Spanish Commercial Code - From The Article 1. Until Article 781.

SPANISH COMMERCIAL CODE

Preliminary Title

GENERAL PROVISIONS

Article 1. ºThe Commercial Code governs the obligations of the merchants relating to commercial operations, which people do not contract traders to ensure compliance with trade obligations, and those arising from commercial contracts only.

Section 2. ºIn cases that are not specifically addressed by this Code, the provisions of the Civil Code.

Section 3. ºAre acts of trade, as part of both contracting and part of one of them:

1. ° The purchase and exchange of personal property, made with the intention to sell, exchange or lease in the same way or in another, and the sale, exchange or lease of these same things.

However, there are acts of trade or exchange the purchase of ancillary items to complement the main operations of a non-commercial industry.

2. ° The purchase of a commercial establishment.

3. ° The lease of furniture made with the intention of subletting.

4. ° The committee or commercial mandate.

5. ° companies factories manufactures, warehouses, shops, bazaars, inns, cafes and other similar establishments.

6. ° The land transport companies, rivers or waterways.

7. ° The companies deposit of goods, supplies or supplies, business agencies and hammers.

8. ° The public entertainment businesses, subject to police measures to be taken in to the administrative authority.

9. ° The insurance premium land, even those who claim goods transported by canals and rivers.

10. Operations on bills of exchange, promissory notes and checks on the order documents, whatever their cause and purpose and the people who take part in it, and remittances of money from one place to another made under a contract change.

11. The operations of bank, exchange and brokerage.

12. The stock trades.

13. Construction companies, hull, purchase and sale of vessels, gear and supplies.

14. Owners associations.

15. The expeditions, transportation, storage or shipping consignments.

16. Chartering, insurance and other contracts relating to maritime trade.

17. The facts that produce obligations in cases of failures, wrecks and salvage.

18. The conventions on wages purser's captain, officers and crew.

19. The contracts of shipping lanes, pilots and seamen Coleman to service ships.

20. Construction companies of real estate by adhesion, such as buildings, roads, bridges, canals, drains, industrial facilities and other similar nature itself.

Article 4. ºThe customs trade supply the silence of the law when the facts that are uniform, public, usually executed in the Republic or in a particular locality, and repeated over a long period of time will be assessed by the courts prudently trade .

Article 5. ºThere is no evidence to the court of commerce who know an issue between parties to the authenticity of the custom is invoked, it can only be tested by any of these ways:

1. ° For an authentic testimony of two judgments, asserting the existence of custom, have been rendered therein;

2. ° For three deeds prior to the events that led the trial to be doing the test.

Article 6. ºThe commercial customs will rule to determine the meaning of words or phrases trading techniques and to interpret events or business conventions.

BOOK I

MERCHANT AND TRADE AGENTS

Title I

THE RATING OF THE MERCHANTS AND THE TRADE REGISTER

§ 1. Qualification of traders

Article 7. ºThey are traders who, having capacity to contract, they trade their usual occupation.

Article 8. ºThere is a merchant who accidentally runs an act of commerce, but is subject to trade laws as to the effects of the act.

Article 9. ºRepealed.

Article 10.When the children of family and children who manage their own money professional under the authorization conferred on them by sections 246 and 439 of the Civil Code perpetrate an act of commerce, are bound to the extent of his own money and subject to the laws of commerce.

Article 11.She married merchant governed by the provisions of Article 150 of the Civil Code.

Article 12.Repealed.

Article 13.Repealed.

Article 14. The wife will not be considered as a trader if you do not trade separately from her husband.

Article 15.Repealed.

Article 16.A divorced woman and goods can be traded separately prior to registration and publication of the divorce decree and separation or marriage contracts, where appropriate, and subject also, if they are under eighteen years, the rules concerning children in care.

Article 17.Repealed.

Article 18.The smaller retailer can stand trial alone on all matters relating to trade.

Article 19.Contracts entered into by persons who are prohibited by law from engaging in business, do not produce action against the contractor can, but give this right to sue his election invalid or enforcement of them, unless it is proved that proceeded in bad faith.

§ 2. Commercial Registry

Article 20.At the head of each department shall maintain a register in which all documents recorded under this Code should be subject to registration.

Article 21.The rules and formalities relating to registration of the trade organization, the duties and functions of the clerk in charge of it and the form and solemnity of registration, shall be determined by special regulations.

Title II

OBLIGATIONS OF MERCHANT 

§ 1. Registration of documents

Article 22.The register of trade will extract and reason in order of numbers and dates of the following documents:

1. ° From the marriage, the covenant of separation of property referred to Article 1723 of Civil Code, solemn inventories, wills, deeds of partition, award decisions, deeds of gift, sale, exchange or other of Like her husband authenticity impose any liability on behalf of women;

2. ° from the judgments of divorce or separation of assets and settlements made to determine the species or amounts that the husband should give his wife divorced or separate property;

3. ° From the evidence of any assets of the child or ward who is under the authority of a parent or guardian;

4. ° From the writings of society, be it collective or anonymous en commandite, and appoints members to the manager of the company in liquidation, -

5. ° From the powers that grant them their merchants or dependent factors for the management of their businesses.

Article 23.Taking account of the documents specified in the preceding Article shall make every merchant made within a period of fifteen days, as appropriate, from the date of issuance of the document subject to registration or from the date on which the husband parent or guardian to-carry trade.

Article 24.The charter and the powers that it has been taken to reason, not be binding between partners or between principal and agent, but acts done or contracts made by members or agents shall be fully effective with third parties.

§ 2. Commercial accounting

Article 25.Every merchant is obliged to keep accounts and correspondence to:

1. ° The journal;

2. ° The ledger or accounts;

3. ° The book balances;

4. ° The letter book of letters.

Article 26.Books must be taken in Spanish.

Article 27.The journal shall be entered in chronological order and day to day business operations running the merchant, stating in detail the nature and circumstances of each.

Article 28.Taking cash book and invoices, may be omitted in the paper detailed the seat of both the amounts that shall cover the purchases, sales and shipments of goods to the merchant doeth.

Article 29.By opening its business, all merchants will be in the book balances a statement estimate of all their property, both movable and immovable, and all its assets and loans.

At the end of each year in this book will be an overall balance of all its businesses under the responsibilities set out in Book IV of this Code.

Article 30.Retail traders keep a bound book, wrapped and numbered, and he settled daily purchases and sales made on credit as much cash.

In this book form at the end of each year a balance sheet of all the operations of their business.

Trader is considered less than that typically sells direct to consumers.

Article 31.Merchants are prohibited from:

1. ° Alter-seat order and date of the transactions described;

2. ° Leave the body of white seats or following them;

3. ° Make the lines, scratches or amendments in the same seats;

4. ° Clear seats or part thereof;

5. ° Boot leaves, altering the binding and foliatura and maul some of the books.

Article 32.Errors and omissions were committed to make a save on another seat again on the date on which notice the lack.

Article 33.The merchant who hides one of his books, be so ordered the exhibit will be judged by the entries in the books of which they would be arranged litigant without admitírsele proven otherwise.

Article 34.The books suffer from the defects mentioned in Article 31 does not have value in court for the merchant to whom they belong, and the differences that occur with another trader for commercial events will be decided by the books of it, if they are arranged to the provisions of this Code and bringeth not proven otherwise.

Article 35.Trade books carried in accordance with the provisions of Article 31 are to be trusted in the commercial traders causes stir together.

Article 36.If the books of both parties are in disagreement, the courts will decide the issues that occur on merit that provide other evidence that has been surrendered.

Article 37.If one of the litigants offers room and go through what it consists of books of his opponent, and he refuses to display them without sufficient grounds in respect of the Commercial Court may be the same courts defer the oath to the extension that has required display.

Article 38.The books are to be trusted against the trader who takes them, and will not be permitted which tends to destroy evidence that would result from their seats.

Article 39.The faith of the books is indivisible, and the litigant who accepts the seats in favor of the books of his opponent will be forced to go through all the utterances containing them adverse.

Article 40.The ledgers are no evidence at trial regardless of the requirements of Article 25, but if the owner of it's been lost without their fault, they will test those books provided they have been taken in order.

Article 41.You may not make inquiries by the court to inquire whether or not traders have books, or whether they are fixed to the requirements of this Code.

Article 42.The courts can not of its own motion or upon application, the manifestation and general recognition of the books, except in cases of universal succession, community property, liquidation of companies and bankruptcy law or agreement.

Article 43.The exhibition part of the books of one of the litigants may be issued upon application or ex officio.

Verified display, recognizing and validating be executed in the place where books take longer presence of the owner or the person that the commissioner, and shall be limited to seats that have a necessary connection with the matter agitare, and accurate inspection to establish that the books have been taken with the regularity required.

Only judges are competent to verify trade recognition of the books.

Article 44.Traders shall keep the books of their business until the end of every point the liquidation of its business.

The same duty burden on their heirs.

§ 3. Correspondence

Article 45.Merchants must leave the letter and complete copy of all letters we wrote about business of their business in the book for this purpose.

Article 46.The cards are placed on the letter book about after other without being white, and keeping the order of their dates.

Article 47.The courts of commerce can, ex officio or at the request of a party, the exhibition of the original letters that relate to the matter in dispute, and order books compulsive respective those of the same class that have led litigants.

In either case predesignated and determines the cards to be displayed or copied.

Title III

CORRIDOR

Article 48.Brokers are public officers empowered by law to dispense mediation employed traders and facilitate the completion of their contracts.

Article 49.In the squares of commerce may designate the President of the Republic will be a fixed number of brokers, provided its population and the extent of its traffic.

The number will be determined by special regulations.

Article 50.Runners shall be appointed by the President of the Republic on the three candidates of the courts of commerce.

In districts where there are two or more courts before which commercial matters, the proposal made by the man that is on duty at the time of the creation of the plaza or vacancy.

Article 51.To form the slate trade courts convene contest, and people who want to take part in it must demonstrate a consistent manner the legal and moral fitness, and possession of the knowledge required for the accurate performance of the functions of broker.

Article 52.Before entering the exercise of its functions, the brokers provide to the respective trade court oath to perform faithfully and loyally the office, and will pay a bond to respond to utter condemnations against them for acts relating to the performance of their profession .

Article 53.The bond brokers is one to five coats.

The President shall designate the bail amount depending on the importance of places of commerce where the runners are to carry out their duties.

Article 54.If in any case get to court news trading broker's bond is diminished or exhausted, he'll order it replaced within thirty days and if the broker fails to do so, it shall declare the destination.

Article 55.They can not be brokers:

1. Those who are prohibited from trading;

2. ° All children age twenty;

3. Those who have been dismissed from this position;

4. Those who have been sentenced to imprisonment afflictive or infamous.

Article 56.Brokers are required to:

1. ° A reply to the identity of the people who hire you through them and ensuring their legal capacity.

Intervening in people unable contracts, be liable for damages that may result directly from the disability.

2. ° to run their own negotiations entrust to them.

3. ° to keep track bound with numbered pages, which settled the day, the order of dates, consecutive numbering, unscratched, line spacing, footnotes, abbreviations or numbers, all purchases, insurance, loans to thick, charters, and in general all transactions executed through it.

Unable to do for themselves the seats, will be allowed to run under its responsibility, through a subsidiary, and provided initialed in the margin.

4. ° A manual bring a book in which list the names and addresses of the parties, the matter of the contract and conditions that may have been held.

