Spanish Commercial Code - Book III - Maritime Navigation and Trade - Title IV - Subjects of Navigation and Maritime Commerce

SPANISH COMMERCIAL CODE

Title IV

SUBJECT IN NAVIGATION AND MARITIME TRADE

§ 1. The owner or operator

Article 882. Owner or operator is the person or entity, whether or not the owner of the ship, which exploits and issues on their behalf.

It is presumed that the owner or part owners of the ship are their owners, unless proven otherwise.

Operator is the person without the owner's quality, by virtue of a mandate it executes its own name or that of his client contracts for transportation or other operation of ships, bearing the consequent responsibilities.

The shipowner and shipping terms are understood to synonyms.

Article 883. The person or entity to assume the operation of a ship owner should make declaration to the authorities in the port of enrollment. This statement shall be recorded regardless of their registration in the Registration. When it ceases in that capacity, shall request the cancellation of such entry. Failing that, these statements will make the owner of the ship.

Failure to make such declaration, the owner and the owner jointly liable for the obligations arising from the operation of the ship.

Article 884. Legal persons having the status of owners will be governed by the rules of this Book, whatever their nature.

Article 885. The shipowner's liability for its acts or personal facts, or resulting from acts of its employees, occurring on land not subject to the provisions of this Book and will be governed by the rules of common law.

Article 886. The operator responds in the manner prescribed by this Book and the Navigation Act, the obligations of the master concerning the ship and the expedition. Answer also in the same way, for compensation to third parties for the acts of the captain, officers and crew.

Article 887. The owner does not respond in the following cases:

1. ° If the facts prove that the captain, officers and crew are outside the ship or the issue;

2. ° If it pursues this responsibility accomplice or partner regardless of the facts of the master, officers or crew;

3. ° In the case of acts committed by the captain in his capacity as representative of public authority, and

4. ° In the cases expressly provided in this book or other laws.

Article 888. The shipowner may limit his liability by contract, except where prohibited by law.

Article 889. The shipowner may also limit their liability in the following cases:

1. ° By the death or injury to any person on board the ship for transport and losses, losses or damages to property they are also on board;

2. ° By the death or injury caused by any person for whose acts the shipowner is responsible, whether it is or not on board the ship.

If the deceased person is not situated on board, his actions must necessarily be related to the operation or operation of the craft, or the loading, transport or unloading of goods transported;

3. ° for loss, shortage or damage to other goods, including loading, caused by the same quality of people, motives, places and circumstances indicated in the preceding number, and

4. ° For any obligation or liability resulting from damage caused by a ship, to the works of ports, docks, harbors and waterways.

Article 890. The duties and responsibilities for raising, removal, destruction or rendering harmless of a ship is sunk, wrecked, stranded or abandoned, including uploading or other things that are or have been on board the same, including the damage to the environment shall be governed by the Navigation Act and do not apply the provisions of this paragraph.

Article 891. The limitation of liability of the shipowner may be implored by their dependents in cases and the reasons provided by law, unless it is proved that the damage was caused by an act or omission on their part, made with intent to cause damage or injury or recklessly and in circumstances which may be assumed that they had knowledge that the damage would probably result.

Article 892. The act of invoking limitation of liability, regardless of recognition of it.

Article 893. The provisions of this paragraph relating to limitation of liability do not apply:

1. ° A credit for aid or contribution in general average, and

2. ° A credit of the master, officers and crew members, or any other dependent of the owner or operator of the ship is on board or whose functions relate to the service herself, and that arising from their employment rights.

Article 894. If the owner of a ship is entitled to assert a claim against his creditor for damages resulting from the same starting at offset the respective appropriations and the provisions of this paragraph shall apply only to the difference proves.

