Spanish Commercial Code - Book II - Contracts and Obligations in General - Part V - Transportation by Land, lakes, canals or navigable rivers

CODE OF COMMERCE OF SPAIN

Title V

TRANSPORT BY LAND, lakes, canals or navigable rivers

§ 1. Definitions and general rules

Article 166. Transportation is a contract whereby one undertakes for a price to drive from one place to another by land, canals, lakes or navigable rivers, passengers or goods of others, and deliver them to the person to whom they are directed.

It is called carrier who assumes the obligation to drive.

That makes driving water takes the name of employer or boatman.

Magazine called, the shipper or consignor to self or others responsible driving.

Consignee is called the person who sent the goods. A person can be both shipper and consignee.

The amount the shipper or, where appropriate, the consignee are required to pay conduction is called size.

The exercised by the industry to transport people or goods by employees and their dependents in our own vehicles or who are at your service, called transport entrepreneur, but sometimes run the transport itself.

Article 167. The transport part of both the lease and deposit services.

Article 168. Although transport imposes an obligation to do, which is obliged to lead people or goods may, under its responsibility, entrust the driving to someone else.

In this case, which originally has taken upon himself the obligation to conduct carrier retains its character with respect to the shipper who has tried, and takes on the character of the magazine that actually make the conduct of persons or goods.

Section 169. Transportation is terminable at will the charger before or after travel has commenced.

In the first case, the shipper pays the carrier in half, and the latter provided the entire carriage.

Article 170. It is also terminable on the part of both contracting by the supervenience of an event that prevents the journey, such as loss of purpose, a declaration of war, trade ban, interdiction of enemy troops roads or other similar events.

In either case the termination is carried out without compensation, and each party suffers losses in their preparations and the damage that causes termination.

Article 171. The provisions of this Title are binding to all sorts of carriers, whatever the name is commonly applied to them, even people who undertake occasional driving passengers or goods.

Article 172. There are private entrepreneurs and public employers of pipelines.

They are individual entrepreneurs who, exercising the industry driver, not the public have offered their services freely and are responsible for the conduct of persons and goods at agreed prices.

They are entrepreneurs who have announced public and open to the public establishment of pipes, and run on periods, the price and conditions prefixed their ads.

§ 2. The consignment note or letter guide

Article 173. It is called consignment document which the parties grant to establish the existence and conditions of the contract and delivery of goods to the carrier.

Article 174. Agreed contractors in the awarding of the consignment shall extend and sign in duplicate.

Article 175. The consignment note must state:

1. ° The name and address of the shipper, carrier and consignee;

2. ° The generic quality of the goods, their weight and marks and numbers of packages containing them;

3. ° The place of delivery;

4. ° The price of driving and the designation of the obligor;

5. ° The term should be delivery of the cargo;

6. ° The place, date, month and year of grant;

7. º The name and signature of the persons attending its execution, presuming that they represent the shipper and the carrier, and

8. ° Any other covenants or conditions agreed by the contracting parties.

Article 176. The consignment may be nominated, to order or to bearer.

Transferees endorsee or bearer bill of lading is subrogated to all rights and obligations of the shipper.

Article 177. The omission of any of the statements required by Article 175 does not destroy the evidentiary value of the consignment, and missed appointments may be filled by any kind of legal evidence.

Article 178. Not be admitted against the tenor of the bill of lading exceptions other than those of misrepresentation, omissions and inadvertent error.

Article 179. In the absence of bill of lading, delivery of the charge made by the shipper to the carrier can be justified by any evidence.

§ 3. Obligations and rights of the shipper

Section 180. The charger is required to deliver the goods to the carrier well appointed and the time and place agreed upon, and provide the necessary documents for the free transit or passage of the load.

Article 181. There being no bill of lading, set forth therein or the state of the goods, is presumed to have been delivered to the carrier healthy and in good condition.

Article 182. Not verify the delivery of the effects in time and place agreed, the carrier may seek to rescind the contract and payment of half the specified size, but if he preferred to carry out driving, the shipper must pay the increased costs will thereby incur the delay of delivery.

Article 183. The confiscations, fines, and in general all the damages sustained by the carrier for being devoid of the documents necessary for the expeditious passage of the goods shall be the sole responsibility of the shipper.

