dispossessed shall, before perceiving the interest or dividends or capital; to provide security sufficient and extensive to the amount of the annuity due, and in addition, to double the value of the last annuity due.
After two years from the authorisation without that the complainant was contradicted, the bond will be cancelled.
If the complainant is not wanted or is unable to pay the surety may require the company or individual debtors, the deposit or the interest or dividends due or callable capital, and receiving the two years, if not huble ${?}$contradiction, the securities deposited. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 544.-If the capital comes or be enforceable after the authorization, you may be requested under bond or required the deposit.
After five years without opposition from the authorization, or ten, from the time of the payment, the dispossessed will be able to receive the securities deposited.
Article 545.-The solvency of the surety will be appreciated by the judges and / or courts.
The grievant shall pay deposit and place it as income securities over the State, recobrándola at the end of the term to the repo.
Article 546.-If the complaint the case of the coupons to the carrier separated from the title, and the opposition has not been contradicted, the opponent will be able to receive the amount of the coupons after three years, counting from the judicial declaration regarding the complaint.
Article 547.-The payments made to the dispossessed in accordance with the rules before laid down, exempt from any obligation to the debtor and the third party who is aggrieved will only retain personal action against the opponent that proceeded without just cause.
Article 548.-Before the release of the debtor, a third carrier is presented with the titles that are reported, the first thing you need to retain them and make that known to the judge or court, and the first opponent, pointing out the name, neighborhood or circumstances from which can come in the knowledge of the third carrier.
The presentation of a third party shall suspend the effects of the opposition is decided by the judge or court.
The issuance of the duplicate will void the early title, and it will state so in the seats or records relating to them.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 549.-If the complaint was intended to prevent the negotiation or transfer of securities cotizables, the dispossessed may address the board of association of the college of agents to report the theft, damage or loss, and enclosing a note expressive of the series, and numbers of titles lost, the time of its acquisition and title by which it was purchased.
The board of association, on the same day bag or in the immediate, fixed notices on the bulletin board, announced the opening of the bag allegation made and shall advise the other boards of trustees of the nation, participándoles the complaint.
The same announcement will be made at the expense of the complainant, in The Peruvian, in the official newspaper of the department and in the circulation of the locality in question.
Article 550.-The negotiation of the vouchers stolen, stolen or lost, made after the announcements referred to in the preceding article, shall be null and void, and the purchaser shall not enjoy the right of non-claim, but it will be safe to the right of the third possessor against the seller and the seller against the agent who performed the operation.
Article 551.-In the space of nine days, which has reported the theft, theft or loss of the titles, you must obtain the decision of the Court of 1st instance, by ratifying the ban on negotiating or dispose of those securities.
If this car does not notice, or putteth it in a knowledge of the board of association in the period of the nine days, it will override the board's announcement and will be valid to the alienation of securities that is filed later.
Article 552.-After five years from the publications made under the provisions of the articles 540-549 and the ratification of the judge or tribunal referred to in article 551, without having made opposition to the complaint, the judge or court shall declare the nullity of the title is stolen or lost and will communicate it to the management centre officer, company or individual that appropriate, ordering the issuance of a duplicate in favour of the person who is to be its rightful owner.
If, within five years, submit a third opponent, the term shall be held in abeyance until the judges or courts to resolve. (*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 553.-The duplicate shall bear the same number as the early title, shall state that it is issued in duplicate, will produce the same effects as that and will be negotiable with the same conditions.
Article 554.-If the complaint of the dispossessed was intended to not only the payment of principal, dividends or coupons, but also to prevent the negotiation or transmission in bag of the effects cotizables, are observed, depending on the case, the rules laid down for each one in the previous articles.
Article 555.-Notwithstanding the provisions of this section, if the dispossessed any purchased securities on the stock exchange, the complaint shall be accompanied by the certificate of the agent, which is large and determine the merits of the titles or effects so that it appears your identity; before going to the judge or court may do so at the establishment or the person in debt, and even to the board of association of the college of agents, as opposed to the payment and requesting the publications appropriate. In such a case, the establishment or house debtor and the board of association will be required to proceed as if the court or tribunal have made the notification to be admitted and estimated the complaint.
