Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title II - Owner - From: Section 1473 to: 1488 Art

TITLE II

THE OWNER

Section 1473 .- It is called owner's natural or legal person, whether or not the owner of the ship, rigging, equips and issues its own name and at your own risk, perceived utilities that produces and supports all the responsibilities that affect it.

The person named in the respective registration as owner of a ship owner shall be deemed, unless proved otherwise.

Section 1474 .- Those who take the operation of a vessel owner must return the captaincy of the port of registry of the same.

This statement can be made by the owner of the ship, if the owner does not give it.

Section 1475 .- If making the declaration, the shipowner shall be found residing at the port of registry of the ship, shall appoint a representative domiciled and registered at the port captain at the port of registration.

Section 1476 .- The owner must provide in the act of the declaration certified true copy of the title that it has under the operation of the craft.

Section 1477 .- The duties of the owner:

1. Freely appoint and remove the captain of the ship, unless otherwise specified;

2. Assisting in the captain's crew selection. The owner may not impose any unjustified refusal crew against the captain;

3. Celebrate by itself or through its agencies claiming maritime contracts the administration of the ship, and

4. Captain Provide instructions for the government of the ship and its administration during the trip.

Paragraph .- The owner may not transfer the cargo.
Section 1478 .- The obligations of the owner:
Section 1480 .- In addition to cases specially provided for in this Code, the owner will be exempt from liability as follows:
Section 1482 .- The limitation of liability set forth in Article does not apply to obligations arising from acts or personal fault of the owner, or obligations on behalf or on his behalf by the shipping agent or master, when he has used the or ratified in particular nor to those relating to employment contracts with the captain, crew or other persons in the service of the ship.
Section 1483 .- If the captain is both owner or part owner of the ship or has the quality of owner, may not invoke the limitation of liability provided in Article 1481, but for their faults nautical and the same faults of persons in the service the ship.
Section 1484 .- The owner is relying on the limitation of its liability to the value of the ship, freight and accessories, to prove the value of it and the accessories mentioned in Article 1562. The valuation of the ship based on the conditions thereof in accordance with the following rules:
The valuation of the ship in case of accidents occurring during the stay in the same port, will be in accordance with the condition of the ship in it, after the accident;

1. Paying off debt that the master contract and provision to enable the ship to exercise its legal powers;

2. Reply civilly liable for the faults of the captain, the pilot or crew, and

3. Enforce contracts that the agency lawful or sea captain held for the benefit of the ship or shipment.

Section 1479 .- Even in cases where there have been strange to her appointment, the shipowner liable for the faults of the captain.

1. If the facts of the master or crew are not in on the ship or the issue;

2. In the case of facts that the captain had executed as a delegate of the authority;

3. In the case of obligations to assist and rescue others, and

4. If the indemnity is accusing an accomplice to the facts of the captain or crew.

Section 1481 .- The owner, proprietor or not the ship, be liable for the value of it, its accessories and freight, in fulfilling the following obligations:

1. From the compensation due to third parties for damages or losses caused during shipping or in port because of the captain, crew, the pilot or any other person in the service of the ship;

2. Of compensation payable for damage to the cargo is delivered to the captain for transportation or goods on board;

3. Of other obligations under the bill of lading or charter party;

4. The compensation due for the sins nautical execution of a contract, subject to provisions of paragraph 1o. Article 1609;

5. The obligation to remove the remains of a shipwrecked vessel and the obligations associated with it;

6. Of wages and rescue assistance;

7. Of the tax corresponding to his ship under a general average act, and

8. Of obligations outside the home port for the shipping agent or master, through their legal powers to meet the needs of his ship or the continuation of the journey, provided that those are not from failure or defect of equipment or supplies to commencement of travel.

Paragraph .- For purposes of this section shall be construed as accessories as indicated in Article 1562.

1. In the event of collision or other accident, in relation to claims related to one or another, including those arising from contracts even at the time of arrival of the ship at the first port after the accident, the valuation is in accordance with the conditions of the ship upon arrival to the port.

If before that time another accident reduced the value of the ship, the further decrease of this value is not taken into account when considering complaints about the first accident.

2. In the case of claims relating to or arising from the burden of lading, not covered by the above rule, the valuation will be in accordance with the state of the ship at the port of destination of the cargo or the site where the travel is interrupted.

If the load they were intended to more than one port and the damage shall be found related to one of them, the valuation will be in accordance with the state of the ship in the first of these ports, and

3. In all other cases referred to in Article 1481, the estimate is made according to the condition of the ship at the end of the trip.

Section 1485 .- For the purposes of Article 1481 means shipping is included in the ticket price, ten percent of the value of the vessel at the beginning of the trip.

Section 1486 .- The various claims arising from the same accident or by reason of which, in the absence of accident, determine the value of the ship in one port, will be governed by Articles 1555 and following of this Code.

Section 1487 .- In case of death or personal injury caused by the right people at the ordinal 1st. Article 1481 of the shipowner's liability for responsibility for victims or their dependents will be extended beyond the limit set in the same article, to the sum of fifteen grams of gold per ton of tonnage of the ship.

With the total indicated in the preceding paragraph shall be paid such allowance and, if insufficient, the victims or their heirs will concur with the other creditors, up to the balance that is left to be due in the value of the ship, its accessories and freight, taking into account the order of privilege.

Section 1488 .- The tonnage of articles that address the 1481 and 1487 is calculated as follows: In mechanically propelled vessels, the tonnage increased net registered tonnage tonnage for space propulsion machinery, as these are defined by regulations of the maritime authority.

In sailing, the net tonnage.