Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Title VII - the tank - Chapter I - General - From: Section 1170 to: 1179 Art
COLOMBIAN COMMERCIAL CODE
TITLE VII
TANK
CHAPTER I
Overview
Section 1170 .- The deposit paid is by nature commercial. The remuneration of the custodian shall be
the contract or, failing that, according to custom and, failing that, by experts *.
* Modified. Code of Civil Procedure.
Article 427 .- Modified. Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal process will be processed in accordance with the procedure set forth in this chapter, the following issues:
...
Paragraph 2. Because of its size:
...
12. Those provided for in Articles 175, 519, 940 second and third paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170, and 1364 of the Commercial Code and any other matter that the order code resolved by summary proceedings or incidental self processing.
Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:
...
Paragraph 2. Because of its size.
The business of small claims and referred to in paragraph 2. Article 427 which are of the same amount.
Section 1171 .- The depositary shall be liable to slight negligence in the custody of the thing. It is presumed that the loss or damage due to fault of the depositary, which shall try the cause strange for free.
Section 1172 .- The depositary may not use the thing deposited or give it to another tank without the consent of the depositor, except when authorized by customary or necessary for the preservation of the thing.
If urgent circumstances compels him to guard the thing otherwise than agreed, you should report immediately to the depositor.
Section 1173 .- When you deposit a sum of money as security for the fulfillment of an obligation, the depositary is only obliged to make restitution in excess of the deposit on what the debtor to pay because the secured claim.
Section 1174 .- The thing given deposit shall be refunded to the depositor when he claimed, unless there is a fixed-term interest of the depositary.
The depositary may, for cause, return the thing before the agreed deadline. If there is no fixed term, the repository you want to restore the thing you must notify the depositor with a reasonable advance, depending on the nature of the thing.
The restitution of the thing is that of fruit and accessories.
Section 1175 .- When there are several depositors of things and disagree on its return, it must be done in the manner prescribed by the judge.
The same rule applies when the depositor happen several heirs, if the thing is not divisible.
When there are several holders, the depositor may demand the return to that or those with the thing. The depositary must immediately report required the fact to others.
Section 1176 .- If things are deposited in the interests of third and it has communicated its agreement to the depositor and the depositary can not undo the thing without the consent of the third.
Section 1177 .- The depositary may retain the thing deposited to secure payment of sums owed liquid the depositor directly related to the deposit.
Section 1178 .- Unless otherwise agreed, the return of the thing must be in place that should guard. The costs of restitution are borne by the depositor.
Section 1179 .- In the deposit of fungible things the depositor may agree with the depositary that will restore things the same kind and quality.
In this case, without cease the obligations of the depositary will become the property of things deposited.
the contract or, failing that, according to custom and, failing that, by experts *.
* Modified. Code of Civil Procedure.
Article 427 .- Modified. Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal process will be processed in accordance with the procedure set forth in this chapter, the following issues:
...
Paragraph 2. Because of its size:
...
12. Those provided for in Articles 175, 519, 940 second and third paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170, and 1364 of the Commercial Code and any other matter that the order code resolved by summary proceedings or incidental self processing.
Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:
...
Paragraph 2. Because of its size.
The business of small claims and referred to in paragraph 2. Article 427 which are of the same amount.
Section 1171 .- The depositary shall be liable to slight negligence in the custody of the thing. It is presumed that the loss or damage due to fault of the depositary, which shall try the cause strange for free.
Section 1172 .- The depositary may not use the thing deposited or give it to another tank without the consent of the depositor, except when authorized by customary or necessary for the preservation of the thing.
If urgent circumstances compels him to guard the thing otherwise than agreed, you should report immediately to the depositor.
Section 1173 .- When you deposit a sum of money as security for the fulfillment of an obligation, the depositary is only obliged to make restitution in excess of the deposit on what the debtor to pay because the secured claim.
Section 1174 .- The thing given deposit shall be refunded to the depositor when he claimed, unless there is a fixed-term interest of the depositary.
The depositary may, for cause, return the thing before the agreed deadline. If there is no fixed term, the repository you want to restore the thing you must notify the depositor with a reasonable advance, depending on the nature of the thing.
The restitution of the thing is that of fruit and accessories.
Section 1175 .- When there are several depositors of things and disagree on its return, it must be done in the manner prescribed by the judge.
The same rule applies when the depositor happen several heirs, if the thing is not divisible.
When there are several holders, the depositor may demand the return to that or those with the thing. The depositary must immediately report required the fact to others.
Section 1176 .- If things are deposited in the interests of third and it has communicated its agreement to the depositor and the depositary can not undo the thing without the consent of the third.
Section 1177 .- The depositary may retain the thing deposited to secure payment of sums owed liquid the depositor directly related to the deposit.
Section 1178 .- Unless otherwise agreed, the return of the thing must be in place that should guard. The costs of restitution are borne by the depositor.
Section 1179 .- In the deposit of fungible things the depositor may agree with the depositary that will restore things the same kind and quality.
In this case, without cease the obligations of the depositary will become the property of things deposited.
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