If the judge or court, within the period of a month, not ordenare the retention or publication, shall be of no effect the complaint made by the dispossessed, and the establishment or the person in debt and the board of association will be free of all responsibility.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the words this section by this title.
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 556.-The preceding provisions shall not apply to bearer issued by the State, which is governed by laws, decrees or regulations special. (*)
(*) Section XII repealed by the Article 214 of the Act No. 16587enacted the 15-06-67.
SECTION I
THE SUSPENSION OF PAYMENTS AND BANKRUPTCY IN GENERAL (*)
(*) Section I will be repealed by the Act No. 7566published on 27-08-32.
TITLE I.
The suspension of payment and its effects.
Article 883.-The merchant who, possessing sufficient assets to cover all its debts, provide for the impossibility of sending to the dates of their respective maturities, may be formed in a state of suspension of payments, which shall declare that the judge of first instance of your home, in view of its manifestation.
Article 884.-You can also the merchant who owns sufficient assets to cover all liabilities, be in a state of suspension of payments within forty-eight hours following the expiration of an obligation that has not been satisfied.
Article 885.-The trader who intends to have him declared in a state of suspension of payment must accompany your instance the balance of your assets and liabilities, and the ratio of the expected request of its creditors, which may not exceed three years. If under any way attempt to remove or downgrade of the credit, shall be denied by the judge to process the request for suspension of payment.
The record of the suspension of payments will be adjusted to the procedures outlined in Section IV of this title, except that it is expressed with respect to the qualification of the bankruptcy. If the bankruptcy was dismissed by the Board, will be completed the record.
The provisions of articles 383 885 will be explained to the suspension of payments of companies and enterprises not included in the article 941.
For those companies not included in the article 941 may be constituted in a state of suspension of payments, it will be essential to the agreement of the partners, as adopted in the general meeting, precisely called for the purpose within the term indicated in the article 884.
For the meeting of the board shall be affixed to the flat shorter consent to the memorandum or articles social.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the phrase the procedures outlined in section IV of this title with the procedures marked in articles 85 and following the procedural law of bankruptcy.
TITLE II.
General provisions on bankruptcy.
Article 886.-Is considered in a state of bankruptcy to the trader that supersede, in the payment of their obligations.
Article 887.-It shall proceed to the settlement of bankruptcy:
1, When you ask for the same broken;
2nd application founded creditor legitimate;
Article 888.-For the declaration of bankruptcy at the instance of a creditor, it will be necessary that the application is melted in the title, which is dispatched writ of execution or levy, and that the embargo are not free goods enough for the payment.
Also shall proceed to the declaration of bankruptcy at the instance of creditors, although not obtained a writ of execution, to justify their securities, and that the merchant has dismissed a general way in the payment of its obligations, or that has not submitted a proposition of the convention in the case of suspension of payments within the period stated in the article 884.
Article 889.-In the case of leakage or concealment of a merchant, accompanied by the closing of their desktops stores or dependencies, without having a person who, in his representation, the direct and meets its obligations, it shall be sufficient for the declaration of bankruptcy at the instance of a creditor that it justifies its title and try those facts for the information that you give to the judge or the court.
The judges shall proceed ex officio, in addition, in cases of leakage is well-known or that should have the news accurate, to the occupation of the institutions of the runaways, and prescribe the measures required for their conservation, while the creditors ' use of his right on the declaration of bankruptcy.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published 13 August 1910deletes the word or court, in the present article.
Article 890.-Declared bankruptcy, the bankrupt will be disabled for the management of their assets.
All acts of ownership and management in a later period to retrotraigan the effects of bankruptcy, shall be null and void.
Article 891.-The amounts that the bankrupt paid in money, purposes or values of credit, in the thirty days preceding the declaration of bankruptcy, for a debt, and direct obligations whose maturity is later, you are returned to the mass by those who saw it.
The discount for its own purposes, made by the trader within the same term, shall be considered as advance payment.
Article 892.-Will be assumed to be fraudulent and will be ineffective with respect to the creditors of the bankrupt contracts concluded by it in sixty days from your bankruptcy if you belong to any of the following classes:
1 Transmissions${?}$real estate made free of charge.
2nd Constitutions endowment made of proprietary property of yours to their children.