Article 895. The sums to which the shipowner may limit his liability as provided in this paragraph shall be calculated according to the following values:

1. ° In respect of claims relating to death or injury:

a) For ships whose tonnage is up to 500 tons, 333,000 units of account and

b) For vessels with a tonnage exceeding 500 tons, the amount set forth below for each section, more of that in the previous paragraph:

- Over 500 tons to 3,000 tons, 500 units of account per tonne;

- Over 3,000 tons to 30,000 tons, 333 units of account per tonne;

- Over 30,000 tons to 70,000 tons, 250 units of account per tonne and

- For each ton in excess of 70,000, 167 units of account.

2. ° For all other claims:

a) For ships whose tonnage is up to 500 tons, 167,000 units of account and

b) For vessels with a tonnage exceeding 500 tons, the amount set forth below for each section, more of that in the previous paragraph:

- Over 500 to 30,000 tons, 167 units of account per tonne;

- Over 30,000 to 70,000 tons, 125 units of account per tonne and

- For each ton in excess of 70,000, 83 units of account.

The limitation of this article does not include the liability in the contract of passage, which is governed independently by the rules given about him in Paragraph 5 of Title V of this book.

Article 896. When the amount calculated in accordance with the rules of number 1. Of the preceding article is insufficient to fully satisfy the claims of life or injury, the unpaid balance of these concur with the claims referred to the number 2. No. article. In this case, that balance will concur on an equal footing with the claims mentioned in that number 2. °.

Article 897. When the same facts nevertheless have responsibilities to the owner, for which he has the right to limitation under the rules of this Book, and also those facts nevertheless have responsibilities for which the owner also has the right to limit liability in accordance to the provisions of Title IX of the Navigation Act, and we resolved to make use of these rights must be the number of separate funds as appropriate, so that neither the funds nor the credit to be confused with each other.

Article 898. If prior to the distribution of the bottom of the ship owner has paid all or part of the loans referred to in Article 889, shall be entitled to occupy the place and order of the creditor in the distribution of the fund, but only to the extent that creditor would be entitled to compensation from the shipowner.

If the owner proves that at some future date may be required to pay all or part of the loans referred to in Article 889, the competent court may order, at the request of the owner, to reserve a sum sufficient to enable the appellant asserting, eventually, their rights against the background under the conditions established in the previous paragraph.

Article 899. To determine the limit of liability of an owner, referred to in this paragraph, a vessel of less than 500 tonnage, it is considered that tonnage.

Article 900. The tonnage is the basis for calculating the limitation is the gross tonnage determined under the procedure laid down in the International Convention on Tonnage and its annexes, in force in Chile.

Article 901. All liability insurer for claims subject to limitation under the preceding rules shall be entitled to enjoy this benefit as much as the insured.

Article 902. The limitation of liability referred to in this paragraph can also be invoked by the owner of the ship, its operator, the carrier or the ship owner, when a person or entity other than the owner, or their dependents or the captain and crew members on the actions taken against them.

If demand two or more people who use the disclaimer, the fund should be to not exceed the amounts set forth in the preceding articles.

Article 903. When addressing an action against the master and crew members, they may limit their respective liability even when the event giving rise to the action was caused by his own fault, unless it is proved that the damage results from an act or omission thereof, made with intent to cause damage or recklessly and in circumstances which may be assumed that they had knowledge that would probably result.

But if the master or crew member are both owner, co-owner, carrier, ship owner, owner or operator, you can only rely on the limitation when at fault in his capacity as captain or crew member.

Article 904. The value of the unit of account referred to in Article 895, be determined by the equivalence be the date on which the fund is established for the limitation, the payment is made or warranty constitutes the competent court may impose, as appropriate.

§ 2. Captain

Article 905. The captain is the chief of the ship responsible for its governance and management and is vested with the authority, powers and duties as set forth in this Code and other laws relating to the captain.

In the performance of his duties, is empowered to perform the technical, professional and trade are proper.

Article 906. Unless otherwise agreed or provided by law, the captain of a ship is always chosen by the shipowner.

