SPANISH COMMERCIAL CODE
Title X
THE PRESCRIPTION
Section 1246. The actions for the collection of passenger and freight, including accessories, prescribe within six months.
That
period shall run from the obligation had it been unenforceable under
the respective provisions of the parties or laws governing the matter,
and failing that, from the end of the journey to collect the ticket and
the date of the termination delivery of the goods at the destination or
the date in which they were delivered, as appropriate.
Section 1247.
The action to declare a general average, the prescribed period of six
months from the date of delivery of goods or since the trip is
terminated.
In turn, the action
to demand payment of the contribution prescribed in six months has been
reported since the issuance of the liquidation of the general average.
But when this has been challenged their legitimacy, will run for six
months following termination of the appellant court.
Section 1248.
Prescribed in two years, all other actions that the obligations
referred to in this book, which they have not been designated a special
term.
Section 1249. The statute of limitations shall include:
1. ° In charter contracts:
a) If a bareboat or time from the date of expiration of the contract or discontinuance of its execution, and
b) In the case of a voyage charter, from the date of their term, or from the date the contract has been terminated or rescinded.
2.
° In the shipping contracts, from the day of completion of delivery of
the goods by the carrier, or part thereof, or if no delivery from the
end of the last day that should have been delivered.
However,
the person found liable may bring the action replay that product, even
after the limitation period expired. The Commission shall have a period
of six months counted from the date on which the claim voluntarily
satisfied or has been convicted by a final sentence to pay under an
action brought against him.
3. ° The contract of passage:
a)
In the actions of damages and damages for injury to a passenger or for
loss or damage to luggage, from the date of disembarkation of the
passenger;
b) If a passenger's death occurred during transportation from the landing due date;
c)
If death occurs after the landing, but because of injuries sustained
during carriage, from the date of death, but the total term to exceed
three years, counted from the landing.
The
limitation period of two years for actions that are mentioned in the
three letters above shall apply whether the action is based on a
contract or tort of the carrier or their dependents, and
d)
The payment of compensation for termination of the passage, within six
months counted from trip cancellation or from the events that impede its
implementation or continuation.
4. ° In the event of collision, the period is counted from the date of accident.
However,
the statute of limitations is three years if the ship could not be held
responsible or defendant while he was in the waters under national
jurisdiction, for having abandoned after the collision without calling
at any port of the Republic.
5. ° In charge of rescue services, the period is calculated from the day the respective operations were completed, and
6.
° The term of limitation for action lies with the shipowner, the owner
or operator to repeat the other beneficiaries of the aid, only run when
it has been ordered to pay court of a firm or have voluntarily paid the
remuneration or compensation services assistant.
Section 1250.
May be interrupted the limitation period on written statement of the
person to whom run, but will begin running again as of the date of the
last statement.
Comentarios