3rd Concessions or transfer of immovable property in payment of debts not due at the time of filing the bankruptcy.
4th conventional Mortgages on obligations prior to the date that you did not have this quality, or loans of money or goods for which delivery is not made of this at the time of granting of the obligation before the notary and witnesses involved in it.
5th donations inter vivos, that have not known the character of remuneratorias, granted after the balance sheet prior to the bankruptcy, if it should prove a liability greater than the assets of the bankrupt.
Article 893.-May be voidable, at the instance of the creditors by the proof of the broken proceeded with intent to defraud them of their rights.
1 disposals, onerous, real estate events within the sixty days preceding the declaration of bankruptcy.
2nd constitutions endowment, made in the six months prior to the bankruptcy, of property of the conjugal partnership, in favor of the daughters, or any other transfer of property or title for free.
3rd constitutions endowment or recognition of capital, made by the spouse trader to the other spouse in the six months preceding the bankruptcy, which are not the property of the ancestry of, or acquired or possessed in advance for the spouse in whose favour it has been made in the recognition of a dowry, or capital.
4th-All confession of receipt of money or a title loan, made six months before the bankruptcy in a public deed, will not be backed up by the faith of delivery of a notary, or yes, having been in a private document, it does not consist uniformly of the books of the contracting parties.
5th All contracts, obligations, and commercial operations of the bankrupt which are not past ten days, at least, to the declaration of bankruptcy.
Article 894.-May be revoked, at the request of the creditors, and any donation or agreement entered into in the two years prior to the bankruptcy, if it were to prove any sort of assumption or simulation made in fraud of those.
Article 895.-Under the declaration of bankruptcy, shall be deemed to have expired on the date of the same, the outstanding debts of the bankrupt.
If the payment is verified before the time fixed in the obligation, shall be performed with the corresponding discount.
Article 896.-From the date of the declaration of bankruptcy, shall cease to bear interest on all debt of the bankrupt, unless the mortgage loans and pignoraticios up where they reach the products of the respective warranty.
Article 897.-The merchant who receives the revocation of the declaration of bankruptcy requested by your creditors may exercise against such action of damages, if they acted with malice, falsehood, or manifest injustice.
TITLE III.
Of the classes of the bankruptcy and of the accomplices in the same.
Article 898.-For legal purposes, we will distinguish three classes of bankruptcies, namely:
1 Insolvency coincidental.
2nd Insolvency guilty.
3rd fraudulent Insolvency.
Article 899.-Means bankruptcy fortuitous that of the trader to whom sobrevinieren hardship, being estimated to be casual in the regular order, and prudent in a good administration commercial, reduce your capital at the end of not being able to satisfy all or part of their debts.
Article 900.-Shall be deemed to be bankrupt guilty of traders who are found in any of the following cases.
1 If the household expenses and personal to the bankrupt may have been excessive and disproportionate in relation to your be liquid.
2nd If he may have suffered loss in any kind of game, in excess of what, by way of recreation, often venturing in this kind of entertainment a careful parent.
3º If the losses have occurred, the consequences of betting reckless and heavy, or purchases and sales or other operations designed to dilate the bankruptcy.
4th If, in the six months preceding the declaration of bankruptcy, sold at a loss or a lower price for the power, effects, purchased on credit and still be owing.
5th If constare that, in the period since the last inventory until the declaration of bankruptcy, there was a time in which the bankrupt had, by direct obligations, in double the amount of liquid that was in the inventory.
Article 901.-Will also reputed in judgment, broken, guilty, saved the exceptions that propose and prove to demonstrate the inculpabilidad of the bankruptcy.
1 Those who do not have carried the books of account in such form and with all the legal requirements and indispensable that are prescribed in Section 3 of the book first, and that, even bringing them with all of these circumstances, incurred within them lack that has caused damage to the third party.
2nd that have not yet done their manifestation of bankruptcy in the term and in the form prescribed in the article 884.
3º which, having been absent at the time of the bankruptcy filing or during the trial process; stop to appear in person in the cases in which the law imposes this obligation, not upon legitimate impediment.