Article 907. The captain is the legal representative of the owner of the vessel or the owner, if any, and as such represents them in court and liabilities. This is without prejudice to the representation that corresponds to the ships agent who cares. In addition to factor in shipping, is representative of chargers for the purpose of conservation of charge and outcome of the expedition.

Article 908. The captain of the ship is responsible for order and discipline on board, and shall take the necessary measures to achieve these objectives.

Article 909. The captain, even if you have an obligation to employ the services of pilotage, will always be directly responsible for the navigation, security, operations and governance of the ship, without prejudice to the responsibilities of the pilot practical or poor advice. The captain's authority is subordinate to that of these under any circumstances.

Article 910. Shall be the duty of the captain preferred monitor in person the government of the ship's arrival and departure ports, or for navigation on rivers, canals or dangerous areas, but is on board the pilot or pilot.

Article 911. The duties, powers and responsibilities are established for the captain in this book and the Navigation Act, apply to any person who assumes or performs the command of a ship of any kind, within the constraints that determine such legal bodies.

Article 912. The captain must keep on board the log or blog and other books and documents required by laws, regulations and customs of maritime trade, they must settle on data and facts that the same rules prescribe.

Shall also have custody, the instruments that record data related to navigation and commercial exploitation of the ship.

Article 913. The book logbook or logbook has the value of a public instrument, provided that the entries in the pattern bearing the signature of the officer on duty and are endorsed by the captain of the ship.

These entries should not contain spaces or erasures or alterations.

However, annotations can also be affixed by mechanical or electronic, provided that they ensure the fidelity and permanence of the information provided.

Article 914. The duties of the captain, among others, whether we meet in person or by members of the crew or ground personnel under his authority, the following:

1. ° Verify that the ship is in seaworthy condition before their departure and throughout the expedition;

2. ° Comply with all laws and regulations, maritime, health, customs, police, labor and others that are applicable;

3. ° supervise everything related to the stability of the ship and cargo, loading and unloading thereof;

4. ° Provide partial receipt of goods that are loaded, extending at the time, knowledge and relevant documents, if he could claim;

5. ° Use the services of a pilot when the law, regulation or the good sense to do so;

6. ° Practice corresponding entries in the receipts and knowledge of failures, losses or damages observed in the load or causing the preparation thereof;

7. • Give immediate notice to the owner, the first means at their disposal, or retention of any embargo affecting the ship, and take the steps recommended for maintaining it, and the load and provide the due attention to passengers;

8. ° Celebrating with the permission of the owner or his agent, charter contracts or freight. Other acts or contracts relating to the ordinary management of the ship and the normal development of the trip, you can do alone;

9. ° represent legally the owner in case of his absence or his agent, to preserve their rights and take the actions which come within the ship and the expedition;

10. Provide assistance and relief to which it is bound by law or custom, and

11. Protest accidents or damages suffered the ship or cargo, or any act that might compromise their responsibility of the ship, its owners and landlord of the expedition as a whole.

Article 915. The captain has, on behalf of the carrier, the custody of the cargo and any effects you get on board, and is obliged to care for their proper handling in loading and unloading of good stowage and securing of custody and conservation and its proper delivery to the destination port.

All this in the terms prescribed in other provisions of this Book, subject to the rules on limitation of liability of the carrier contained in it.

Article 916. If during the course of the voyage and in port where there is no agent of the owner, made necessary repairs or purchase of equipment and the circumstances or the distance from home owner's do not allow asking for directions, the master may perform the aforementioned acts, noting log it in the book.

§ 3. Agents

Article 917. General agents are natural or legal persons acting on behalf of a foreign ship owner with the character of commercial agent.

Ship agents or consignees of vessels are people, Chilean natural or juridical, which act either on behalf of the owner, the owner or master of a ship and on their behalf, for all acts or representations concerning the care the ship at the port of consignment.

Stevedoring agents or stevedoring are people, Chilean natural or juridical, who performed in full or partial mobilization of cargo between ship and port facilities or ground transportation and vice versa.

