Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Title IV - Transportation Agreement - Chapter I - General Provisions - From: Section 981 By: Art 999

COLOMBIAN COMMERCIAL CODE

TITLE IV

TRANSPORT AGREEMENT

CHAPTER I

General Provisions

Article 981 .- Modified. Decree 01 of 1990, Article 1. Transportation is a contract whereby one of the parties are obligated to the other, for a fee to drive from one location to another by certain means and within the time limit, people or things and deliver them to the recipient.

The transport contract is perfected by the mere agreement of the parties and evidence under the legal rules.

In the event that the contract or any of its clauses is inefficient and have run benefits, it may request the intervention of the judge to order that prevents one party is enriched at the expense of another.

Article 982 .- Modified. Decree 01 of 1990, Article 2. The carrier shall, within the term, the mode of transport and type of vehicle as stated in the contract, in the absence of stipulation, according to schedules, routes and other rules contained in the official rules in a reasonable time and by a reasonably direct route:

1. In the carriage of goods to receive, conduct and deliver in the state where they are received, which are presumed to be in good condition, unless evidence to the contrary, and

2. In the carriage of people to drive them safely to their destination.

Article 983 .- Modified. Decree 01 of 1990, Section 3. Transport companies are public service or private service. The Government shall determine the characteristics of public utilities and regulate the conditions of their creation and operation. The utilities will submit their formal approval regulations and, if not provide service in vehicles owned, held with the owners of these link the respective contract, according to the transport regulations.

Paragraph .- For the constitution of legal persons aimed at the public service motor carrier, subject to routes and schedules, as well as the full legal requirements will require prior authorization from the National Institute of Transport and Traffic or entity acting in its Sometimes authorization is logged in with the respective authentic copy writing.
Article 984 .- Modified. Decree 01 of 1990, Article 4. Subject to special rules, transport must be contracted with authorized carriers, who may order the driver, in whole or in part to others, but under its responsibility, and without understanding why it changed the conditions of the contract. Violation of the provisions of this Article shall result in the imposition of appropriate administrative sanctions.Article 985 .- Modified. Decree 01 of 1990, Article 5. Combined transport is considered one in which there is a single contract of carriage driving is done in turn by several transportation companies for more than one mode of transport. His hiring may take place in the following ways:Article 986 .- Modified. Decree 01 of 1990, Article 6. When several carriers involved in the execution on a single contract of carriage by one or more modes, or be issued ticket, waybill, bill of lading or consignment Trucking, single or direct, will observe the following rules:

1. Hiring the sender with one of the transport companies who performs it, which will be effective carrier in relation to transport materials brought out by itself, and act as freight forwarder with other companies.

2. through the operation of a freight forwarder to hire individually or jointly with the various transportation companies.

3. Hiring the sender along with the various transportation companies.

In combined transport, transport modes will apply the rules governing it.

1. The transporters involved are jointly responsible for fulfilling the contract in its entirety as if each had executed him.

2. Each of the intermediate carriers liable for damage in route to his care, without prejudice to the provisions of the previous rule.

3. Any of the carriers to compensate the damage that another carrier is responsible is subrogated to the actions against it exist by reason of such damage, and

4. If it can not determine the way in which the damage occurred, the carrier will pay the action against each of the carriers required to pay in proportion to travel by each, divided between those responsible and in the same proportion the fee for the insolvent carrier.

Paragraph .- For purposes of this article, each carrier may require the following, the proof of failure to implement fully the obligations under the contract. The issuance of such evidence without any comment, will boast such compliance.

Article 987 .- Modified. Decree 01 of 1990, Article 7. In conducting multimodal transport of goods by two or more modes of transportation from a place where the multimodal transport operator takes them under his custody or responsibility to another place designated for delivery to the recipient, under a contract single transport.

Means multimodal transport operator any person who, by himself or through another work in his name, holds a multimodal transport contract and acts as principal, not an agent or by the sender or transporters involved in operations, and assumes responsibility for contract compliance.

When such conduct occurs goods between two or more countries will be international multimodal transport.

For multimodal transport shall apply to the particular provided in this Code or the regulations and the rule is not the custom.

Section 988 .- Modified. Decree 01 of 1990, Section 8. Unless otherwise provided, the latter represent the other carrier to collect the respective benefits under the contract, to exercise the lien and privilege that the same will apply.

If you omit to perform the acts required to collect or to exercise such privileges, be liable for amounts owed to other carriers without prejudice to their right to go directly to the recipient or sender.

Article 989 .- The carrier is obliged to conduct the people or things transported on request, if permitted by ordinary means at its disposal to meet the normal conditions of procedure of the company, according to official regulations.

Article 990 .- Transportation contracts must be executed in the order in which they are held. If this order can not be established or if simultaneous requests for transport, will be as specified by government regulations.

Article 991 .- Modified. Decree 01 of 1990, Section 9. When the utility is not the owner or lessee of the vehicle in which the transport takes place, or do not have another title effective control of the vehicle, the owner thereof, the company that hires and leading to, jointly and severally liable obligations arising from the contract of carriage.

The company has effective control of the vehicle when administered with power to appoint staff to use it and it operates directly and without intervention of the owner.

Article 992 .- Modified. Decree 01 of 1990, Section 10. The carrier may only be exempted in whole or in part, from liability for non-execution or defective execution or late obligations if he proves that the cause of the damage it was strange or as the case was due to an inherent defect or inherent the thing transported, and also that it took all reasonable steps been taken to a conveyor according to the demands of the profession to avoid injury or aggravation.

Violations of government regulations or company shall be taken as guilt, where the breach has caused or aggravated the risk.

The terms of the contract involving the total or partial waiver by the carrier of its obligations or liabilities will not produce effects.

Article 993 .- Modified. Decree 01 of 1990, Section 11. The direct or indirect actions of the transport contract from prescribed two years.

The statute of limitations runs from the day has ended or because the obligation to conclude driving.

This term can not be modified by the parties.

Section 994 .- Modified. Decree 01 of 1990, Section 12. When the Government requires, the carrier must make their own or by the passenger or cargo owner, insurance that covers people and transported goods against the risks inherent in transportation.

The carrier shall not become an insurer of its own risk and responsibility. The Government shall regulate the requirements, conditions, and amounts of insurance protections provided in this article, which will be issued by insurers, insurance cooperatives and insurance companies legally established.

Article 995 .- Free transport is not benevolent or commercial contract but will when accessory to an act of commerce.

Shuttle service provided by an employer to workers with their own equipment will be considered as an accessory contract.

Article 996 .- When transport is agreed in the form of supply also apply the rules contained in Title III of this Book.

Article 997 .- Modified. Decree 01 of 1990, Section 13. The government will regulate the operation of transport companies, terminals, distribution centers and transportation information, especially regarding the safety of passengers and cargo, hygiene and safety of vehicles, ships, aircraft, ports, stations , warehouses and other facilities and in terms of fares, schedules, itineraries and company regulations. Also establish the scale of penalties for violation of laws and regulations.

Article 998 .- Modified. Decree 01 of 1990, Section 14. The obligations arising from the contract of carriage shall not be extinguished by the death or bankruptcy of any party or by the dissolution of the legal entity that is part of the contract.

Article 999 .- The Government shall regulate the provisions of this Title, which will also apply to whatever the means employed to do so, subject to provisions contained in special provisions.