The seats will be in the act of adjusting operations.

Always advised to negotiate bills of exchange, must establish its dates, terms and maturities, the squares that are turned on, the names of the drawer, endorsers and paying for the last donor and borrower, and the exchange agreed between them.

5. ° A collection of trade documents transferor who have negotiated and delivered to the policyholder, who will bring the price to the assignor.

6. ° to give each of the stakeholders, within twenty-four hours following the conclusion of business, a statement signed by them and by the interested parties who have the seat checked at registration. This statement signed by the parties of the contract is authentic.

7. ° A manual registration and submit to the courts or arbitrators, as may be required for this purpose.

Article 57.Brokers are prohibited from trading operations run on your own or take an interest in them, under their own name or that of another, directly or indirectly, and also play in trade the office of cashier, bookkeeper or assistant, whatever the name to take it.

Article 58.They are also prohibited:

1. Right to demand and receive higher wages than those designated in the respective duties;

2. ° Give certifications on facts not contained in the seats of their records.

State may, however, by order of competent court and not otherwise, which would have seen or understood in any business.

Article 59.Runners who do not comply with their obligations under this Code, or who carry any of the acts they are prohibited, may be suspended or dismissed from his office at the discretion of the courts of commerce.

Article 60.The records of the runners do not prove the truth of the contract to which they refer, but the parties are in agreement about the existence of it, it will be to determine the nature and conditions which consist of the same records.

Article 61.The minutes that they deliver to their customers and make themselves mutually, in cases where two or more runners concur with the conclusion of the commission of various business people, make evidence against the broker that subscribes.

Article 62.The books of the brokers to cease their trade will be collected by the clerks of the courts of commerce and deposited with the Registrar.

Article 63.The responsibility of brokers because of the operations of his office prescribed in two years from the date of each of these.

Article 64.Bankruptcies brokers are presumed fraudulent.

Article 65.Runners are not required to personally enforce contracts entered into by mediation or guarantee the creditworthiness of its customers, except as otherwise provided in this Code regarding the negotiations of public securities.

Article 66.Special regulations, issued by the President of the Republic shall establish the rights of brokerage.

Article 67.Brokers charge of buying or selling Treasury bills are personally liable to pay the purchase price or make delivery of the interest sold, and if any are allowed except for lack of provision.

Article 68.Under the name of public purposes are understood:

1. ° the credits against the state recognized as negotiable;

2. ° The public establishments and private companies authorized to create and circulate them;

3. ° The securities issued by foreign governments, provided that the negotiation is not prohibited.

Article 69.Who has employed a broker to buy or sell treasury bills only action against the broker who has been employed.

Article 70.The broker can not make the sums received by him to buy Treasury bills or the price I will give those sold by him, with the amounts owed by his client, buyer or seller.

Article 71.The broker is responsible for the authenticity of the last signature of the documents will negotiate.

This responsibility ceases when the parties have dealt directly with each other and the broker has been involved in the negotiation as a mere intermediary.

Article 72.It is also responsible for the legitimacy of the bearer treasury bills, negotiated through them. But if the documents have no outward and visible signs by which to establish their identity, is not responsible.

Article 73.The broker involved in the sale of goods is obliged:

1. ° to express the quality, quantity and price of the thing sold, place and time of delivery, and how the price to be paid;

2. ° To assist the delivery of which may have been sold with his speech, provided that the effect required by any of the contractors.

Article 74.The broker does not guarantee the quantity of goods sold or quality, even when they not conform with the samples which has shown to the buyer, except in case of bad faith.

Article 75.The broker can not sue in his name the price of goods sold through it, and claim for nonpayment.

However, if the broker to act as broker will be subject to all obligations and can carry out any rights arising from the contract.

Article 76.The nature of an intermediary does not disable the broker to perform the functions mandated by the seller and get to be the price of goods sold through it.

Article 77.The broker who your customer service effected a trade document endorsed with the cash value received clause, means constituted agent to the effect of receiving the price and validly deliver to the buyer.

Article 78.In insurance, the functions of the runners are:

intervene in the realization of the marine insurance contracts or river, drafting policies to prevent the public notaries, authorizing executed between the parties and previously certified premium rates for all journeys by sea, rivers and waterways.

In the seats we made in accordance to number 3. Of article 56, expressed the names of the contractors, the insured, the value it has fixed the place of loading and unloading, the premium stipulated, the name of ship, registration, flag and bearing, and the name of the captain to send him.

Article 79.In the maritime brokerage runners must enter in the record that speaks the number 3. Of article 56 charter contracts that intervinieren expressing the names of the master and charterer, name, flag, registry and tonnage of the ship the port of loading and unloading, freight, loading effects, stays and the deadline agreed to begin and end load.

They must also keep a copy of the letters of the charters set through them.

Article 80.Only qualified riders will have the character of public officials. However, the broker may exercise any person who is not included in any of the prohibitions laid down in Article 55.

Title IV

THE AUCTIONEERS

Arts. 81-95. Repealed.

BOOK II

OF COMMERCIAL CONTRACTS AND OBLIGATIONS IN GENERAL

Title I

GENERAL PROVISIONS

§ 1. The constitution, form and effect of contracts and obligations

Section 96.The requirements of Civil Code on obligations and contracts are generally applicable to commercial businesses, save the modifications set forth in this Code.

Section 97.For the verbal proposal of a business the bidder imposes the obligation in question are required to be accepted in the act of being known by the person who directs, and the absence of such acceptance, the proposer is free of any.

Article 98.The proposal made in writing must be accepted or rejected within twenty-four hours if the person has been directed resides in the same place as the proponent, or by return, if he has another different.

Once the periods indicated, the proposal will not be made, even when it has been accepted.

In case of untimely acceptance, the proposer will be required, under the responsibility of damages, to give prompt notice of his withdrawal.

Article 99.The proponent can repent in the average time between submission of the proposal and acceptance, to make it unless there are committed to waiting for a reply or not to dispose of the contract, but discarded after or after a specified term.

Repentance is not presumed.

Article 100.The timely retraction requires the proponent's obligation to pay the expenses that the person to whom was referred the motion has made, and the damages it has sustained.

However, the proponent may be exempted from the obligation to indemnify, fulfilling the proposed contract.

Article 101.Given the answer, if it approves the proposal outright, the contract is at once refined and produces all its legal effects, unless the answer given before the withdrawal occurs, death or legal incapacity of the proponent.

Article 102.Conditional acceptance will be considered as a proposal.

Article 103.The tacit acceptance has the same effect and is subject to the same rules that express it.

Section 104.Stakeholders residing in different places, means held the contract for all legal purposes, the residence which has accepted the original proposal or the amended proposal.

Article 105.The offers contained in circular indeterminate, catalogs, notes from current prices, prospects, or any other kind of print ads, are not mandatory for making them.

Targeted ads to specific people, always have the implicit condition that while demand has not been disposed of effects offered, they have not been altered in its price, and they exist in the address of the offeror.

Article 106.The contract proposed by the intermediate runner shall be perfect from the moment in which the parties simply accepts the proposal.

Article 107.The giving of a deposit does not matter reserve the right to repent of the contract and perfect, unless otherwise stipulated otherwise.

Article 108.The offer to leave or return the earnest bent contractors does not relieve the obligation to fulfill the perfect contract or pay damages.

Article 109.Upon completion of the contract or compensation paid, the deposit will be returned, regardless of the party who has refused to fulfill the contract.

Article 110.In computing the periods of days, months and years, shall follow the rules contained in Articles 48 and 49 of the Civil Code, unless the law or the Convention provide otherwise.

Article 111.The obligation expires on Sunday or other holiday is payable to the next.

The same rule applies to obligations maturing on Saturday each week and December 31 of each year.

Article 112.Are not recognized terms of use that differ from grace or the obligations beyond the period stipulated by convention or law.

Article 113.All acts concerning the execution of contracts in a foreign country and cumplideros in Chile are governed by Chilean law, in conformity with what is prescribed in the final paragraph of Article 16 of the Civil Code.

So the delivery and payment, the currency is to be carried, the measures of all kinds, receipts and form, the responsibilities imposed by the lack of compliance or imperfect compliance or late, and any other act on the mere execution the contract must be arranged with the provisions of the laws of the Republic, unless the contracting parties have agreed otherwise.

Article 114.Whenever the contracts set forth in the first paragraph of the previous section provides that the payment is made in the currencies or the place where legal measures were celebrated, these will be reduced by agreement of the parties, or the opinion of experts, currencies or legal action in Chile at the time of fulfillment.

The same rule applies when the contracts in Chile estipulare the delivery or payment is to be done in steps or foreign currencies.

Article 115.When the parties relating to unauthorized actions by law, shall be binding on those used in the place where the contract is to be performed.

Article 116.If before the expiration of the period is excluded from circulation of coins to be covered by the obligation, the payment will be made in the currencies while current performance of the contract as the legal value which they they have.

Article 117.The creditor is not obliged to accept payment before maturity of the obligation.

Article 118.No person, except the Treasury, its departments and other public institutions, state enterprises and the Central Bank of Chile, is required to receive payment and once more than fifty pieces of each type that was minted in the country.

Currencies cut, drilled, corroded or damaged in any way not visible coinage, will lose their legal tender status .-

Section 119.A debtor who pays has the right to demand a receipt, and is not obliged to be content with the return or surrender the title of the debt.

The receipt proves the debt relief.

Section 120.The settlement of an account will assume the previous ones, when the dealer who issued it manages its accounts in fixed periods.

Article 121.A creditor who has several performing loans against a debtor, may offset the payment to any debt when the debtor has not made the allegation at the time of making payment.

Section 122.The merchant who receives a settlement paid or given consideration, does not lose the right to request correction of errors, omissions, or other vices duplicate items contained therein.

Article 123.Repealed.

Article 124.Repealed.

Article 125. If documents were given in payment to the bearer, innovation will cause the creditor to receive has not made formal reserves its rights in the event of not being paid.

Section 126.No termination for cause of injury huge in commercial contracts.

§ 2. Test contracts and obligations

Section 127.The private writings which are consistent with the books of the traders make their date on faith of others, even outside the cases listed in Article 1703 of the Civil Code.

Section 128.The evidence of witnesses is admissible in mercantile business, regardless of the amount required amount in question to prove, except where the law requires public write access.

Article 129.The Commercial Court may, in the circumstances of the case, admitting testimony even if it alters or adds the contents of the deeds.

Title II

FOR SALE

§ 1. Of the thing sold

Article 130.In the sale of something you have to look at and is designated at the time of contract only by its species, it is understood that the purchaser reserves the right to try.

This provision does not extend to the things you usually buy to taste.

Article 131.When the buyer of a thing in sight expressly reserves the test without fixing term to make the purchase is deemed verified under facultative condition precedent for a period of three days.

This term is counted from the day that the seller requires the buyer to verify the test, and if the buyer does not so within him, he shall withdraw.

Article 132.Whenever the thing sold is of the view that it is customary to buy the taste, the test subject is assumed, and this test involves the condition precedent if the thing be healthy and fair quality.

Article 133.If the contract simultaneously determines the kind and quality of the thing sold before it is understood that the purchase has been made under the condition precedent that things casual is the kind and quality agreed.

If at the time of giving the thing that has been the subject of the contract, the buyer claimed that his kind and quality are not satisfied with the kind and quality stipulated, the matter will be recognized by experts.