Article 184. Goods are transported to the risk of the shipper, the consignee or the person's character invistiere owner of them, and therefore will be of account losses and suffering damage during driving by accident or vice of the same goods, with these exceptions:

1. ° If an act or fault of the carrier contributed to the advent of any unforeseen circumstances;

2. ° If the carrier has not used all the diligence and expertise needed to cut or attenuate the effects of the accident which has caused loss or damage;

3. ° If the charge, conduct and preserve the goods has not put the diligence and care that the carriers usually intelligent and cautious.

Article 185. Even when the charger is not the owner of the goods, will suffer loss and damage them, provided that the wording of the bill of lading has conferred them a different quality generic really they have.

In no event shall the carrier be liable to shipper for loss or damage sustained by the effects that are not expressed in the consignment note, or claim that the purposes specified in the letter had a higher quality than that contained in it.

Article 186. Notwithstanding the provisions of the preceding Article, losses, failures or malfunctions will be the responsibility of the carrier, if it occurred for infidelity or misconduct on his part, without prejudice to the application of penalties for the crime.

Article 187. The charger can change the destination and consignment of the goods while they are on the way, if not been negotiated with the agent or other third party, and the carrier must comply with the order to this effect shall receive, provided by imparting be returned the duplicate of the waybill.

Fulfilling the order without this requirement, the carrier is liable for damages stating that the people affected by the change of destination or consignment.

Article 188. If the variation target necessary for the change of route or a longer trip and expensive, the shippers and carriers agree on the alteration shall be done in the specified size, and in default of agreement, the carrier fulfill its obligation to deliver the goods at the place designated by the contract.

Article 189. If the value of the goods is insufficient to cover the carrying and maintenance costs, and for this reason does not wish receive the consignee, the shipper must pay.

Article 190. The charger takes precedence over all the carrier's creditors to be paid the amount of compensation due to him because of delay, loss, fault or failure, the value of the animals, vehicles, boats, gear and other major instruments or accessories transport.

§ 4. Obligations and rights of the carrier

Section 191. The carrier is obliged to receive the goods at the agreed time and place to charge them according to the use of smart people, and to undertake and complete the journey within and along the way indicated by the contract.

The violation of any of the duties imposed on the carrier's liability for damages caused to the charger.

Article 192. There being no fixed term for loading the goods, the carrier must receive and lead on the first trip to undertake to place as may be intended.

Section 193. If not in designated route, the carrier may choose, having two or more, the one that best suits you, provided that the chosen path is directed straight to the point that must deliver the goods.

Article 194. The variation voluntarily agreed the route the carrier responsible for both losses, failures or damage, whatever the cause derived, and the fine have been stipulated.

Article 195. If after the trip has started an obstacle sobreviniere of force majeure, the carrier may cancel the contract or continue the journey as soon as the obstacle is removed by another route or the designee.

Selected termination, may deposit the load on the nearest location to your destination or return it to its origin, claiming the carriage in proportion to the path that walked there, both outward and back, unable to move under any circumstances full size.

If the route you take out longer and consuming the designee, the carrier is entitled to an increase in size, but if after the obstacle paved'll continue the journey along the route agreed upon, may not require compensation for the delay suffered.

Article 196. The carrier is responsible for all violations of laws, ordinances and regulations commits, both in the course of the journey as it enters the place of destination of goods.

Article 197. If the offense shall have been formally ordered by the shipper or consignee, the carrier will have recourse against them for liability that has been convicted.

Section 198. Hired a car to go vacuum the sole purpose of receiving goods at one place and bring them to the address of the shipper, the carrier is entitled to the size specified, but not do the driving, on the justification of the following facts:

1. ° That the charger or the Commission has not delivered the goods offered;

2. ° that despite their diligence has not gotten another burden to their place of origin.

Having taken charge on the return trip, the carrier may charge the original charger for the amount to be provided with the bearing cover it.

Section 199. The carrier is bound to the custody of the goods in the same manner as the depositary employee.

Article 200. The carrier's liability begins from the moment the goods are available or their dependents, and concludes with the presentation made to the satisfaction of the consignee.