Article 902.-It is considered fraudulent bankruptcy of merchants who fall under any of the following circumstances:
1 claim all or part of its assets.
2nd to Include in the balance sheet reports, books, or other documents relating to your rotation or negotiations, property, loans, debts, losses, costs or expenses assumptions.
3º Not have worn books, or wearing them, include them with damage to a third party, games are not sitting in a place and time appropriate.
4th Rip, delete, or otherwise alter any of the content of the books, to the detriment of a third party.
5th Not be of accounting the output or the existence of the asset from its last inventory, and the money, securities, chattels and effects, of any kind that are constare or justificare have entered subsequently in the possession of the bankrupt.
6th Hide in the balance, any amount of money, credits, genre to another species of property or rights.
7 Having consumed and applied to their own business, funds or effects of others that we are entrusted in the deposit, administration or commission.
8th Negotiate, without permission of the owner, letters of freelance obraren in his power for his collection, remission or other use of the negotiation, but has been made to the shipment of your product.
9 If being a commissioner for the sale of some genera or to negotiate loans or securities trading, has concealed the operation to the owner for any space of time.
10th Simulate disposals, of any kind they are.
11 Grant, sign, consent or to recognize so-called debts, presumiéndose such, unless the contrary is proved, all that does not have a cause of duty or value determined.
12 to Buy real estate, effects, or credit, putting them in the name of a third person, to the prejudice of his creditors.
13th Have anticipated payments to the detriment of the creditors.
14th Negotiate, after the last balance sheet, letters of its own turn in charge of the person in whose power did not have funds or credit open on her, or the permission to do so.
15 If, having made the declaration of bankruptcy, and hath perceived and applied to personal uses of money, effects, or credits of the mass, or distracted in this any of your belongings.
Article 903.-The bankruptcy of a trader whose real situation can not be inferred from his books, shall be presumed to be fraudulent, in the absence of proof to the contrary.
Article 904.-The bankruptcy of the mediators of the trade will be considered to be fraudulent when justifying made on your own, in its own name or that of another, any operation of traffic or money, even when the reason for the bankruptcy is not applicable to these facts.
If that arises bankruptcy by having constructed the agent a guarantor of the operations in which it intervened, shall be presumed to be the fraudulent bankruptcy, in the absence of proof to the contrary.
Section 905.-Will be considered accomplices of the bankruptcy fraudulent:
1 that aid the uprising of property of the bankrupt.
2nd Those who, having conspired with the broken to assume credit against him, or increase the value of those who actually have against their values or goods, to hold this assumption in the judgment of the review and rating of the loans or at any meeting of creditors of the bankrupt.
3º that, to come before the graduation, to the detriment of other creditors, and in accordance with the bankrupt, alteraren the nature or date of the credit, even when it is verified before becoming the declaration of bankruptcy.
4th, that, deliberately, and after which the bankrupt ceased his payments, we auxiliaren to hide or subtract any part of its assets or credits.
5th which, being holders of some ownership of the bankrupt, at the time of becoming notorious declaration of bankruptcy by the judge or court that it knows, the entregaren to the one and not the administrators legitimate of the mass, unless, being of a nation or province different from the address of the bankrupt; proving that in the town of his residence, there was no news of the bankruptcy.
6th which negaren to the administrators of the bankrupt the effects of the membership of the bankrupt, existieren in his power.
7 Those who, after the publication of the declaration of bankruptcy, admitieren endorsement of the bankrupt.
8th creditors legitimate that, in prejudice and fraud of the dough, made with the broken conventions individuals and secrets.
9º mediators that are involved in traffic operations, or money that doeth the merchant declared bankrupt.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the third subparagraph of this article, the word with this
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in paragraph five of this article.
Article 906.-The accomplices of the broken shall be convicted, without prejudice to the penalties incurred under the criminal laws.
1 lose any right it may have to the estate in which they are declared accomplices.
2nd To reintegrate the same mass of property, rights and actions on whose abduction has gone to the declaration of their complicity, with interest and compensation for damages.