Article 134.The purchase order of a thing designated only by their species, and that the seller must send to the buyer, part of it implies the right to terminate the contract if the thing be not as healthy and regular.

As the thing designated by both the kind and quality, the buyer will also have the right to terminate the contract if the thing is not of the quality stipulated.

Having disagreement between the parties in the two cases proposed, order the thing to be recognized by experts.

Article 135.When the purchase was executed on samples, implies the condition to terminate the contract if the goods do not conform to prove the samples.

Article 136.Sold one thing for transport by land, sea, rivers or waterways, the buyer may terminate the agreement whenever the thing is not of receipt or the species and agreed quality.

Article 137.Purchased and issued by order the property sold under delivery conditions in place, means that the purchase has been verified under the condition precedent that things casual reaches its destination.

Fulfilled the condition, the buyer may not dissolve the contract, unless the thing is not of receipt or the species and quality stipulated.

Article 138.The purchase of a ship or other object does not exist and existing is not worth it.

But if such a purchase was made taking into account the risks to the item sold, the contract shall be considered pure if the seller knew to celebrate the loss of this object.

§ 2. Price

Section 139.No purchase if the contractors do not agree on price or how to determine, but if the thing sold was to be given, it is presumed that the parties have agreed to have the current price on the day and place where the contract was concluded .

Having diversity of prices on the same day, the buyer must pay the average price.

This rule also applies to the case in which the parties refer to the price you have the thing at a time and place different time and place of the contract.

Article 140.If the third party who is entrusted with the price signals do not indicate, whether for any reason, and the sold item been delivered, the contract will take effect for the thing that hath the day of celebration, and if price range, the average price.

Article 141.In the case of purchase of goods for the price that another offer, the buyer, the act of being required by the seller may or will introduce or abandon it. After three days without requiring the seller to the buyer, the contract is void.

But if the seller have delivered the goods, the buyer must pay the price than those we had the day of delivery.

§ 3. The effects of the sales contract

Article 142.The loss, deterioration or improvement of the thing, after a contract is, are the buyer, except if otherwise agreed, or the loss or damage occurred due to fraud or fault of the vendor or internal service the thing sold.

Section 143.Although the loss or damage occurring after the contract has come from accident, will be borne by the seller:

1. ° When the sold item is not true, and given a body, with marks, numbers or any other signs that establish their identity and distinguish him from another of the same species;

2. ° If having the buyer, by convention, usage or law, the authority to examine and test the thing, it perish or serious deterioration manifested before the buyer be happy with it;

3. ° When the goods and must be delivered by weight, count or measure, or perish before serious deterioration weighed, counted or measured, unless it was bought to the eye and a lump sum, or that the buyer incurred in default go to the weight or measure numbers.

This rule also applies to the sale of two or more alternative fungible to be offered by number, weight or measure;

4. ° Whenever the sale have been verified on condition not to give up the thing until a specified period, or until it is fit to be delivered under the terms of the contract;

5. ° If the buyer being willing to receive the thing, the seller incurs to deliver it in default, unless you also ought to perish to the buyer if he would have received;

6. ° If alternative obligations perish by chance one of the things sold.

Perishing the two, and one of them assume the seller, it must be the current price of the last who died, provided that appropriate choice.

If the choice not belong to the seller, and one of the things have perished by accident, the buyer will be satisfied with there, but if he has died because the seller may demand the surrender of the existing or the price of the lost .

§ 4. The obligations of the seller and buyer

Article 144.Perfected the contract, the seller must deliver the stuff sold in time and place agreed upon.

Not being mentioned deadline, the seller must have the goods sold to the purchaser within twenty-four hours following the conclusion of the contract.

A lack of designation of place for delivery, will be the place where the goods were perfect at the time of the sale.

Section 145.If the goods sold have not been individualized, the seller will meet its obligations by delivering quality healthy and regular.

Section 146.At the time of delivery the seller may require the buyer the full recognition of the quality and quantity of goods.

If he fails to make the recognition, be deemed to waive all further claim for lack of quantity or quality defect.

Section 147.If the average time between the contract date and time of delivery declined HAVE the powers of the buyer, the seller must deliver the thing sold, even when given time to pay the price, if not bail bringeth to give a satisfactory security.

Article 148.The shipment of the goods made by the seller to the buyer's home or any other place agreed, effective traditional care of them.

The shipment was not delivered when made involve non-transfer of ownership, as if the seller had sent the goods to a consignee in order not to deliver to the buyer to pay the price or provide sufficient collateral.

Section 149.The delivery of the thing sold is understood verified:

1. ° For the transmission of knowledge, waybill or invoice in case of sale of goods are in transit by sea or by land;

2. ° Because of the buyer to set his mark with the consent of the seller, the goods purchased;

3. ° For any other means authorized by the constant use of the trade.

Section 150.While the buyer does not remove and transfer the goods, the seller is responsible for their care and conservation to the fraud and gross negligence.

Section 151.While the goods to the seller, albeit by way of deposit, he may retain them until the full payment price and interest.

Article 152.If after the sale the seller perfected consume, alter, or otherwise dispose of and deliver to another goods sold, the buyer must give their equivalent in kind, quality and quantity, or else pay him its value in the opinion of experts, with compensation damages.

Article 153.Refusing the buyer, without just cause, the receipt of goods purchased, the seller may seek to rescind the sale and compensation for damages or payment of interest at the statutory price, making the goods available to the trade court to order filing and sale by the buyer hammer.

The seller may also request the deposit if the buyer who delay receipt of the goods and in this case will be borne by the ultimate costs of translation of the goods to deposit and preserve it.

Article 154.The seller is obligated to rectify the goods sold and respond containing hidden defects, according to the rules established in the Title Of the purchase of the Civil Code.

The rescission actions prescribed for a period of six months from the date of actual delivery of the thing.

Article 155.Putting the thing to the buyer, and giving it satisfied her, must pay the price at the place and time stipulated.

No term or place mentioned having to pay the price, the buyer must do so at the time and place of delivery, and may not require that it be made but at the price on the spot.

Article 156.Not giving the seller within the stipulated goods sold, the buyer may request enforcement or termination of contract, and in either case the repair of the damage it has sustained.

Section 157.The buyer will hire a whole a certain quantity of goods is not bound to receive a portion of them under the promise that they will give you the rest later.

But if the buyer accepts partial deliveries, the sale shall be consummated in the portions received, even if the seller fails to deliver the rest.

In this case the purchaser may compel the seller to comply fully with the contract or to compensate him for the damage that causes imperfect compliance.

Article 158.Delivered goods sold, the buyer will not be heard on quality defect or lack of quantity, if any, examined the delivery time and without prior recibídolas protest.

Article 159.When the goods were handed over in bundles or under cover to prevent their recognition, and we made a formal purchaser expressly reserves the right to examine, may claim the three days immediately after delivery of the faults of quantity or quality defect, crediting In the first case that the ends of the pieces are intact, and the second that faults or defects are of such kind that could not happen in your store by accident, and could not have been caused intentionally without appeareth traces of fraud.

Article 160.The buyer is entitled to require the seller to form and deliver a bill of goods sold, and put them at the bottom of the receipt of the full price or part which he was delivered.

Unclaimed against the contents of the bill within eight days following the delivery thereof, shall be deemed irrevocably accepted.

Title III

The permutation

Article 161.The permutation is qualified commercial and governed by the same rules that govern the sale, they are not in conflict with the nature of that contract.

Title IV

THE ASSIGNMENT OF GOODWILL

Article 162.The assignment of a non-endorsement is subject to the rules established in the Title of the transfer of rights of the Civil Code.

The notification shall be made in a minister of faith, exhibiting the respective title.

To give you a simple enough request of the transferee.

Article 163.A debtor who is notified of the assignment and have to raise defenses that are not given the title, you must present them in the act of notification, or within three days at the latest, failing which will not be accepted later.

The exceptions appear to view the document born of the contract or may assert against the assignee in the same way they would have opposed against the assignor.

Article 164.The transfer of documents to the order shall be by endorsement, and the documents to the carrier by mere tradition manual.

Article 165.The transfer of marketable Treasury bills will be made in the manner determined by the laws of its creation or the decrees authorizing their issuance.

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.

Title VI

BUSINESS MANDATE

§ 1. Definitions and classifications

Article 233.The trade mandate is a contract whereby a person responsible for the execution of a lawful business or trade to another who undertakes to administer free or for a fee and to report their performance.

Article 234.There are three species of commercial mandate:

The commission,

The mandate of the factors and young men or clerks,

The brokerage, that has already been addressed in Title III of Book I.

Article 235.The command takes the name of trade commission when one deals with commercial transactions or individually determined.

Article 236.The person who plays a fee called commission.

There are four classes of committees:

Brokers to buy,

Brokers to sell

Freight forwarders by land, lakes, rivers or waterways,

Brokers to perform banking operations.

This last class is on the contract title and bills of exchange.

Article 237.Factor is the manager of a business or industrial or commercial establishment, or part of it, directs or manages by prudence on behalf of his client.

Denomínanse employees or dependent youths junior trader has at his side for you help in various operations of their business, working under his immediate direction.

The client takes the name of principal with respect to their factors or dependents.

§ 2. General rules concerning the commission

Article 238.The commission may be granted by another person, and in this case the effects it produces only affect the third party and the commission.

Article 239.The commission is employed by nature.

Article 240.The commission does not end by the death of the client: their rights and obligations pass to their heirs.

Article 241.The principal can not revoke at will the commission accepted or the execution of interest to the commission or third parties.

Article 242.The resignation does not end the commission whenever the principal cause irreparable harm, either because they can provide for itself to the needs of the business role, either by the difficulty of providing a substitute for the commission.

§ 3. Provisions common to all types of commission

Article 243.The commission may accept or reject at will the charge that he does, but by refusing to be bound under the responsibility of damages:

1. ° to notify the client of its rejection on first down;

2. ° to take, until they get the notice to the principal, the conservative measures that the nature of business required, as are conducive to preventing the loss or damage to goods entered, the expiration of a title, a prescription or any other imminent harm.

Article 244.If after the client advised of the rejection shall not choose within a reasonable time, considering the distance, person subrogated the commission may ask the court this trade, the deposit of the merchandise consigned and sale of those considered sufficient for reimbursement of amounts it has advanced.

Article 245.Expressly or impliedly accepted the commission, the commission shall execute and finish it, and do so without legal cause, will respond to the principal of the damages that sobrevinieren.

Article 246.The commission is responsible for the custody of the goods on which the commission versa, whatever the purpose for which it has released.

Article 247.In no case may the commission to alter the brand effects without explicit authorization from the principal.

Article 248.The deterioration or loss of goods held by the existing commission is not your responsibility, if should occur by accident or by inherent vice of the same goods.

Damage or loss occurring because of the commission shall indemnify it fully to his principal for all damages that occurring.

This same liability shall be submitted by the commission, when the damage or loss caused by accident or by a defect in the thing be a consequence of their guilt.

Article 249.It is the duty of the commission in a legal way to record the impairment or loss of consigned goods and give notice to his principal without delay.

Article 250.The commission must promptly inform the interested all the news about the negotiations which are being commissioned that could lead to his principal to confirm, revoke or modify its instructions.

Article 251.The broker who, having received funding for an order to evacuate, the distracted for use in a business, pay the client the legal interest from the day they have entered their power such funds and shall also indemnify against loss resulting from the failure to comply with the order.