Article 201. Transportation directly binding to the carrier for the named consignee must accordingly first to the second goods delivered, under penalty of damages, as soon as lodged with them to their destination.

The carrier has no personality to examine the validity of title to have the consignee to receive the effects recorded.

Article 202. If the consignment shall have been transferred or traded, delivery of goods will be the assignee, endorsee or bearer to you.

Article 203. If the indications of the bill of lading are insufficient to discover the consignee, or if it is absent from the place, or being present refuses to take delivery, the carrier deposit them in a place determined by the court of commerce on behalf of whom entitled to receive.

This deposit will not be made without the state of the merchandise is previously recognized and certified by one or three experts will choose the same court.

Article 204. Receiving boxed goods, baled, packed embarricadas or the carrier meets deliver the boxes, bales, barrels or bullets without any external injury.

In these cases the carrier may require the consignee openness and recognition of the packages in the act of receiving, and if he refuses or omits due diligence, the carrier shall be relieved by this fact alone, from all liability arising without fraud or infidelity.

Article 205. You are not required the carrier to deliver the goods by weight, for or measure, unless the express consignment that has received one of these forms.

Lapse even in this case the carrier's obligation, if the sender had put a surcharge or guardian of view to monitor the preservation of the goods.

Article 206. Stipulated a fine for delay damages, the consignee may make it effective by the mere fact of delay and without having to prove harm, deducting the amount of the agreed price.

Paying the fine does not relieve the carrier of the obligation to compensate the damages that the person in the arrival of the goods has sustained direct or immediate effect of the delay.

Article 207. The carrier is liable for the ordinary negligence in fulfilling the obligations transport.

It is presumed that the loss, damage or delay occurs because the carrier.

Article 208. Differences occurring between the carrier and the consignee about the status of the goods, or out of court shall appoint one or more experts that recognize and certify the results of its operation.

If the opinion of the expert or experts will not put an end to the dispute, the goods shall be deposited at the place designated by the court of commerce, and stakeholders will use their right as they see fit.

Article 209. In case of loss the carrier will pay the price of goods with the view of experts on the day and place where he must verify delivery.

The estimate will be subject to strict indications of the consignment.

Article 210. Damaged goods to the point of being useless for sale and consumption, the consignee may leave them on behalf of the carrier and hold their value in terms of the preceding article.

If the fault was produced only decrease in value of the goods, the consignee will receive them and charge the carrier the amount of impairment.

Found among the goods damaged some parts entirely unscathed, the consignee is obliged to receive them, unless they are of making up a game.

Article 211. Twenty-four hours after delivery of the goods, the carrier may charge the agreed freight and expense he has made to conserve them.

Non-payment may apply the deposit and sale hammer which considers sufficient to cover your credit.

The actions outlined in the preceding paragraphs shall be conducted under the summary procedure, without the scope of Article 681 of the Code of Civil Procedure.

However, be enforceable against the obligors in the consignment note stating the receipt of the merchandise ordered the number 1 of Article 216, when brought to their attention by judicial notice, it is alleged in this same act, or within three days, the materially falsified document or where, opposite the blemish, it is rejected by court order. This challenge will be processed as an incident and against the decision to refuse it not proceed to appeal.

The dispute as to who maliciously false document and that argument is rejected in the incident concerned shall incur the penalty of imprisonment in its minimum degree.

The consignment note showing the receipt of goods by the consignee shall be transferable by endorsement, the endorser in becoming jointly and severally liable for payment of the value set on it. The endorsement must contain the name and address of the endorser and endorsee and signature of the endorser, and perfected by the delivery of the consignment note.

Article 212. The effects that the carrier drive enjoys privilege to be paid in preference to all other creditors that the owner has, the size and expense he has made.

This privilege is passed from one carrier to another until the last check delivery.

Article 213. Cesa the privilege of the carrier:

1. O If the goods have satisfied the third holder of legal title after three days of delivery;

2. ° If within one month from the date of delivery, the carrier has not used his right.

Article 214. The carrier's liability for loss, embezzlement and failures, lapses:

1. ° On receipt of the goods and payment of freight and charges, unless any of these acts to be executed under the powers reserved.