Article 907.-The rating of the bankruptcy, to require the debtor to criminal liability, it will always make a separate notebook that is substantiated with a hearing of the prosecutor's office, of the trustees and of the same broken.
The creditors shall have the right to intervene in the case, and after the failure; but do so at their own expense, without action to be reinstated by the mass of the costs of trial or of the coast, whatever the outcome of their efforts.
Article 908.-In any case, or the application of a party or ex officio, shall be, for the offences of bankruptcy guilty or fraudulent, not before the judge or a court has made a declaration of bankruptcy, and have the merit to proceed criminally.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 909.-The rating of bankruptcy fortuitous shall not preclude the criminal proceedings, when of the lawsuits pending on convention, recognition of credits or any other incident, resulting evidence of the facts stated punishable under the criminal code, which shall be submitted to the knowledge of the judge or court of competent jurisdiction. In these cases must be previously heard the public prosecutor's office.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
TITLE IV.
The convention of the broken with your creditors.
Article 910.-In any state the trial, finished the recognition of credits and made the rating of the bankruptcy, the bankrupt and his creditors will be able to make agreements as they see fit.
Shall not enjoy this right is broken, fraudulent, or fugaren during the bankruptcy case.
Article 911.-The agreements between the creditors and the bankrupt must be done at a creditors ' meeting duly constituted.
The covenants particular between the bankrupt and any of its creditors shall be void; the creditor to do so will lose their rights in bankruptcy, and the broken, by this fact alone, will be graded as guilty, if not mereciere be considered as broken fraudulent.
Article 912.-Creditors uniquely privileged, the privileged and the mortgage, may refrain from taking part in the resolution of the meeting of the convention; and, abstaining, this will not happen prejudice to their respective rights.
If, on the contrary, consider them to have a voice and vote in the proposed convention, will be included in the waiting or remove the board agreed, without prejudice to the place and degree, appropriate to the title of your credit.
Article 913.-The proposition of agreement will be discussed and put to vote, forming a resolution to the vote of a number of creditors that compose the half and one more of those in attendance, provided that your interests in the bankruptcy cover three-fifths of the total liabilities, net of the amount of the claims of the creditors included in the first paragraph of the preceding article who have used the law as stated in that paragraph.
Article 914.-Within eight days following the conclusion of the board in that is has agreed to the convention, the dissenting creditors and those who do not have attended the meeting, may object to the approval of the same.
Article 915.-The only causes that may be based opposition to the convention; they shall be:
1 Defect in the forms prescribed for the convening, holding and deliberation of the board.
2nd Lack of attorney or representation in any of the voters, provided that your vote will decide the majority in number or amount.
3rd Intelligences fraudulent between the debtor and one or more creditors, or the creditors among themselves to vote in favour of the convention.
4th Exaggeration fraudulent credit to ensure the most amount.
5th Inaccuracy fraudulent in the balance sheet of the business of the failed or in the reports of the trustees, to facilitate the admission of the propositions of the debtor.
Article 916.-Approved the agreement, and except as provided in article 912, will be mandatory for the failed and to all creditors whose claims date from before the time of the declaration of bankruptcy, if they have been cited in legal form, or if, having been notified of the adoption of the convention, have not claimed against it, even if they are not included in the balance sheet or been a party to the proceedings.
Article 917.-Under the convention, not upon express agreement to the contrary, the credits will be extinct in the part that it has been made a referral to the broken, even when I stay any excess of the assets of the bankrupt, or, later, I will come to a better fate.
Article 918.-If the debtor agreed fails to fulfill the stipulations, any of its creditors may request the termination of the agreement, and the continuation of the bankruptcy before the judge or court that has known of the same.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 919.-In the case of not having mediated the covenant expressly spoken of in the article 916, creditors who are not satisfied entirely with what you perceive of having the bankruptcy until the end of the liquidation thereof, shall retain action, so that they might be rendered on duty, on goods that subsequently acquires or may acquire bankrupt.
TITLE V.
