Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title I - Ships and Property - Chapter I - Ships - From: Section 1432 to: 1457 Art
Section 1432 .- vessel means any principal or independent construction, suitable for navigation and meant for her, whatever its propulsion system.
Paragraph 1 .-
The floating structures not included in this definition shall be known
as naval, but these activities are regulated by this book, you apply the
rules. Paragraph 2 .- The competent maritime authority will make the appropriate classification of ships, from the technical point of view and use.
Section 1433 .- There are two classes of ships: The larger ships, whose tonnage is or exceed twenty-five tons and small vessels, whose record does not reach the indicated tonnage.
For all purposes is considered the net tonnage of registration, unless otherwise stated.
The tugs are regarded as units larger boats.
Section 1434 .- The fittings of the ship and identify with it, for legal purposes, all gear and utensils for the service permanently and indispensable for its use, vehicle documents, spare parts and provisions constitute constant and necessary reserve of the ship.
Section 1435 .- The ship is a universal piece of furniture made, subject to the derogation provided for in this Code.
Section 1436 .- The ship retains its identity even though the materials are on the form changed.
Broken and rebuilt the ship, even with the same materials, shall be esteemed as new.
Section 1437 .- All vessels registered in Colombia, a Colombian national, and therefore must fly the flag of Colombia.
The ships of maritime port captain enroll in Colombia.
The rest, as they have the relevant regulations.
Section 1438 .- In order to register a ship shall meet the following requirements:
1.
When the vessel is newly built and the applicant is the builder shall
submit certificate from the competent maritime authorities stating that
the license granted to build or test referred to in the article below. The manufacturer may make the request for himself or a third party;
2.
If the applicant is someone other than the constructor, will also
present the deed containing the title of which derives its right. This deed will be recorded only in the port captain that is going to register the ship, and
3. If the ship is registered, it shall comply with the provisions of article 1445.
Paragraph 1 .-
register a newly built ship will require certification of the captaincy
of the port where the shipyard is to be built, that is free of
mortgage. If any such tax shall be entered in the respective registration.
Paragraph 2 .- The shipbuilding contract, despite its commercial nature, shall be governed by the rules of the Civil Code.
Section 1439 .- To register a vessel previously registered in a foreign country shall be accompanied, besides the title that certifies the applicant's property, in accordance with Articles 1427 and 1442, a certificate of cancellation of the foreign registration and proof of delivery material from the ship. Section 1440 .- The registration is subject to the technical requirements by the regulations of the maritime authority and to make it be returned to the harbor master certified copy of the deed, bound to the protocol of the captaincy.
Section 1441 .- In each port captain will be a registration book in which shall be recorded, also acts aimed rights over the ships and the liens and lawsuits related to them. It will also carry the protocol, under Title IV of Decree Law 960 of 1970, which incorporate all documents and proceedings relating to ownership and other real rights on ships. The certificate of registration with the inclusion of all of this, proof of nationality of the ship.
Section 1442 .- The ownership of vessels registered in a foreign country or constructed, will be tested by the means established by the legislation of the country concerned, the documents shall be authenticated in accordance with Colombian law.
Section 1443 .- The ownership of the ships can be purchased through the means established by law. For the purpose of acquisition by prescription, the terms of the Civil Code are reduced by half. The master, officers and crew of the ship may not acquire the domain by prescription.
Section 1444 .- The domain of a ship can be purchased in case of abandonment in accordance with Articles 1737 et seq.
Section 1445 .- The traditional domain of a ship shall be registered by canceling tuition at the alien and the issuance of a new registration to the purchaser, who will accompany your application proof of their right, in addition, must be accredited prior delivery of the ship. If the ship is not in registered, tradition enrollment will be done by the acquirer, compliance with the requirements indicated in the preceding paragraph.
Section 1446 .- In case of voluntary transfer, the domain of a ship is transferred to the purchaser without prejudice to the privileges and property rights established. In the corresponding act of alienation is inserted a list of the privileged debts and mortgage affecting the ship, provided by the seller, who do not will be considered bad faith.
Section 1447 .- The sale of a ship can be challenged by creditors on the terms and requirements set forth in this Code and the Civil Code.
Section 1448 .- Reported mastering the craft while it is traveling, the purchaser will receive benefits and bear the loss resulting from the same trip, unless otherwise agreed. The ship is considered traveling from the moment the captain obtained from the respective port captain permission to sail until his arrival at next port.
Section 1449 .- All fees Colombian ship may be arrested at any port in the country by creditors whose claims have any maritime lien, and also by those who are mortgages. Creditors may only be common though as is in the port of registration. Be competent judges of where under this article must be freezing, but not only for himself but to know the appropriate implementation process.
Section 1450 .- The foreign ship anchored in the Colombian port may be attached by reason of any lien or any other claim which is made in Colombia.
Section 1451 .- seize a ship, the judge shall, before notifying the respective car, the captain of the port of registry for registration. Rendered providence and sequestration, although not enforceable, the ship can not sail, unless you provide a real guarantee, bank or insurance company, credit equal to twice the defendant, without interest or costs, or exceed any case the limit specified in Article 1481, to ensure their timely return. The ship has been authorized to sail, but can not be hijacked for obligations incurred in order to equip and supplies for the trip.
Section 1452 .- The hijacking of a ship shall be effected by delivery to a kidnapping, which may be the master of it, after complete and detailed inventory of all items, conducted with assistance from the owner or master. Objections will be processed under the Code of Civil Procedure.
Section 1453 .- The ship may be arrested or private debt topped by one of the co-owners, but may be seized and auctioned share in it belongs to the debtor.