Also incur the penalties of breach of trust, and bankruptcy will be treated as fraudulent bankrupt.

Article 252.Commission is prohibited from pledging its own obligations goods that hath anything on consignment.

If contrary to this prohibition deliver them to your creditor, the customer may not claim them but by paying the secured debt to the amount concurrent value of the goods, unless the creditor proves that, on arrival, was informed that the commission did not belong.

The mere fact that the constitution of the pledge by the commission commits a breach of trust, and punishable under the Criminal Code.

Article 253.They are charged to the loan broker, leads and sales on credit, if that will do without the authorization of his principal, in which case it may require to be delivered in cash the amounts loaned, advanced or credit, leaving the broker's account contracts.

Article 254.The commission can act on its own behalf or on behalf of his constituents.

Article 255.The broker who works in his own name is obliged to personally and exclusively for people who hire him, even if the customer is present at the conclusion of the contract becomes known as interested in the business, that is common ground that this has been executed for your account.

Section 256.Can the Commission reserves the right to declare later on behalf of which person enters into the contract.

Made the statement, the commission shall cease all involvement, and the person appointed will be replaced retroactively to all rights and obligations under the contract.

Article 257.The customer has no direct action against third parties with whom the Commission has engaged in its own name, but may compel him to yield it has acquired the shares.

Section 258.The client can claim the third parties have contracted with the commission that the contract you own and takes upon himself compliance.

The statement in this case, leaving surviving the relations between the commission and others, constitute the principal guarantor of the contracts he has concluded his own name.

Article 259.If in doubt it is presumed that the commission has retained its name.

Article 260.Acting on behalf of the commission from his principal, it shall be obligated only for the third I will try with it.

The commission, however, retain the principal and third parties regarding the rights and obligations of commercial agent.

Article 261.The commission must play by the commission itself, and can not be delegated without express or implied permission of his principal.

Article 262.The foregoing prohibition does not cover the execution of those acts junior custom of the trade as are entrusted to dependents.

Article 263.Explicitly authorized to delegate, the commission must do so in the person who has appointed the principal.

If the designated person to enjoy while the replacement of the concept of fairness and solvency had at the time of designation, and the business be not pressing, you must give notice to his principal to provide what more shall agree to their interests.

If the business is urgent, make the replacement in another person's designee.

Article 264.It is understood that the commission has implied authority to delegate, when disqualified to act for itself and there is danger in delay.

Having not, prevented the commission shall give prompt notice of the impediment and wait for orders from his principal.

Article 265.The delegating its functions under explicit or implicit consent, not having the person designated by the principal, is liable for damages sobrevinieren to it, if the delegate were a person well capable and solvent, or to verify substitution altered in any way any form of commission.

Article 266.The delegation executed on behalf of the client terminates the commission on the commission.

Verified the delegation on behalf of the commission, the commission remains with all legal purposes, and is a new between the delegator and delegate.

Section 267.In all cases where the Commission will delegate commission shall give notice to his principal delegation and the delegate.

Article 268.The commission should adhere strictly to the performance of the commission orders or instructions received by him from his principal.

But if you believe that those doing them to the letter must be serious injury to his principal, it is their duty to stay the execution and give notice at first opportunity.

In no case may act against the express and clear his principal.

Article 269.In all cases not covered by the principal, the commission must consult and suspend the execution of his office while receiving new instructions.

If the emergency state of the business and does not result in any delay, or if we were authorized to act at its discretion, the commission may do as he dictates his prudence and be more in line with the practices and procedures of the traders understood and diligent.

Article 270.Only the client can claim the violation of any orders or instructions communicated to the commission.

Neither the commission nor the third parties who have contracted with them, may in no case avail himself of the infringement as a means of nullification.

Article 271.It prohibits the commission, except for formal approval, make contracts on behalf of two principals or self and others, always have to celebrate that represent conflicting interests.

This may not:

1. ° buy or sell on behalf of a client you have to sell goods or is charged with buying on behalf of another client;

2. ° buy themselves goods to their constituents, or purchase for them effects belonging.

Article 272.When the commission requires funding, and the client not been verified in sufficient quantity, the commission may withdraw your order at any time or suspend its execution, unless there is bound to anticipate the amounts necessary to the performance of the commission a particular form of reimbursement.

Article 273.It may also give the commission whenever the alleged value of the goods have not attained to cover transportation and receipt.

In this case the commission shall give prompt notice to his principal and ask for the legal deposit of the goods.

Article 274.The commission may require you to pay cash anticipations, current interest and costs, even if they have evacuated the business dutifully committed.

To use this right must submit your documents with supporting material.

Article 275.The commission is entitled to remuneration for her services competently.

If the parties have not determined the share of compensation, the commission may require that is in general use in the square where the commission played there, and failing that, used in the immediate term.

Not going well established usual fee, the trade court shall fix the amount to be paid to the commission, calculated on the value of the transaction, including expenses.

Article 276.Running any of the contracts mentioned in Article 271 with permission from his principal, the commission will receive only half the regular commission in the absence of express agreement.

Article 277.Commission revoked before evacuating the order, the customer will pay the broker a fee in proportion to the extent that it had executed the order received.

The remuneration may only charge the commission for work performed before reaching their knowledge of revocation.

Article 278.Out of his wages the broker can not receive any profit from the negotiation which he was entrusted.

Consequently, they must pay to his principal any direct or indirect benefit that obtains in the performance of its mandate.

Article 279.Evacuated negotiation functions, the commission is obliged:

1. ° to give immediate notice to his principal;

2. ° A place in the hands of it, as soon as possible, a detailed and justified in his administration, returning titles and other parts that the customer will have delivered, except letters letters;

3. ° to reimburse the client the remaining balance in favor of it, having to fend for it means that it has appointed principal, or failing that, any person who was commonly used in trade.

Article 280.Accounts that bringeth the commission shall be consistent with the seats of his books.

If not in agreement with them, the commission shall be punished as guilty of theft by false.

The same penalty incurred by the commission in their accounts to alter prices or conditions of contract, assume or exaggerate the costs he has made.

Article 281.The commission payable to his principal current interest, but not precede questioning, if delinquent in paying your account or remit the balance in the manner specified in Article 279.

Article 282.The risks of remission of the balance are charged to the client, provided that the commission's already been verified in the manner indicated by the number 3. Of article 279.

Article 283.Being delinquent on the surrender of his account, the broker may not charge interest on their anticipations of the day on which he incurred in default.

Article 284.The commission is entitled to retain the goods consigned to the preferred and actual payment for the advances, interest, costs and wages, occurring in these circumstances:

1st That the goods have been referred from one place to another;

2nd they have been delivered to the commission real or virtual.

Article 285.To determine if issuing from one place to another, do not take into account the client's home, or the commission.

Article 286.Actual delivery takes place when the goods are available to the commission in its warehouse or outside in customs warehouses or any other public or private.

There are virtual delivery if before the goods are at the disposal of the commission, certify that it MIGHT have been issued with a consignment note or knowledge, nominative or order.

Article 287.Also enjoys the commission to be paid in preference to other creditors of the principal, the right to retain the proceeds of the goods consigned, whatever form that exists at the time of the bankruptcy of the principal.

Article 288.The commission agent who receives goods shipped from one place to another in pledge for a loan or advance, shall have the lien, provided that the bill includes a statement of the amount paid or anticipated, and the species and nature of the effects referred.

Article 289.There being no issue of a square to another, the commission only enjoy the right of pledge on the goods they have delivered it real or virtual.

Article 290.The commission conferred by many principals collectively produce them for joint obligations of the commission, just as the collective acceptance of several commission produced several liability for the principal.

§ 4. Of the brokers to buy

Article 291.The commission in charge of buying must strictly observe the instructions you have about the kind, quality, quantity, price and other particulars of the goods that he ask his principal.

Article 292.Commission exceeding his instructions regarding the kind and quality of the goods, the customer is not obliged to receive them.

But if it be in excess amount, the customer shall accept the goods ordered, leaving the other by the commission.

Article 293.The client can use the right under the first paragraph of the preceding article, even if you paid for the carriage of the goods, provided that in the act of opening the packages containing them, receiving no protests for not being the same type or quality specified in the instructions.

Article 294.Purchased goods at lower prices than those given in uploaded the instructions, the principal may accept them or leave them on behalf of the commission.

Agreeing to perceive it only the price indicated, the principal shall be obliged to receive the goods.

Article 295.The commission in charge of buy and transport goods for fixed prices, it may not be offset excessive price of these operations with lower than any obtained in the other.

Article 296.Effects can not buy on behalf of his principal at higher prices if any, in the square which has been asked, even though the client said it any other higher price.

Contrary to this prohibition, the commission paid to the principal difference between the market price and the price of purchase.

Article 297.Buying conditions more onerous than those governing the square, will respond to his principal for the damage he will cause, without exception will serve to have made purchases on their own on equal terms.

Article 298.The dominance of the goods purchased and received by the commission belongs to the client, without prejudice to the obligation on the first section 246.

Article 299.Shipped the goods, the responsibility of the commission ceases, and they run from the risk of the client, unless it has otherwise agreed.

Article 300.The Commission has the right of retention of Article 284 punishes, even in respect of goods that I find in transit at the time of the bankruptcy of his principal.

Article 301.Cesa the lien from the time the goods are actually delivered to the client.

§ 5. Of the brokers to sell

Article 302.The commission that upon receiving notice that the effects are damaged or to designate a different state than the bill of lading or knowledge, must implement immediately the measures prescribed in Article 249.

Article 303.Not stating the faults in terms of the aforementioned article, it is presumed that the commission has received the goods in the same condition that states the consignment note or knowledge, and answer them to his principal, unless they have been justified damaged prior to its receipt.

Article 304.When the altered goods sale doeth so urgent that there is no time to give notice to the principal, the commission will go to the Commercial Court to authorize the sale in the manner deemed most suitable to the interests of the owner.

Article 305.As for the price, place, time, manner and other circumstances of sale functions, the commission shall comply strictly with its instructions.

Article 306.Uploaded by selling at lower prices than those designated in the instructions, invoices or correspondence, the commission shall be paid in full to his principal, unless a special agreement for the sale is filed to the common good.

If sells at prices lower than those indicated, the commission shall be responsible for the difference.

Article 307.The commission may sell to the terms commonly used in the square, unless prohibited by the instructions.

Article 308.While the Commission are authorized to sell tacitly or explicitly-term, you can only check people notoriously solvents.

Article 309.Selling term must be expressed in the accounts that bringeth forth the names of purchasers, and not doing it, means that sales have been verified in cash.

Even in that doeth this form must show the names of the buyers if the customer is so requires.

Article 310.The Commission, taking command of selling in cash and a fixed price, sells on credit to a more up, appropriate the difference, since the client requested the payment in the manner prescribed in the instructions.

Article 311.Unable to sell at the prices and conditions that may have been noted, the commission shall give notice and wait for the orders of his principal.

In no event shall return the goods without an order from his principal.

Article 312.The commission shall verify the collection of the credits of his principal in times which shall be made enforceable, and not doing it, liable for damages caused by himself omission.

Article 313.When the commission receives goods from different principals should be distinguished by a countermark to designate the respective property.

Article 314.Understanding negotiation in the same goods from different constituents, or of himself and some of its constituents, will be forced to distinguish in the bills to their respective frames, and write in their books that apply to each owner.