The exchange of the original consignment of test delivery of the goods and payment of freight and expenses;

2. ° If the consignee receives the package showing outward signs of faults or breakdowns, and not in the act protestare use of his right;

3. ° If theft or damage being noted at the time of opening the packages, the consignee fails to make a claim within twenty-four hours after receipt;

4. ° For the six months prescribed in shipments made within the Republic, and a target year in foreign territory.

In case of loss, prescription begins to run from the day it should have been accomplished driving, and the fault from the date of delivery of goods.

Article 215. The provisions of the preceding article refers exclusively to the responsibilities from the mere act or fault of the carrier.

Those born of fraud, infidelity or criminal, only extinguished by the deadlines established by the Criminal Code.

§ 5. Obligations and rights of the consignee

Article 216. The consignee, as well as the obligations are correlative to the rights of the carrier has the following:

1. ° The granting to the carrier in the consignment note, bill of goods that it will deliver them, indicating the venue and date of delivery and the name of the consignee or the recipient on your behalf, although such references are different from those expressed in this document. It is presumed that the consignee is an adult who receives his name merchandise, on the grounds stated for it in the waybill.

2. º The pay, if any, postage and expenses immediately after the deadline set in Article 211.

Article 217. The consignee is responsible to the shipper compliance with its obligations as a commission agent or any other authorizing him to receive on their own or charger ported goods.

Article 218. The consignee has correlative rights to the obligations of the shipper and carrier, but in no case may force him to take delivery conducted in payment of postage or expenses owed.

§ 6. Special rules relating to public transport entrepreneurs adjusted

Article 219. The public transport entrepreneurs are subjected not only to the provisions of this Title, but also to the regulations issued to regulate the exercise of their industry.

Article 220. The contract of carriage of passengers or goods is defined under the conditions set containing the regulations and company announcements, without prejudice to the parties' right to add other according to circumstances.

Article 221. Drivers of carriages or horses, the station masters and skippers and passengers can receive effects during the trip, and getting them to the respective employer impose any obligations relating to the carrier.

Having in transit offices for the reception and registration, only they will allow passengers to travel and receive cargo.

Article 222. Employers are required:

1. ° To keep records in order to settle the money progressive numbers, effects, cases, bags and packages that lead;

2. ° to give the passenger seat tickets, and provide receipts or knowledge of the objects that are bound to drive;

3. ° To undertake and conclude their trip in the days and hours to fix your ads, even when not all seats taken, nor have the effects needed to complete the load.

Article 223. Employers should make entries in their records without the request of the traveler or shipper, even when he resists it.

Section 224. Regarding the contents of the packages, boxes or drawers, whoever he is, the passenger or shipper is obliged to declare a verbal request from the employer or its agents or factors.

Section 225. Passengers are not required to do night record bags, suitcases or bags that do not pay according to the usual size, but if they deliver to drivers in the moments of the game, employers are obliged to restitution.

Article 226. In case of loss of objects given to the entrepreneurs, their agents or factors, the passenger or shipper must prove delivery and amount.

Article 227. If the test is impossible or insufficient to determine the value of lost property, it will defer the oath to the passenger or shipper on this single point.

After the oath, the judge prudently amount to be paid by employers by way of compensation, attended the class and morality of the claimant, his pecuniary ability and the special circumstances of the case.

Article 228. Employers will not be responsible for money, jewelry, documents or effects that contain valuable chests, boxes or packages transported, if at the time of drop off passengers or shippers have not declared their content.

Article 229. Paper tickets that provide entrepreneurs with clauses limiting their liability to a certain amount, not exempt from compensation to passengers and shippers, in accordance with the preceding articles, which qualify to have suffered losses.

Article 230. If within six months after completion of travel for passengers or shippers claimed on non-ported objects, the court has ordered trading the deposit pursuant to Article 203, give notice of the existence of the cash deposited to the intendant of the province send them to sell in the hammer and put your liquid product in the treasury on behalf of the person concerned to claim them.

Article 231. Not the property owner to claim the price recorded within one year from the date of sale will be applied to the Treasury.

Article 232. The provisions of this paragraph does not supersede the law of Railway Police.