Section 1454 .- The auction of a ship will take place in accordance with the requirements of the Code of Civil Procedure, but it is also announced by bill-posting in conspicuous places of the ship, the captain of the port of registration and in the place where they are present.
Section 1455 .- The owner of any foreign ship arrives at port, you must have a shipping agent accredited to the country. The shipping agents ships will be representatives of the owners or operators, for all legal purposes.
Section 1456 .- It shall be conclusive evidence of ownership and other real rights on buildings, as well as liens or mortgages on them and weigh the existence of litigation over such rights, certificates issued by the captain of the port of registration, prior examination of it.
Section 1457 .- The enrollment of a Colombian ship will be canceled:
Paragraph 2 .- The shipbuilding contract, despite its commercial nature, shall be governed by the rules of the Civil Code.
Section 1439 .- To register a vessel previously registered in a foreign country shall be accompanied, besides the title that certifies the applicant's property, in accordance with Articles 1427 and 1442, a certificate of cancellation of the foreign registration and proof of delivery material from the ship. Section 1440 .- The registration is subject to the technical requirements by the regulations of the maritime authority and to make it be returned to the harbor master certified copy of the deed, bound to the protocol of the captaincy.
Section 1441 .- In each port captain will be a registration book in which shall be recorded, also acts aimed rights over the ships and the liens and lawsuits related to them. It will also carry the protocol, under Title IV of Decree Law 960 of 1970, which incorporate all documents and proceedings relating to ownership and other real rights on ships. The certificate of registration with the inclusion of all of this, proof of nationality of the ship.
Section 1442 .- The ownership of vessels registered in a foreign country or constructed, will be tested by the means established by the legislation of the country concerned, the documents shall be authenticated in accordance with Colombian law.
Section 1443 .- The ownership of the ships can be purchased through the means established by law. For the purpose of acquisition by prescription, the terms of the Civil Code are reduced by half. The master, officers and crew of the ship may not acquire the domain by prescription.
Section 1444 .- The domain of a ship can be purchased in case of abandonment in accordance with Articles 1737 et seq.
Section 1445 .- The traditional domain of a ship shall be registered by canceling tuition at the alien and the issuance of a new registration to the purchaser, who will accompany your application proof of their right, in addition, must be accredited prior delivery of the ship. If the ship is not in registered, tradition enrollment will be done by the acquirer, compliance with the requirements indicated in the preceding paragraph.
Section 1446 .- In case of voluntary transfer, the domain of a ship is transferred to the purchaser without prejudice to the privileges and property rights established. In the corresponding act of alienation is inserted a list of the privileged debts and mortgage affecting the ship, provided by the seller, who do not will be considered bad faith.
Section 1447 .- The sale of a ship can be challenged by creditors on the terms and requirements set forth in this Code and the Civil Code.
Section 1448 .- Reported mastering the craft while it is traveling, the purchaser will receive benefits and bear the loss resulting from the same trip, unless otherwise agreed. The ship is considered traveling from the moment the captain obtained from the respective port captain permission to sail until his arrival at next port.
Section 1449 .- All fees Colombian ship may be arrested at any port in the country by creditors whose claims have any maritime lien, and also by those who are mortgages. Creditors may only be common though as is in the port of registration. Be competent judges of where under this article must be freezing, but not only for himself but to know the appropriate implementation process.
Section 1450 .- The foreign ship anchored in the Colombian port may be attached by reason of any lien or any other claim which is made in Colombia.
Section 1451 .- seize a ship, the judge shall, before notifying the respective car, the captain of the port of registry for registration. Rendered providence and sequestration, although not enforceable, the ship can not sail, unless you provide a real guarantee, bank or insurance company, credit equal to twice the defendant, without interest or costs, or exceed any case the limit specified in Article 1481, to ensure their timely return. The ship has been authorized to sail, but can not be hijacked for obligations incurred in order to equip and supplies for the trip.
Section 1452 .- The hijacking of a ship shall be effected by delivery to a kidnapping, which may be the master of it, after complete and detailed inventory of all items, conducted with assistance from the owner or master. Objections will be processed under the Code of Civil Procedure.
Section 1453 .- The ship may be arrested or private debt topped by one of the co-owners, but may be seized and auctioned share in it belongs to the debtor.
Section 1454 .- The auction of a ship will take place in accordance with the requirements of the Code of Civil Procedure, but it is also announced by bill-posting in conspicuous places of the ship, the captain of the port of registration and in the place where they are present.
Section 1455 .- The owner of any foreign ship arrives at port, you must have a shipping agent accredited to the country. The shipping agents ships will be representatives of the owners or operators, for all legal purposes.
Section 1456 .- It shall be conclusive evidence of ownership and other real rights on buildings, as well as liens or mortgages on them and weigh the existence of litigation over such rights, certificates issued by the captain of the port of registration, prior examination of it.
Section 1457 .- The enrollment of a Colombian ship will be canceled:
1. When purchasing enrollment in another country prior Government approval;
2. When you surrender the right of ownership of the vessel in contravention of the provisions in Article 1458;
3. When requested by the owner, cause or ordered by competent authority, for legal reasons;
4. When this happens the loss is duly established;
5.
When the captain of the port of registry is fully established
unjustified disappearance of the ship, having completed six months from
the date of the last sailing of the Colombian port, without having any
notice of it, if These ships propelled by mechanical or twelve months in
the ships of other navigation system;
6. In making voluntary scrapping of the ship, but is built with the same materials;
7. By pleading under conditions of absolute unseaworthiness, and
8. On the court decision in the country or abroad, if it were legally recognized in Colombia.
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