Article 315.The commission that same person have against various amounts from transactions executed on behalf of different principals, or on their own and others, to enter on their books and receipts that give the name of the applicant on whose behalf the debtor makes deliveries biased.

Article 316.Missed the notation that prescribes the preceding article, the allocation of payments are made according to the following rules:

1.a If the credit should proceed in a single operation executed on behalf of different people, deliveries made by the debtor will be distributed by the commission among stakeholders in proportion to their respective assets;

If credit 2nd provinieren various operations performed by one person, payment shall be charged to credit as designated by the debtor, provided that none of them find what they are outdated or all at once;

3.a If at the time of payment or some of the time thou art defeated and overcome any others will apply exactly the amount that the debtor deliver them to non-performing loans and excess, if any, will be distributed salary battle between the credits up.

Article 317.The Commission to ensure the solvency of debtors corriere no risk, but is not entitled to payment of the fee simple.

So, you can not take guarantee fee, even if it was stipulated:

1. ° If the sales were made on condition of surrendering the price in the act of receiving the goods;

2. ° If the time to get sold-term effects, the buyer pay the discounted price.

§ 6. Of the commissioners of transportation by land, river or canal navigable

Article 318.Transport commission is one that, on its own behalf but on behalf of others, is driving with a carrier of goods from one place to another.

Article 319.Transportation commission is not that, having sold goods by mail, is responsible to the buyer.

But acceptance of this assignment requires the seller agent's obligations, and thus respond as such even the fault committed in the choice of carrier.

Article 320.Off the books which prescribes keeping Article 25, the commission shall keep a special register in which a full copy waybills that suscribiere.

Article 321.It is the duty of the commission ensure that remitiere goods for others, keeping order and provision for it, or give prompt notice to his principal if unable to carry insurance for the price and conditions appointed unto him his instructions.

The insurer going bankrupt, yet the risk of the goods, the commission shall renew the insurance, even if you have special request to this effect.

Article 322.The commission is responsible for the facts of the broker commission to whom it entrusts the direction of the goods, unless this person has been designated by the principal.

Article 323.The broker commission takes upon himself the fulfillment of the obligations which the principal broker for his principal.

However, not liable for losses or damages caused by them having literally fulfilled the instructions of the principal broker, even if they are contrary to the principal.

Article 324.The provisions contained in Title V of this book is mandatory to freight forwarders and the contractors in a particular operation and determined, even if not check for themselves the driving of goods.

§ 7. Provisions common to the factors and shop

Article 325.When the dependent factors and hire you on behalf of their constituents, expressed in the documents antefirma that accords signed by proxy.

Article 326.Acting in the manner indicated by the preceding article, and dependent factors bind their principals to fulfill contracts entered into, without getting them personally liable.

Article 327.The violation of the instructions, the appropriation of the result of a compromise or breach of trust on the part of the factors or dependents, do not exempt their principals from the obligation to carry out those contracts made in their name.

Article 328.Factors or dependent act in his own name are personally obligated to honor the contracts accorded, but was deemed to have complied on behalf of their constituents in the following cases:

1. ° When this contract corresponds to the ordinary course of establishment under administration;

2. ° If there was held by order of the principal, even if it falls within the ordinary course of establishment;

3. O If the principal has ratified the contract expressly or implicitly, even when it has concluded without his order;

4. ° If the result of the negotiation any profit made from the principal.

Article 329.In any case listed in the previous article, will hire a third factor or dependent may, at its option, direct their actions against them or their constituents, but not against both.

Article 330.In no case may the dependent factors or delegate the duties of his office without notice and consent of his principal.

Article 331.It prohibits trafficking factors and dependent on their own and take an interest in or someone else's behalf in negotiations of the same gender that they do on behalf of his constituents, unless they were expressly authorized to do so.

Because they violate this prohibition shall apply to the principal benefits of the negotiations that produce or dependent factor, being the loss of sole charge of them.

Article 332.It is not lawful or dependent factors or its main terminate without legal cause which has entered into contracts with each other fixed term, and would do so or gives rise to the termination shall indemnify the other damages that sobrevinieren.

Article 333.They are only legal grounds for termination by the principal:

1st Any act of fraud or breach of trust to commit the factor or dependent;

2nd execution of some of the negotiations prohibited factor or dependent;

3.a The insults or acts, in the opinion of the court of commerce, compromise the personal security, honor or interests of the client.

Article 334.They are only legal grounds for termination by or dependent factors:

1.a The insults or acts of speaking the number 3. ° of the preceding article;

2nd mistreatment of the main and qualified enough for the court of commerce;

3rd retention of their salaries in two installments continuous.

Section 335.Not having time-bound commitment factors or its main subsidiaries, either may terminate it, let the other one month in advance.

The main, if anything, can make effective, before expiry of the month, or dependent factor farewell, paying the allowance accordingly.

Article 336.The factors and dependents are entitled:

1. ° When stipulated wage, even if by some accident blameless services will not pay for two months continuously, except in the case, according to agreement, I will pay for wages;

2. ° A compensation of losses and extraordinary expenses made, by direct consequence of the services supplied.

Article 337.Outside the modes that set the Civil Code, the terms of the factors and dependent lapses:

1. ° For your absolute disqualification for the service provided;

2. ° For the disposal of the establishment that serve them.

§ 8. Special rules regarding the factors

Article 338.Factor can be anyone with the free administration of their property.

However, they may be the son of family, emancipated and married women who have completed seventeen years, being expressly authorized by his parent, guardian or husband to contract with the client and play the factory.

Article 339.Factors must be invested with a special power granted by the owner of the establishment whose management is entrusted to them.

Power will be recorded and published in the manner prescribed in paragraph 1, Title II, Book I.

Article 340.Understand the factors are allowed for all acts that embraces the administration of the establishment that they will trust, and can use all the powers necessary to the proper discharge of their duties, unless the client expressly restricted is the power to give them .

Article 341.The factors observed with the establishment to administer all prescribed accounting rules for traders in general.

§ 9. Special rules relating to clerks

Article 342.May be dependent on all factors that may be in accordance with Article 338.

Article 343.Dependents can not force their constituents, unless they explicitly give them the power to execute a certain name and certain transactions relating to its business.

Article 344.Permission to turn, accept or endorse bills of exchange signed documents to load or unload, raise and receive money, the clerk will be granted by deed, specifying the acts and negotiations to extend the order.

Power will be recorded and published in the manner prescribed in paragraph 1, Title II, Book I.

Article 345.Contracts entered the ward with people who will have his client released by circular and authorized to perform some operations of its traffic, the main force, provided that the contracts are restricted to the negotiations entrusted to the clerk.

Will also be the responsibility of the principal obligations contracted by the clerk cards, provided it has been authorized to sign the letters of the same principal, and has announced the authorization circular.

Article 346.The clerks in charge of selling retail are deemed authorized to receive the proceeds of sales wilt, but must provide the name of their constituents to grant them the receipts.

Shall have the same faculty dependents sell wholesale, if sales are made in cash and payment is verified in the same store they manage.

If sales may be made, on credit or if we had checked out of the store payments, receipts necessarily be signed by the principal or person authorized to collect.

Article 347.Seats dependent accounting charge made in the books of their constituents, they hurt themselves as if they had been verified.

Title VII

COMPANY

Article 348.The law recognizes three kinds of society:

1st General Partnership;

2nd corporation;

3rd Limited partnership.

It also recognizes the association or participation accounts.

§ 1. Training and testing of the partnership

Article 349.You can celebrate the partnership agreement that everyone has the capacity to be bound.

The lowest adult and married women not fully separate in property need special permission to celebrate a partnership.

The authorization of the minor will be conferred by the ordinary courts, and a married woman by her husband.

Article 350.The partnership is formed and tested by public deed registered in terms of Article 354.

The dissolution of the society is to be made before expiry of the stipulated term, the extension of this, the exchange, retirement or death of a partner, altering the name and in general any reform, expansion or modification of the contract will be reduced public deed with the formalities specified in the preceding paragraph.

Need not comply with such formalities in the case of simple extension of society to be produced in accordance with the provisions that exist about the social contract. In this case the company shall be extended in accordance with the terms of members, unless one or more of them expressed their willingness to put an end on time by a declaration made by public deed and which shall take note outside the respective entry in the register of commerce before the date fixed for the dissolution.

Article 351.The contract contained in a private document not produce another effect among the partners that force them to give the deed before the company shall start its operations.

Article 352.The articles of incorporation must state:

1. ° The names and addresses of partners;

2. ° The reason or corporate signature;

3. ° The partners responsible for the administration and use of the name;

4. ° The capital introduced by each of the partners, whether they consist of money, credits or any other kind of property, the value being assigned to inputs consisting of furniture or buildings, and how should be the fair price of such contributions if they were not assigned any value;

5. ° The negotiations need to relate the rotation of the society;

6. ° The share of profit or loss is allocated to each partner or industrial capitalist;

7. ° The age in which society must begin and dissolve;

8. ° The amount that each partner can take annually for his private expenses;

9. ° The way it has verified the liquidation and division of community assets;

10. If the differences that occur in society should be or not subject to the resolution of arbitrators, and the first case, the way they should be appointed;

11. The domicile of the corporation;

12. Other pacts agreed by the partners.

Article 353.Is not admissible evidence of any kind against the tenor of the deed executed pursuant to Article 350, or to justify the existence of agreements not expressed in them.

Article 354.An extract from the charter must be registered in the commercial register for the address of the company.

The extract will contain the instructions stated in numbers 1. °, 2. °, 3. °, 4. °, 5. And 7. Of article 352, the date of the respective deeds, and the name and address scribe that had been granted.

Registration should be made before the expiration of sixty days from the date of the charter.

Article 355.If the charter been omitted means the registered office of the company domiciled in the place of issue of the former.

Section 355 A.The omission of the public deed of incorporation or modification, or their timely registration with the Registrar of Trade, produce absolute invalidation between partners, except as provided in sections 356, first paragraph, and 361, first paragraph.

The timely completion of registration shall take effect retroactive to the date of writing.

Article 356.The society comprising no deed, instrument or deed or reduced to an instrument protocol, is null and void and may not be sound.

Nevertheless, if there actually will lead to a community.

Gains and losses will be shared and support and the return of contributions shall be made among the villagers under the agreement and in lieu thereof, in accordance with the provisions for society.

Community members jointly and severally liable to third parties with whom we have contracted on behalf of and in the interest of it, and shall not rely on third parties the failure of the instruments mentioned in the first paragraph. Third parties may in fact prove the existence of any evidence as they recognize this code, and the proof will be appreciated according to the rules of sound criticism.

Article 357.The society is vitiated by void for breach of the requirements of section 350 shall have legal personality and will be settled as a society if public deed or instrument or reduced notarized deed. All this without prejudice to the sanitation service in accordance with the law.

The partners jointly and severally liable to third parties with whom we have contracted on behalf of and in the interest of society in fact.

Article 358.The voluntary execution of the partnership agreement does not purge the void that is vitiated by breach of legal formalities, subject to the reorganization referred to in the preceding article.

Article 359.Which will hire a society that has not been legally constituted, can not withdraw for this reason the performance of their duties.

Article 360.The facts contained in the second paragraph of Article 350 only produce effects against third since a record of its occurrence, as indicated in that article.