Of the rights of creditors in case of bankruptcy and their respective graduation
Article 920.-Goods, effects, and any other kind of property that exist in the bankruptcy estate, the ownership of which has not been transferred to the bankrupt by a legal title, irrevocable, shall be deemed to be the domain of foreign and shall be made available to their rightful owners, prior to the recognition of their right on the meeting of creditors or a judgment, holding back the mass of the rights in such property may apply to the broken, in the place of which shall be replaced that, provided that you fulfil the obligations attached to the same.
Article 921.-Are deemed to be included in the precept of the preceding article, for the purposes mentioned in it:
1 property endowment inestimados and estimates that are conservaren in the power of the husband, if constare your receipt by a public deed, registered in accordance with articles 21 and 27 of this Code.
2nd property parafernales that the woman has acquired by inheritance, legacy or donation, have been preserved in the form in which you received them, have been subrogated and invested in others, such that the investment or surrogacy is registered in the commercial register pursuant to the provisions of the articles cited in the previous number.
3º The goods and effects of the bankrupt shall have in deposit, management, lease, rental, or lease.
4º The goods that the bankrupt has in his power for the commission to purchase, sell, transit or delivery.
5th bills of exchange or promissory notes that, without endorsements expression that trasmitiere your property have been forwarded for collection to the broken, and which has acquired for the account of another, fought or endorsed directly in favour of the purchaser.
6th flows remitted out of current account to be broken, and that he had in his power, to deliver to a particular person in the name and for the account of the purchaser, or to meet obligations which have to be carried out in the home of the former.
7 The amounts that may be owing to the broken, for sales made on account of others, and the letters or notes of the same origin that obraren in his power, though they be extended in favour of the owner of the goods sold, provided that it is proved that the obligation comes from them, and that there were in the possession of the bankrupt for the account of the owner to make them effective and to send the funds to your time, which shall be presumed to be right if the game is not passed in the current account between the two.
8th equality sold the bankrupt to pay cash and not satisfied in whole or in part, meantime, remain packaged in the stores of the bankrupt, or in the terms on which you made the delivery, in a state of distinguished specifically by the marks or numbers of bundles or packages.
9th goods that the bankrupt has bought time, while not has made the physical delivery of them in their stores or place is agreed to make it, and those whose knowledge or consignment notes you have sent, after charged, of order and for the account and risk of the buyer.
In cases of this number, and 8, the trustees will be able to stop the genres purchased or claim it for the dough, by paying a price to the seller.
Article 922.-With the product of the assets of the bankrupt, made the deductions prescribed in the preceding articles, shall be paid to the creditors in accordance with what is established in the following articles.
Article 923.-The graduation credits will divide it into two sections: the first will include credits that have to be satisfied with the product, the goods and chattels of the bankrupt, and the second to be paid with the proceeds of the real estate.
Article 294.-The priority of the creditors of the first section will be established by the following order:
1 creditors uniquely privileged, in this order:
A. - The creditors for expenses of burial, funeral and estate planning.
B. - creditors food, or whatever they have provided food to the bankrupt or his family.
C. - creditors by the work of staff, including the dependents of commerce for the last six months prior to the bankruptcy.
2nd The privileged, who were consigned to a preferential right in this Code.
3rd The privileged, by the common law, and the mortgage legal in cases where, in accordance with the same law, will have priority on the personal property.
4th unsecured creditors, together with those who are by titles or commercial contracts in which has intervened agent or broker.
5th general creditors for commercial operations.
6th general creditors by civil law.
Article 925.-The priority in the payment of creditors of the second section is subject to the following order:
1 creditors with a right in rem, in the terms for the order resulting from the registration of the property.
2nd creditors singularly privileged and others listed in the preceding article, by the established order in the same.
Article 926.-The sums that the mortgagees legal percibiesen of the goods furniture, made as they are, will be paid on account of what they receive for the sale of real estate; and, if they perceived the total of your credit, shall be deemed to have paid and will pay to follow in order of dates.
Article 927.-The creditors will receive their credits without distinction of dates, on a pro rata basis within each class and subject to the order designated in the articles 922 and 923.
Exceptúanse:
1st mortgage lenders, you will be charged for the order of the dates of registration of their titles.
2nd unsecured creditors and securities trading intervened by agents and brokers, who charge also by the order of date of their titles.
