Spanish Commercial Code - Book III - Maritime Navigation and Trade - Title II - Ships and Naval Artifacts Navy Property
Article 826. Nave is the whole main building, designed to sail, regardless of their class and size. Naval
craft is anyone who, not being built for sailing, water plays in the
functions of complementary or supporting the maritime, river or lake or
resource extraction, such as docks, cranes, fixed or floating rafts or
like. Not included in this concept the port works but is admitted to the
water.
Article 827.
The concept includes both the ship hull and the machinery and fixed
or movable property that complement it. Does not include weapons,
victuals, or freight incurred.
Article 828.
The ship is a chattel, subject to the rules set out in this book and
other special laws. Failing that, the provisions of common law on the
property.
Article 829. The ship retains its identity, even if the materials that are or are successively changed his name.
Article 830. The registration of ships in Chile is governed by the rules of the Navigation Act.
Should
be recorded regardless of their registration registration of any
document by a charge, transfer, convey, declare, modify or extinguish a
property right over the ship and any other limitation on the domain that
falls on it, under penalty of being unenforceable to any third party,
except as stated in the Law of Navigation.
The
natural or legal person whose name is inscribed with the ship in the
respective registration record
shall be presumed regular holder of it, unless proven otherwise.
shall be presumed regular holder of it, unless proven otherwise.
§ 2. Naval property
Article 831. In addition to the acquisitions of established common law, ownership or control of a ship can be purchased as follows:
1. ° For the insurer, in the case of abandonment validly accepted;
2.
° For the person who commissioned its construction at the time
indicated by the respective contract or by which he builds for himself,
and
3. ° for the seizure, according to the rules of international law.
Article 832.
The transfer of larger ships by inter vivos and the constitution of
real rights over them, shall be by deed when they occur in Chile.
Acts
and contracts for smaller vessels, shall be in writing and the
signatures of the contracting parties be authorized by a notary.
For the classification of ships and naval greater or less it will be as available to the Navigation Act. The
acts and contracts that are executed abroad shall be governed by the
law of the place of execution. However, the transfer of title and the
constitution of real rights may have effect in Chile shall include, at
least in written instruments whose signatures are authorized by a
minister of faith and also be entered and recorded in the respective
registers in Chile.
Article 833.
If the ship was sold being in travel, belong entirely to the buyer
freight than that earned on the trip, since you received your last
shipment. But if at any time of sale the ship reached its destination, freight belong to the seller. The parties, however, may provide various modalities.
Article 834.
The voluntary non-judicial sale of the ship made inside or outside
the Republic, including all responsibilities concerning it.
Article 835.
The foreclosure sale of a ship, whether voluntary or forced, will be
in the form and with the formalities set out in the Code of Civil
Procedure for the judicial sale of real estate. To
auction the ship will be required prior appraisal, which is made by an
expert appointed under the rules of the Code of Civil Procedure, and
will be applicable as appropriate, the provisions of Articles 486 and
487 of the Code mentioned. The
announcements of the auction shall be published in a journal of where
they followed the trial, or a movement in the respective region if it
does not exist. The notices are also published in a journal of the port
of registry of the ship. But if one of those papers out of circulation
in both places, shall be sufficient only publications in that journal.
Article 836. The acquisition of a ship prescription is governed by the rules on property.
Article 837. The ownership of vessels is not a society but a community that is governed by the rules of common law.
Article 838. The provisions of this title shall also apply to the naval, whether fixed or floating, as they are relevant.
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