Article 361.The modified extract of which has not been duly registered in the Register of Commerce or no effect against the partners or against third parties, except in the case of sanitation in accordance with the law and the restrictions it imposes. Such deprivation of operating cash right, without prejudice to the unjust enrichment action as appropriate.

The modification timely registered in the Commercial Register, but vitiated by defects in form, produces effect against members and others, until it has been declared invalid.

The statement referred to in the preceding paragraph does not have retroactive effect and shall apply only to situations that occur from the moment it is rendered by the sentence that contains it.

Article 362.Repealed.

Article 363.Repealed.

Article 364. Repealed.

§ 2. Of reason or social firm in partnership

Article 365.The name is the formula set forth the names of all partners or some of them, with the addition of these words and company.

Article 366.Only the names of the general partners can enter into the composition of the name.

The name of the member who has died or been separated from society will be removed from the corporate signature.

Article 367.The use made of the name after the dissolution of society, is an offense of forgery, and the inclusion in it of the name of a stranger is a scam.

Falsehood and fraud will be punished under the Penal Code.

Article 368.Which tolerates the inclusion of his name in the trade ratio of an alien society, is responsible for persons who have contracted it.

Article 369.The name is a fixture of social or industrial establishment which is the subject of corporate transactions, and therefore is not transmissible to him.

Article 370.The general partners listed in the constitution are jointly responsible for all legal obligations under the corporate name.

Under no circumstances may repeal a covenant partners in solidarity partnerships.

Article 371.You can only use the name the partner or partners who have been granted such authority by the respective deed.

In the absence of an express delegation, all members may use the corporate signature.

Section 372.The use of the name may be conferred on a stranger to society.

The delegatee shall indicate in the public or private firm for power, failing to pay bills of exchange which has put into circulation, since the failure to induce antefirma in error about its quality to others which they have been accepted.

Article 373.If members use the signature unauthorized social, society will not be responsible for fulfilling the obligations that have signed, unless the obligation is made out of any society.

The responsibility, in this case is limited to the amount concurrent with any reported benefit society.

Article 374.Society is not responsible for the documents signed with the name when the obligations that have caused concern and not the third accepts with the knowledge of this.

§ 3. Social fund and the division of profits and losses

partnership

Article 375.The social fund is composed of the contributions that each partner delivery or promises to deliver to society.

Article 376.Contribution may be subject to money, credit, and personal property, grants, privileges of invention, manual labor, the very industry, and generally everything marketable able to provide some utility.

Article 377.The public office of broker, broker and any other that is served under appointment of the President of the Republic can not be the subject of a contribution.

Article 378.Partners must submit their contributions at the time and manner stipulated in the contract.

Where not specified, delivery will be made at the registered office after articles of association signed.

Article 379.The delay in the delivery of the contribution, whatever the cause that produces it, allows the partners to exclude socio society to delinquent or enforcement proceedings against person and property to enforce compliance with its obligation.

In either case the defaulting member liable for the damages that the delay thereby incur to society.

Article 380.Personal creditors can not seize a partner during the partnership's contribution to the latter entered, but will be allowed to apply for retention of the interest in it hath to perceive at the time of social division.

They may not concur in the insolvency of the corporate creditors, but will be entitled to pursue the debt corresponding to the residue of the estate insolvent.

Article 381.Members will not be entitled to recover their contributions before the conclusion of the liquidation of the company, unless they consist in the enjoyment of the objects introduced to the pool.

Article 382.The venture capitalists themselves divided between gains and losses means if so stipulated. Where not specified, the split in proportion to their respective contributions.

Article 383.In terms of profits and losses for the industrial partner, it will be what has been stipulated in the contract and there being no stipulation, the lead industrial partner in earnings a share equal to that corresponding to the more modest contribution, without paying any share in the losses.

§ 4. Administration of the partnership

Article 384.The regime of the partnership will comply with the covenants containing the charter, and what has not been provided them, the rules stated below.

Article 385.The administration of law applicable to each and every one of the partners, and they can play by themselves or by their delegates, are members or strangers.

Article 386.When the social contract of manager means a person, means that the partners give each other the power to administer and to force jointly responsible for all without notice and consent.

Article 387.Under the legal mandate, each partner can validate all acts and contracts included in the ordinary course of society or are necessary or conducive to the achievement of the purposes for which it is been proposed.

Article 388.Each partner is entitled to oppose the consummation of the transactions and contracts designed by other, unless they relate to the mere maintenance of common things.

Article 389.Opposition temporarily suspended enforcement of the act or proposed procurement until the numerical majority of the members qualify as a convenience or inconvenience.

Article 390.The agreement only requires the majority to the minority when it falls on simple acts of administration or provisions contained in the circle of operations designated in the social contract.

Resulting in the deliberations of the company two or more views that do not have an absolute majority, members must refrain from carrying out the act or proposed procurement.

Article 391.If, despite the opposition verificare the act or contract with third parties in good faith, the partners will jointly and severally liable to comply, without prejudice to their right to be indemnified by the partner who had executed.

Article 392.Delegate authority to manage one or more members, the others are inhibited by this one act of interference in social administration.

Article 393.The power to administer brings the right to use the corporate signature.

Article 394.The delegate will only have the powers to appoint his title, and any excess committed in the exercise of them, the company will be responsible for all damages that occurring.

Article 395.Delegated administrators representing the society and out of court, but if it should be invested with special powers may not sell or mortgage the property by its nature or destination, or alter its shape, no compromise or compromise of any corporate business nature whatsoever.

Section 396.Alterations in the form of social property that doeth manager in full view of members, shall be authorized and approved by them for all legal purposes.

Article 397.No special administrators need to be able to sell the real estate industry, provided that such event were included in the number of operations that constitute the ordinary course of society, and to take mutual quantities strictly necessary to set in motion the business of office, make repairs to buildings necessary social, raise the mortgages that encumber or meet other urgent needs.

Article 398.Administrators have legal representation in court society, be it from acting as plaintiff or defendant.

Article 399.Having two administrators by title have to act jointly, the opposition of one of them prevent the consummation of the transactions or contracts designed by the other.

If administrators are three or more sets must act under the majority vote and refrain from carrying out acts or contracts that have not yet obtained.

If, notwithstanding the opposition or the majority defect implements the act or contract, it shall take full effect on bona fide third parties, and the administrator has concluded that society will respond to the damage that it follow.

Article 400.The administrator appointed by a special clause of the charter can be executed, despite the opposition of his fellow members of the administration excluded all acts and contracts to extend its mandate, provided that no fraud check.

But if his efforts nevertheless have obvious damage to the common mass, the majority of the members may appoint a co-manager or request the dissolution of society.

Article 401.The ability to manage is intrasmisible the heirs of the manager, even though it is stipulated that the company has to continue among the surviving partners and the heirs of the deceased.

Article 402.If the administrator making the appointment of the members have not determined the extent of the powers conferred upon him, the delegate will be considered as a mere trustee, and shall have no powers other than those necessary for the acts and agreements set forth in Article 387.

Article 403.Administrators are required to carry the books that every merchant must have under the provisions of this Code, and exhibit any of the partners required.

§ 5. Prohibitions are subject to the partners in society collective

Section 404.Members are prohibited in particular:

1. ° Remove the pool as much as that assigned for their private expenses.

The mere removal of authorizing associates that have been verified to bind it to a refund or to remove a quantity proportional to the interest that each has on the social mass.

2. ° Apply mutual funds to individuals and businesses use these social signature.

The member who has violated this ban will lead to the common mass gains, and charged him only with a loss of business to invest the funds diverted, without prejudice to return them to society and to compensate the damage it has sustained.

It may also be excluded from society by his associates.

3. ° yield to any security interest in the company and be replaced for the performance of the duties that apply in the administration.

The assignment or substitution without prior approval of all partners is zero.

4. Exploit self the branch of industry in which society operates, and done without the consent of all associates individual operations of any kind when society does not have a specific kind of trade.

Members who contravene these prohibitions will be forced to bring profits to the common stock and individually bear the losses they prove.

Article 405.Members may not deny authorization to request any of them to make a commercial transaction, without demonstrating that the operations were planned and prepared a manifest injury.

Article 406.The industrial partner may not undertake any negotiations that distract you from your social care or risk losing the gains they have acquired to date rape.

§ 6. The dissolution and liquidation of the partnership

Article 407.The partnership is dissolved by the modes that determines the Civil Code.

Article 408.Dissolution of the society, it will clear by the person for that purpose has been named in the charter or the dissolution.

Article 409.If the charter or the dissolution was agreed to appoint any liquidator without determining the manner of appointment, it will be unanimously by the partners and in case of disagreement, by the court of commerce.

The appointment may lie with a partner or a stranger.

Only in the case of being all satisfied, can be provided by partners to the collective settlement.

Article 410.The liquidator is a true leader of society and as such must comply strictly with the rules that will trace his title and respond to members of the damages resulting from its operations were fraudulent or guilty.

Article 411.Not being certain powers of the liquidator, can not perform other acts and contracts which tend directly to the fulfillment of your order.

Consequently, the liquidator shall not constitute mortgage, pledge or antichresis not borrow money or buy goods for resale, or endorse bills of exchange, or transact business on social rights, or subject to compromise.

Article 412.The rules contained in the first two paragraphs of Article 399 are applicable to the case where two or more joint liquidators.

The disagreements that may occur between them shall be subject to the resolution of the members, and absence or other impediment to the majority of them, the court of commerce.

Article 413.Apart from the duties imposed on its title to the liquidator shall be obliged:

1. ° A form inventory, upon assuming office, all stock and debts of any nature whatsoever, whether books, correspondence and papers of the society;

2. ° To continue to complete outstanding transactions at the time of dissolution;

3. ° To require the administration to account managers or anyone else who has managed the interests of society;

4. ° to liquidate and terminate the accounts of the company to third parties and individual members;

5. ° to collect the receivables asset amount and receive the appropriate grant severances;

6. ° to sell the goods and movable property of the company, even when a minor between the partners, provided they are not intended by them to be divided in kind;

7. ° A present state of settlement when the members so require;

8. ° A yield at the end of the settlement a general account of his administration.

If the liquidator was the same manager of the company extinguished, must present at the time the account management.

Article 414.The issues giving rise to the filing of the member's account manager or the liquidator shall be subject to compromise precisely.

Article 415.If the charter been omitted to make the designation indicates the number 10 of article 352, means that issues that arise between partners, either for society or the time of dissolution, shall be subject to compromise.

Article 416.The liquidators represented at trial and liabilities to partners.

Article 417.The liquidators appointed in the social contract may waive be removed for cause and in the manner described in article 2072 of the Civil Code.

Whoever is appointed, may resign in another form to be removed according to general rules of the mandate.

Article 418.By themselves the liquidation, the partners shall comply with the foregoing rules, and in their deliberations observe the provisions of Articles 387 and following up to 391 inclusive.

§ 7. The limitation of actions from society

collective

Article 419.All actions against the liquidators are not partners, their heirs or assigns prescribed four years from the date on which the entity is dissolved, provided that the bylaws of fixed duration or the deed of dissolution has been entered under Article 354. -

If the claim is conditional, prescription runs from the advent of the condition.

Article 420.Prescription runs against minors and legal persons enjoy the rights of such, but the loans are illiquid and not interrupted but by the legal steps that within four years made against the partners creditors unpaid.