Article 918. The relationship between the agent and its constituents shall be governed by the provisions of the respective contracts, and failing or lack of an express agreement, we will apply the law on commercial mandate.

Article 919. Agent can only act as whoever is registered as such before the maritime authority in the form and manner determined by the relevant regulations for each of the categories defined in Article 917.

Nevertheless, the owners will not require national register with ships agents to act as such, to their own ships in the ports that have established office.

Article 920. The mandate to act as agent in the cases referred to in this paragraph may be made up by a public or private, telegram, telex or any other suitable means.

Article 921. The general agent, in his capacity as such, is entitled to represent his client in contract freight and charter. You can also designate the agent in respect of vessels operating your principal.

Within the scope of its powers, and as to the functions listed in Article 923, may only perform those listed in numbers 2. °, 9. And 10.

Article 922. The ships agent, simply by applying the attention of a ship, means vested with sufficient representation for all subsequent purposes, subject to credit his appointment in one of the forms stipulated in article 920.

Agent ships with the authorities make the necessary arrangements for the arrival and departure of a ship or from domestic port, is representing the owner, owner or captain, for all purposes and responsibilities that flow from the attention of the ship .

When the ships agent has requested the attention of a ship, may be preferred by the maritime authority to anyone else who submitted retrospectively, with special mandate or not, except as provided in Article 924 and without prejudice to the responsibilities that incurs against the owner, operator or captain of the ship.

The ships agent also has enough representation to sue, actively or passively, the master, owner or operator of the ship it represents, in all that relates to their exploitation.

Article 923. Without prejudice to the agent representing the ships to the authorities, he, on behalf of the owner, operator or master, may provide either directly or through third parties, one or more of the services relating to the care of the ship in port, such as:

1. • Receive and assist upon arrival at a port, the ship that have been allocated;

2. ° Prepare, as necessary, conscription and expedition of the ship, practicing the appropriate steps to provide and assemble everything properly as appropriate;

3. ° take all steps necessary to obtain release of the ship;

4. ° Practicing the steps necessary to comply strictly with the provisions, decisions or instructions emanating from any state authority in the exercise of its functions;

5. ° To provide the assistance required by the captain of the ship;

6. ° recruit staff for the care and operation of the ship in port;

7. ° receive the goods for landing, in accordance with the relevant documentation;

8. ° Attend and supervise the loading and unloading tasks, including loading and unloading of goods;

9. • Receive bills of lading and deliver the goods to their recipients or custodians;

10. Sign as representative of the master, or who are operating commercially ship, bills of lading and other documentation, and

11. In general, perform all acts or transactions relating to the attention of the ship at the port of entry, without prejudice to the specific instructions that confer its constituents.

Article 924. The captain, owner or operator may appoint as its agent a person other than the consignee of a ship, when the latter was appointed by the charterer, in accordance with the powers of the charter agreement.

The officer so appointed is known as a protective agent and shall also have adequate legal representation to sue, actively or passively, by themselves, provided that written evidence of their appointment.

However, his appointment will not alter the responsibility of the ship agent appointed by the charterer.

Article 925. The ship agent is not liable for the obligations of his principal. However, will his liability to the maritime authority under the law and without prejudice to that affect their own actions or those of their dependents.

The ships agent, in his first requesting the attention of a ship to the authority of the port of arrival, you must indicate the address of the owner. In the event that they did not comply with this obligation or will provide false information maliciously, the agent will personally respond ships obligations incurred by him on behalf of his client.

Article 926. Agent stowage and unloading represent his client to the maritime and port authorities in general and may provide the following services:

a) stevedoring and other ancillary tasks in loading or unloading of ships and floating structures;

b) Loading and unloading of containers within the port premises within and

c) In general, all acts and procedures specific to the mobilization of cargo between ship and ground transportation and vice versa, including the intermediate operations to be carried out in the port facilities and ships in port or the tour, such as blocking and stacking, horizontal and vertical movement, or storage tanks.