Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title VI - Risks and Damages in Maritime Navigation - Chapter III - forced landing - From: Section 1540 to : Art: 1544
CHAPTER III
Forced landing
Section 1540 .- Called forced landing the necessary entry to port other than authorized in the permit departure.
Section 1541 .- The forced landing is legitimate or illegitimate: The legitimate is that which comes from a fortuitous event inevitable, and that brings illegitimate origin of intentional fault of the captain. The forced landing was deemed illegitimate. In any case, the harbor master will investigate and qualify the facts.
Section 1542 .- The expenses of distress from facts that are common faults or individuals are governed by the provisions of Chapter I of this Title.
Except for general average, the costs of illegal arrival, will be the responsibility of the owner, without prejudice to its right to recourse against the person who caused the damage.
Section 1543 .- Neither the captain nor the owner will be liable to the shippers of damages suffered as a result the arrival legitimate. But if the above was described as illegitimate, both will be jointly and severally liable to compensate shippers.
Section 1544 .- The owner and captain are jointly liable for damages resulting from unreasonable delay in the onward journey after the respective termination of the forced landing.
The shipping agency will also be jointly liable if it has a stake in the delay.
Section 1541 .- The forced landing is legitimate or illegitimate: The legitimate is that which comes from a fortuitous event inevitable, and that brings illegitimate origin of intentional fault of the captain. The forced landing was deemed illegitimate. In any case, the harbor master will investigate and qualify the facts.
Section 1542 .- The expenses of distress from facts that are common faults or individuals are governed by the provisions of Chapter I of this Title.
Except for general average, the costs of illegal arrival, will be the responsibility of the owner, without prejudice to its right to recourse against the person who caused the damage.
Section 1543 .- Neither the captain nor the owner will be liable to the shippers of damages suffered as a result the arrival legitimate. But if the above was described as illegitimate, both will be jointly and severally liable to compensate shippers.
Section 1544 .- The owner and captain are jointly liable for damages resulting from unreasonable delay in the onward journey after the respective termination of the forced landing.
The shipping agency will also be jointly liable if it has a stake in the delay.
Comentarios