Article 421.After four years, the partners are not liquidators shall not be required to testify in court about the survival of the debts.

Article 422.The prescription does not occur when the partners themselves verify the liquidation or the company is bankrupt.

Article 423.The creditor actions against the member or clearing members, considered this last quality, and the partners have each course prescribed by the deadlines stipulated in the Civil Code.

§ 8. Of corporationsArts. 424-469. Repealed.

§ 9. Provisions relating to the limited partnership

Article 470.Limited partnership is held between two or more people who promise to lead to a particular social housing supply, and one or more persons who undertake to manage the company solely by itself or its delegates and its particular name.

Llámanse the former limited partners, managers and seconds.

Article 471.Two species of limited partnership: simple and actions.

Article 472.La commandite formed by the meeting of a fund supplied entirely by one or more limited partners, or by them and the managing partners at once.

Article 473.The limited by shares is established for the meeting of a capital divided into shares or coupons for action and provided by partners not named in the charter.

§ 10. From commandite

Article 474.The limited partnership is formed and simple test such as partnership, and is subject to the rules established in the first seven paragraphs of this title, as such rules are not in opposition to the legal nature of this contract and the following provisions.

Article 475.The name of the limited partners will not appear on the bank mentioned in Article 354.

Article 476.The limited partnership is governed under a name which necessarily must include the name of the managing partner if they were one, or the name of one or more of the managers if they are many.

The name of a limited partner can not be included in the name.

Words and company added the name of a managing partner do not imply the inclusion of the name of the limited partner in the firm name, or impose a variety of responsibilities it has in its capacity as such.

Section 477.The silent partner that allows or tolerates the inclusion of his name on the company name is responsible for all obligations and losses of the company in the same terms as the managing partner.

Article 478.The limited partner can not take society by way of contribution, ability, personal credit or industry.

Howbeit, his contribution may consist of a secret communication art or science, provided they do not apply by themselves or cooperate daily application.

Article 479.If the contribution is the mere enjoyment or usufruct, a silent bear no other loss than the products of which constitutes a contribution.

In no event shall be required to repay the amounts by way of benefits received in good faith.

Article 480.The limited partners have the responsibility it imposes and the right granted to shareholders of corporations by Article 456.

Article 481.The limited partner may, without losing that capacity, attend meetings and will have an advisory vote on them.

Article 482.You can also assign its rights, but not transfer the power to examine books and papers of the society while it has not been about their operations.

Article 483.The managing partners are indefinitely and jointly liable for all obligations and losses of the company.

Limited partners only respond to one and the other to the extent of their contributions pledged or delivered.

Article 484.Limited partner is prohibited from executing any act of social administration, even as agent of the managing partners.

Article 485.The limited partner who violates the prohibition of the preceding Article shall be jointly liable with the managers of all losses and obligations of the company, whether before or after the contravention.

Article 486.The limited partner to pay the creditors of the company by one of the reasons stated in Articles 477 and 484, shall be entitled to require the managing partners of restitution of the excess amount of your contribution.

In neither case can the managing partners of the limited partner to claim compensation for the mere fact of the violation.

Article 487.Administratorios acts are not part of the partners:

1. ° The contracts on their own or others celebrate with the managing partners;

2. ° The performance of a commission in a place other than that it is established the domicile of the corporation;

3. ° The advice, examination, inspection, enforcement and other indoor events that pass between partners, provided they do not impede the free and spontaneous action of the managers;

4. ° The acts collectively or individually run as community members after the dissolution of society.

Article 488.The limited partner which is a facility of the same nature as the social setting, or take part as a silent partner or one made by another person loses the right to examine corporate books, unless the interests of such establishment are not in opposition to the society.

Article 489.Having one or more limited partners and many groups, is that all they managed together, whether one or more managed by all of society will be both limited partnership for collective and relatively early in the latter.

Article 490.If in doubt, the company shall be deemed collectively.

§ 11. From limited by shares

Article 491.The rules set forth in the preceding paragraph are applicable to joint stock as are not inconsistent with the provisions hereof.

Article 492.The limited partnerships can not divide its share capital or share coupons to lower than ten hundredths of a shield, when it is not more than fifty shields.

If the capital exceeds this amount, shares or vouchers action can not lose half shield.

Article 493.The limited partnerships will not be definitely established only after all the capital subscribed and delivered to each shareholder having at least a quarter of the amount of their shares.

The execution and delivery will be checked by the statement of manager in a public document, and this will be accompanied by a list of subscribers, a delivery status and the charter.

Article 494.Shares in limited partnerships are registered.

Article 495.Subscribers are responsible actions, despite any provision to the contrary, the total amount of shares which have taken in society.

The actions or action coupons are not negotiable but delivered after two-fifths of its value.

Article 496.Whenever any of the partners bring you a contribution does not consist of money, or estipulare its favor some particular advantages, the general assembly will verify and estimate the value of one and other, and until he has given his approval at a subsequent meeting, the company shall not be definitively established.

The deliberations of the assembly are taken most votes of shareholders present or represented, and this majority is composed of a quarter of the shareholders, representing a quarter of the capital.

The partners we made the contribution or the benefits have been stipulated under the appreciation of the assembly will have no vote.

Article 497.Is null limited by shares incorporated in contravention of any of the requirements contained in the preceding Articles, without prejudice to its reorganization in accordance with the law.

Article 498.In all-stock will establish a monitoring board, composed of at least three shareholders.

The board will be appointed by the General Assembly immediately after the final constitution of society and social before any operation.

The first board shall be appointed for one year and the other five.

Article 499.The board members should consider whether the company has been legally constituted, inspect the books, checking the existence of social values ​​in cash, documents or any other form, and submit the end of each year to the general assembly a report about inventories and the proposals made by the manager to distribute dividends.

Article 500.The oversight board has the right to convene the general assembly and to provoke the dissolution of society.

Article 501.Aborted Society for infringement of the rules prescribed for its creation, members of the oversight board could be held jointly liable with the managers of all trades executed after his appointment and acceptance.

The same responsibility may be declared against the founders of the company have taken a contribution in kind and stipulated in its favor particular advantages.

Article 502.Each member of the board of supervision shall be jointly liable with managers:

1. ° When you have knowingly allowed that inventory inaccuracies are committed serious harm to society or others;

2. ° Whenever you knowingly consented to have distributed dividends are not justified by regular inventories and sincere.

Article 503.The issuance of shares or coupons for action in a company incorporated in violation of Articles 492, 493 and 494, shall be punished by a fine of half a shield.

The same penalty shall apply to any manager who principiare corporate transactions before the oversight board has begun to operate.

Article 504.Trading in shares or vouchers of a value or action is contrary to the provisions of Articles 492 and 494, or shares or coupons which action has not delivered the two-fifths of its value under Article 495, shall punishable by a fine of half to two shields.

With the same fine will be punished to take part in the negotiations set and who publicly expressed the value of shares or coupons for action.

Article 505.Shall be punishable under the Penal Code requires:

1. Those who by simulating subscriptions or deliveries, by publishing malicious subscriptions or deliveries that do not exist, or by other false facts, obtained or attempted to obtain subscriptions or deliveries;

2. Those who subscriptions or deliveries to bring in bad faith publishing the names of people who are related to society involves, in any form whatsoever.

Article 506.The shareholders argue that we had to collectively as plaintiffs or defendants, a lawsuit against the managers or members of the oversight board will be represented by proxy elected by the general assembly.

Unable to verify the appointment by the General Assembly, by an obstacle any, will be made by the Commercial Court at the request of the most diligent party.

If the lawsuit Versare about objects of particular interest to some shareholders, proxies will be appointed at a meeting of stakeholders in the cause.

In either case proposed, the shareholders may intervene personally in the case, the responsibility to bear the costs of its intervention.

§ 12. Association or participation accounts

Article 507.Participation is a contract whereby two or more merchants take interest in one or many commercial operations, instantaneous or repeated, you must run one of them in his name alone and under his personal credit by accountability and divide their associated gains or losses in agreed proportion.

Article 508.Participation is not subject in their training to the formalities required for the formation of societies.

The agreement of the members determines the object, form, interest and participation conditions.

Article 509.Participation is essentially private, is not a legal entity and has no name, and address collective heritage.

Its formation, amendment, dissolution and liquidation may be established with the books, correspondence, witnesses and any other legal evidence.

Article 510.The manager is renowned sole owner of the business relationships that occur outside participation.

Third parties only have action against the administrator, just as the participants do not have it inactive against others.

Both, however, may use the manager's actions under an assignment form.

Article 511.Save the changes resulting from the legal nature of participation, it produces among the participants the same rights and obligations conferred and imposed on each partner commercial companies.

Title VIII

INSURANCE IN GENERAL AND IN PARTICULAR THE INSURANCE LAND

§ 1. Definitions

Article 512.Insurance is a bilateral, conditional, random by which a natural or legal person takes upon himself a certain time any or all of the risks of loss or damage that are certain objects that belong to someone, forcing, for a fee agreed to compensate the loss or other damages suffered by the objects estimable insured.

Article 513.It is called insurance the person taking the risk of his own, ensured that it is free, and premium pay or insurance rates.

Risk means the possibility of any unforeseen circumstances that may cause loss or damage to the insured.

Loss is loss or damage of the goods insured.

More sinister called the total or near total loss, and left the less simple the insured property damage.

The loss or impairment of the three quarters of the value of the insured is considered a total loss only in cases specified by law.

Insurance is land or sea.

§ 2. Provisions common to terrestrial and marine insurance

Article 514.The insurance is refined and tested by a public, private or official, which is authorized by a broker or a Chilean consul in your case.

The documentary evidence of insurance is called policy.

The policy may be nominated widespread favor of the insured, in order or to bearer.

Writing giving private or official, shall extend two copies for mutual receipt of the parties.

Article 515.The insurance set it as a promise orally, provided that the contractors have agreed formally in the thing, and risk premium.

The promise can be justified by any means of proof admitted in commercial matters, and authorizes each of the parties to sue the other the issuance of the policy.

Article 516.Any policy should contain:

1. ° The names of the insurer and insured and address of both;

2. ° The declaration of the quality that takes the insured to obtain insurance;

3. ° The clear and precise designation of the value and nature of the insured;

4. ° The insured amount;

5. ° The risk that the insurer takes upon himself;

6. ° The day begins and concludes that the risk to the insurer;

7. ° The insurance premium, and time, place and manner in which it is to be paid;

8. ° The date, stating the time;

9. ° The enunciation of all the circumstances that the insurer can provide accurate and complete knowledge of the risks, and all other provisions that we did the parties.

Article 517.Regarding the insured, insurance is a contract for mere compensation, and can never be for him an opportunity to profit.

Article 518.Insurance can celebrate all the people working to be bound.

But the insured is required in addition to the legal, having the time of the contract a real interest in avoiding risks, whether as owner, partner, trustee, tenant, tenant, creditor or administrator of property of others, is in any other that constitutes interested in the preservation of the insured object.

Insurance in missing this interest is void and of no value.

Article 519.The insurance may be hired on their own, or by a third party under a general or special power, even without your knowledge and consent.

It is understood that the amount that insurance has hired, since the policy does not express it on behalf of a third.

Article 520.Because they take their own insurance to ensure the object sent is understood that the president said according to the instructions of the principal.

In the absence of instructions, the insurance shall be made under the usual conditions in the place where the president should execute the command.