Stay safe, notwithstanding the foregoing provisions, the privileges set forth in this Code on certain thing; in which case, if concurrieren several creditors of the same class, observe the general rule.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the present article, the numbers 922 and 923 with the numbers 924 and 925.
Article 928.-Is not passed on to distribute the proceeds of the sale among the creditors of a degree, letter, or number of those set out in articles 924 and 925, without that they are completely paid off the loans of grain, letter or number of the articles referred to, according to their order of priority.
Article 929.-The creditors pignoraticios not have an obligation to bring to the mass of values or objects that constitute the garment, unless the representation of the bankruptcy the will to regain satisfying in full the credit to which they are affected.
If the dough will not do this right, the creditor may exercise the actions that are applicable in accordance with articles 316 and 317. The surplus that is rendered after the termination of the credit, shall be delivered to the dough.
If, on the contrary, still prove to be a balance against the bankrupt, the creditor shall be considered to be in the appropriate place, according to the established rules for the graduation.
Article 930.-The mortgage creditors, whether voluntary already legal, whose credits wouldn't be covered with the sale of the real estate properties that were mortgaged, shall be considered, in regard to the rest, as unsecured creditors, concurring with others in this grade according to the date of their titles.
TITLE VI.
Rehabilitation of the bankrupt
Article 931.-The broken fraudulent will not be able to be rehabilitated.
Article 932.-Broken not covered in the previous article will be able to get their rehabilitation, justifying the full compliance with the convention approved that would have made with his creditors.
If there is not mediated agreement, will be required to prove, that, with the credit of the bankruptcy or by subsequent deliveries were satisfied all the obligations recognized in the bankruptcy proceeding.
Article 933.-With the enabling of the bankrupt shall cease all the bans legal that produced the declaration of bankruptcy
TITLE VII.
General provisions relating to the bankruptcy of corporations in general.
Article 934.-The bankruptcy of a corporation, on behalf of collective or limited partnership, carries with it the partners that have in it and several liability, in accordance with articles 135 and 156 of this Code, and shall be in respect of all such partners, the inherent effects of the declaration of bankruptcy, but always staying separate settlements respective.
Article 935.-The bankruptcy of one or more members does not produce by itself the society.
Article 936.-If the limited partners or companies anonymous were not delivered at the time of the declaration of bankruptcy is the total of the amounts to be forced on the company, the administrator or administrators of the bankrupt shall have the right to reclamarles dividends liabilities that may be necessary within the limits of their respective responsibilities.
Article 937.-The limited partners, the companies and the participation accounts that are creditors of the bankruptcy, will not be in the passive of the same by the difference that results in its favor after the decks of the amounts that are bound to bring in the concept of such partners.
Article 938.-In collective societies, the particular creditors of the partners whose credits were previous to the constitution of the society, shall agree with the creditors, standing on the place and appropriate grade level according to the nature of their respective appropriations, in accordance with the provisions of articles 924, 925 and 926 of this Code.
Subsequent creditors are only entitled to collect your credits rematante, if any, after satisfying the debts; except always the preference given by the laws of the debts and mortgages.
Article 939.-The convention, in the bankruptcy of corporations that are not in liquidation, may be aimed at the continuation or transfer of the company with the conditions set forth in the convention.
Article 940.-The companies will be represented, during the bankruptcy, as have planned for this case, the statutes, and, in his default, by the board of directors; and may, at any state of the same, introduce lenders to the proposals of the convention that they deem appropriate, which shall be settled in accordance with what is stipulated in the title of the following:
TITLE VIII.
The suspension of payments and bankruptcy of companies and enterprises of railways and other public works
Article 941.-Companies and railway companies and other works of public service in general, departmental or municipal, that may be found in the inability to repay its obligations, may be submitted to the judge or court in a state of suspension of payments.
You also get the declaration of suspension of payments at the request of one or more creditors legitimate, considered as such, for the purposes of this article, the commitments in the 888.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 942.-For any court action or administrative will be interrupted the service of railways or any other public work.
Article 943.-The company or company that is presented in a state of suspension of payments, applying for composition with his creditors, shall accompany the request by the balance of their assets and liabilities.
