Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title XI - The Leasing of Ships - From: Section 1678 At: Art: 1687
TITLE XI
LEASE OF CRAFT
Section 1678 .- There will lease when one party agrees to deliver to another for a price, use and enjoyment of a ship for a specified term. This contract will be tested in writing, except in the case of smaller vessels.
Section 1679 .- The tenant may not sublet or assign the contract in any way without the consent of the lessor. The sublease will be subject to the requirements of the preceding article.
Section 1680 .- The landlord is obliged to deliver the ship with all its accessories, seaworthy and equipped with the necessary documents, and provide opportunities for all repairs due to force majeure or normal wear and tear of the ship, according to the agreed job.
Section 1681 .- The landlord will be responsible for damages resulting from defects of navigability, unless he proves to be a latent defect might escape a reasonable diligence.
Section 1682 .- The tenant will have the quality of owner and, as such, the rights and obligations thereof.
Section 1683 .- The tenant is obliged to use the ship as the technical characteristics of the same, according to documents issued by the national maritime authority and in accordance with agreed employment contract.
The violation of the provisions of this Article shall entitle the landlord to declare the contract terminated and the tenant demand compensation for damage he caused.
Section 1684 .- Lessee shall bear the provisioning of the vessel and expenses and repairs, other than those mentioned in Article 1680, which would result in the use thereof in the purpose specified in the contract.
Obliged also to repair the damage and damage caused by abnormal use or misuse of the ship.
Section 1685 .- Without the express consent of the owner, the contract shall be extended if, at maturity, the lessee continues in possession of the ship. But if the contract expires while the ship is traveling shall be considered extended until the termination.
If the tenant continues in fact to the possession of the ship shall be regarded as an operator for all legal purposes. Done during the tenure of the tenant must pay the landlord the amount stipulated in the contract increased by 50% will be also required to keep the thing properly without this end its obligation to reimburse.
If such excess is greater than one third of the time scheduled for the duration of the contract, the lessee shall indemnify all damages.
Section 1686 .- If the contract expires while the ship is traveling, the lease will be extended under the same conditions agreed to the termination of the trip, except when due to fault of the tenant, in which case it applies the provisions of the preceding article.
Section 1687 .- The actions prescribed under this contract in a year from completion or, as provided in Article 1685, since the restoration of the ship. In case of alleged loss of the ship, the limitation shall run from the date of deregistration.
Section 1679 .- The tenant may not sublet or assign the contract in any way without the consent of the lessor. The sublease will be subject to the requirements of the preceding article.
Section 1680 .- The landlord is obliged to deliver the ship with all its accessories, seaworthy and equipped with the necessary documents, and provide opportunities for all repairs due to force majeure or normal wear and tear of the ship, according to the agreed job.
Section 1681 .- The landlord will be responsible for damages resulting from defects of navigability, unless he proves to be a latent defect might escape a reasonable diligence.
Section 1682 .- The tenant will have the quality of owner and, as such, the rights and obligations thereof.
Section 1683 .- The tenant is obliged to use the ship as the technical characteristics of the same, according to documents issued by the national maritime authority and in accordance with agreed employment contract.
The violation of the provisions of this Article shall entitle the landlord to declare the contract terminated and the tenant demand compensation for damage he caused.
Section 1684 .- Lessee shall bear the provisioning of the vessel and expenses and repairs, other than those mentioned in Article 1680, which would result in the use thereof in the purpose specified in the contract.
Obliged also to repair the damage and damage caused by abnormal use or misuse of the ship.
Section 1685 .- Without the express consent of the owner, the contract shall be extended if, at maturity, the lessee continues in possession of the ship. But if the contract expires while the ship is traveling shall be considered extended until the termination.
If the tenant continues in fact to the possession of the ship shall be regarded as an operator for all legal purposes. Done during the tenure of the tenant must pay the landlord the amount stipulated in the contract increased by 50% will be also required to keep the thing properly without this end its obligation to reimburse.
If such excess is greater than one third of the time scheduled for the duration of the contract, the lessee shall indemnify all damages.
Section 1686 .- If the contract expires while the ship is traveling, the lease will be extended under the same conditions agreed to the termination of the trip, except when due to fault of the tenant, in which case it applies the provisions of the preceding article.
Section 1687 .- The actions prescribed under this contract in a year from completion or, as provided in Article 1685, since the restoration of the ship. In case of alleged loss of the ship, the limitation shall run from the date of deregistration.
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