For the purposes relating to the convention, should be divided between the creditors in three groups: the first will include the credits of work and staff from expropriations, works and materials; the second, the mortgage obligations issued by the capital that they represent, and by the coupon and amortization due and not paid, and when the coupons and amortization by their total value and the obligations according to the type of broadcast, dividing this group into as many sections as many have been the emission of debentures; and the third, all other claims, of whatever nature and order of precedence among themselves, and with regard to the above groups.
Article 944.-If the company or enterprise does not submit the balance sheet in the form given in the preceding article, or the declaration of suspension of payments had been requested by creditors that justify the conditions laid down in paragraph 2 of article 941, the judge or court shall command that form the balance of the term of fifteen days, after which without having it, shall be made ex officio in the same term and at the expense of the company, or the company's debtor.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 595.-${?}$The declaration of suspension of payments made by the judge or court, will produce the following effects:
1 shall be Suspended by the executive procedures and measures of constraint.
2nd will Force companies to disclose in the authorized banks to effect the leftovers, covered the expenses of administration, operation, and construction.
3rd will Impose on the companies and businesses, the duty to submit to the judge or court, within a period of four months, a proposal for an agreement for the payment of creditors, previously approved in the ordinary general meeting or extraordinary by the shareholders, if the company or business debtor is constituted by actions.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the present article.
Article 946.-The convention shall be approved by the creditors, if they accept that represent three-fifths of each of the groups or sections listed in the article 943.
It also means approved by the creditors, if, not having competed in the first period prescribed for the purpose, number enough to form the most of it before it comes, what's ok in a second meeting of the creditors representaren the two-fifths of the total of each of the first two groups and their sections, provided that there would be no opposition in excess of other two-fifths of these groups or sections, or total liabilities.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the final part of this article, the words of other two-fifths, with two-fifths of anyone.
Article 947.-Within fifteen days following the publication of the counting of the votes, if this has been favorable to the convention, the dissenting creditors and those who had not attended will be able to make opposition to the convention by defects in the convocation of the creditors and in the accessions of these, or by any of the causes identified in the figures 2 to 5 of article 915.
Article 948.-Approved the convention without opposition, or dismissed by judgment, shall be mandatory for the company or business debtor and all creditors whose claims date from before the time of the suspension of payments, if you have been cited in legal form, or if, having been notified in convention, have not claimed against him.
Article 949.-Shall proceed to the declaration of bankruptcy of companies or companies when you them on request; at the instance of a creditor legitimate, provided that in this case justificare any of the following conditions:
1 If transcurrieren four months since the declaration of suspension of payments, without presenting to the judge or court for the proposition convention.
2nd If the agreement is disapproved by a judgment, or not reunieren sufficient support for his approval, in the two time periods referred to in article 918.
3º If approved the convention, were not met by the company or a company debtor, provided that in this case the request of the creditors representing at least one-twentieth of the passive.(*)
(*) In accordance with the Paragraph 1 of the Law N° 1175published on13 August 1910, is replaced in the second paragraph of this article, the number 948 with the 946..
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the first paragraph of this article.
Article 950.-Made the declaration of bankruptcy, if subsistiere the grant, will be in the knowledge of the Government or of the corporation that has been granted, and shall constitute a board of seizure, consisting of a president appointed by such authority, two members appointed by the company, or the company, one for each group or section of creditors, and three to the plurality of all of these.
Article 951.– The council of seizure organised provisionally in the service of the public work, will administer and operate, in addition, obliged:
1 To record, with the character of a required deposit, the products of the banks authorized to that effect, after deducted and paid the expenses of administration and operation.
2nd To be delivered in the same banks, and in the concept of a required deposit, stocks in cash or securities that had the company or the company at the time of the seizure.
3rd To exhibit the books and papers belonging to the company, or the company when needed and ordered by the judge or court.(*)
(*) In accordance with the Paragraph 2 of the Law N° 1175published on13 August 1910deletes the word or court, in the third subparagraph, leaving surviving those words in the second part of the third paragraph of this article.
Article 952.– At graduation, and payment of creditors, you will observe the provisions of title-fifth of this section.(*)
(*) Section I will be repealed by the Act No. 7566published on 27-08-32.
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