Article 521.It is of no value set by the insurance unofficial agent, if the applicant or his agent, ignoring the existence of this contract, has made secure the same object.

Article 522.They can be assured all things tangible or intangible, provided there at the time of contract or the time it begins to take risks on behalf of the insurer, with an estimated value of money can be a legitimate speculation, and are exposed to risk losing by taking upon himself the insurer.

Therefore, there may be a matter of insurance:

1. ° The gains or benefits;

2. ° The objects of illicit trade;

3. ° The things fully insured, unless the last insurance relates to a different time or risks of a different nature than those comprising the former;

4. ° The things that have already run the risk, saved or lost háyanse it.

The sure things do not fulfill all the conditions stated in the first paragraph of this article is null and void.

Article 523.The insurer can reinsure, on conditions more or less favorable than those provided for the same things he been insured.

Reinsurance does not extinguish the obligations of the insurer or the insured giving direct action against the reinsurer.

The insurer and the insured can not enter into reinsurance, but the second can ensure the cost of insurance and the risk of insolvency of the first.

Article 524.Commercial establishments such as warehouses, bazaars, shops, factories and others, land or sea cargo can be secured with or without specific designation of goods and other objects they contain.

Furniture that constitute the furniture of a house can also be secured in the same way, except they have a great price, such as jewelry, family pictures, art or similar, which will be secured by appointment.

In either case, the insured must identify the insured and justify their existence and value at the time of the accident.

Article 525.Having held many successive insurance in good faith on different dates, only valid to the first, always covering the full value of the secured object.

No covering, insurers respond after unpaid value of the order of the dates of their contracts.

Insurers whose contracts remain to be canceled for lack of insurable value, the premium refunded, except their right to compensation may exist.

Article 526.When multiple insurers to ensure together or separately on the same date an amount that exceeds the true value of the insured, shall not be responsible, but to the extent of that value in proportion to the amount that each of them has secured.

The insurance is presumed undated held on the date immediately follows.

Article 527.In cases under the two preceding articles, the insured may terminate a prior insurance to insurers accountable later.

Relieved of their obligations to the previous insurers, the insured will be in place in the same order and by the same amount of their insured HAVE.

In this case, the insured will hire a new insurance, insurers take their place in the manner expressed in the preceding paragraph.

Article 528.But one thing has been insured for its full value, it is possible to secure it again under the condition that the second insurer is liable if the insured is fully indemnified by the first insurer.

In this case the agreement or agreements shall be clearly described the new policy, under penalty of nullity, and apply the rules laid down in Articles 525 and 526.

Article 529.Giving up in legal form of insurance contract, the insurer may again make sure the insured for the same time and the same risks.

The new policy will be mentioned, under penalty of nullity, both the previous and safe withdrawal.

Article 530.Transmitted by universal or singular property of the insured, the insurance for the benefit of the purchaser shall, without transfer, from the time that the risks apply to you, unless clearly stating that the insurance was agreed by the insurer in consideration to the insured person.

Article 531.In case of transmission by singular title, the insurer may require the purchaser to declare the act of the injunction whether or not to take advantage of insurance.

If the insured refuses and he remains an interest in the thing, the insurance will continue on his behalf to the extent of their interest.

If he remains no interest, it shall be extinguished from the time the insurance of alienation, and the insurer of the insured may claim the payment of any bonus or compensation, depending on the nature of insurance.

Article 532.Insurance is not effective competition until the true value of the insured object, even if the insurer has been made responsible for an amount that exceeds it.

While not being secured the full value of the thing, the insurer is only obliged to compensate the loss pro rata to the amount insured and what is not.

However, interested parties may stipulate that the insured does not bear any part of the loss or damage, but in the event that the amount of the loss exceeds the sum insured.

Article 533.Omitted in the policy determining the value of the goods insured, the insured may be set by all the evidence that supports this Code.

Article 534.Although the value has been formally stated in the policy, the insurer or the insured can prove that the estimate was inflated by error or fraud.

Declaring that there was too much for error in the estimate, the sum insured and the premium will be reduced to concurrence of the true value of the insured, and the insurer may require the difference between that value and the policy set out in compensation to may apply.

Testing the insurer the difference between the actual value of the objects and the insured amount comes from the insured's intent, it may not require the insurance payment in case of accident or excuse to pay the insurance premium in full, without prejudice criminal action.

But if the insurer has been subject appraised by experts chosen by the parties, the insurer can not contest, except in cases of fraud, the value of those attributed to it.

Article 535.If the policy contains no express or implied designation of the amount insured, it is understood that the insurer undertakes to indemnify the loss or damage to competition in the value of the insured at the time of the accident.

There are express designation not only as expressly refers to the amount insured, but where the insurer agrees to pay all or part of the value of the insured under the estimate be made of it at the time of the incident, or when set to the environmental policy to set the sum insured.

There is tacit appointment, provided that the policy contains the valuation of the insured object, setting the premium, or any other data sufficient to determine the sum insured.

Article 536.The insurer can take on some or all of the risks it is exposed to the insured.

No insurance is expressly limited to certain risks, the insurer liable for all but the statutory exceptions.

Article 537.In the absence of stipulation, the risks begin to be borne by the insurer since the parties sign the policy, unless the law provides otherwise.

The courts determined in the hypothesis proposed duration of the risks, taking into consideration the terms of the policy, local customs and other circumstances.

Article 538.The insured can not change by itself rather than risk or any other of the circumstances that have been taken into account to estimate it.

The variation performed without consent of the insurer authorizes the termination of the contract if, in the opinion of the competent court, stretch out or be heavy risks.

Article 539.The incident occurred presumably by accident, but the insurer can prove to have been caused by an accident is not responsible for its consequences, according to the convention or law.

Article 540.The clause in which the insurer agrees to go through the insured's estimate of the damage done, has no other effect than to impose the obligation of the first test.

Article 541.The insurance premium contracted without stipulation is void and of no value.

Article 542.The insurer earns bonus irrevocably from the moment that the risks begin to run on their own.

Article 543.The premium may consist of a sum of money, or the provision of a thing or a fact made even money, and paid all at once or partially for months or years.

In the absence of stipulation, the premium is payable in cash, and consisting of a percentage or a lump sum, shall be payable from the insurer begins to take the risks.

The premium set forth in periodic installments will be paid at the beginning of each period.

Article 544.Failure to pay the premium to the deadline conventional or legal, authorizing the insurer to demand delivery of it or termination of insurance compensation for damages.

Demand for raw leaves subsisting insurance.

Instituted the action for rescission, the risks cease to be borne by the insurer and the insured may not claim compensation from a subsequent claim, even offering to pay the premium.

Article 545.The insurer must give exercise the rights under the previous item within a period of three days from the deadline, and not doing it, insurance in force shall be deemed for all purposes, and the insurer may proceed to delivery premium.

Section 546.A period of grace granted for payment of premiums, insurers are obliged to repair the loss occurs before maturity, but if it should occur after, not be obliged to repair it but in the event that any premium paid within the indicated time.

Not being paid, the insurers may use the law gives them the first paragraph of Article 544.

Article 547.Expiring insurance taken out by months or years, the insured should not be any money for months or years that have not begun to run, or you can repeat any portion of the premium has been paid by the month or year that has not run .

Article 548.The deduction of premiums for months or years to come extinguish the division monthly or annual payment, in which case it is presumed that the parties have replaced the original insurance insurance only for a single premium and a number of years.

Article 549.Adjusted insurance between the insurer and the insured or his agent shall deliver to the first second the policy signed within twenty-four hours, counting from the date of adjustment.

If the insurance is held by the intermediate rider, the policy must be signed and delivered to the parties within four days from the conclusion of the contract.

Failure to comply with provisions of the two preceding paragraphs gives the insured the right to claim damages from the insurer or broker you.

Article 550.The insurance contracts in particular the obligation to pay the insured the sum insured or any part thereof, provided that the insured object totally or partially lost, or suffer as a result of a fortuitous event which has taken over.

The insurer's liability in any case exceed the amount insured.

Article 551.If the accident occurred before and continued after the expiration of the term insurance consumare loss or damage to the insured, insurers respond the full value of the loss.

But if it occurred before and will continue after HAVE begun to risks borne by insurers, they will not be responsible for the loss.

Article 552.The insurer is not obligated to indemnify the loss or damage from inherent vice of the thing, a personal event of the insured or a vicarious liability civil law affecting it.

However, the insurer may take upon themselves, by virtue of an express agreement, risks arising from inherent vice of the thing, but it is forbidden to become responsible for personal acts of the insured.

Vice is understood by itself the germ of destruction or damage to carry things in itself by nature or destination, although they assume the most perfect of its kind quality.

Article 553.Because the payment of the claim, the insurer is subrogated to the insured's rights and actions he has against third parties by reason of the accident.

If no compensation is total, the insured shall retain its rights to charge those responsible for the damages has not indemnified by the insurer.

The insured is responsible to the insurer for all acts or omissions that may harm the performance of the shares transferred by subrogation.

Article 554.The mere fact of paying the claim, which ensures the solvency of the insurer is subrogated to the insured thing all the rights that it confers the first insurance.

Article 555.The thing that is the subject of insurance is subrogated for the amount insured for this effect of exercise on the privileges and mortgages on it.

Article 556.The insured is obliged:

1. ° A sincerely declare all circumstances necessary to identify the insured and appreciate the extent of risks;

2. ° A premium payment in the manner and time agreed upon;

3. ° To use all the care and zeal of a diligent parent to prevent the accident;

4. ° to take all necessary steps to save or recover the insured, or to preserve his remains;

5. ° to notify the insurer within three days of receipt of the notice, the advent of any accident involving their responsibility in the notification by a clear statement of the causes and circumstances of the accident;

6. ° to declare the time required to pay an insurance claim you have made or sent to the secured object;

7. ° To prove the coexistence of all the circumstances necessary to establish the liability of the insurer.

It is responsible for all charges made by the insured to comply with the obligations laid down in points 3. And 4. °.

Article 557.The insurance is terminated:

1. ° For the false or misleading statements or the insured's reticence about those circumstances known to the insurer may withdraw from the contract or to produce any substantial change in their conditions;

2. ° for breach of its obligations;

3. ° Lacking absolute or risk extinction.

If the absence or extinction risk is partial, the insurance is terminated in part.

Article 558.Pronounced the nullity or termination of insurance fraud or fraud of the insured, the insurer may demand payment of the bonus or withhold, without prejudice to the criminal action, but has not run any risk.

Article 559.Declared the bankruptcy of the insurer outstanding risks, the insured may request termination of insurance or require the entrenched competition compliance with the obligations of the bankrupt.

Has the same option the insurer if the insured should occur before the bankruptcy of the premium paid.

If the bankrupt or the bankruptcy administrator accords no bail within three days of notification of the lawsuit, the insurance shall terminate.

Article 560.The mutual insurance stock companies are subject to the rules contained in this paragraph in all matters relating to the fixing of rights and obligations of the company and shareholders in cases of disaster.

§ 3. Special provisions for land insurance

Article 561.Land are mutual insurance or premium.

The participating mutual insurance while the insurance contract and that of society, and although by their nature are civil contracts, subject to commercial law as prescribed in Article 2064 of the Civil Code.

Article 562.Insurance premium land ordinarily have intended to ensure:

1. ° The life span of one or more persons;

2. ° The risk of fire;

3. ° harvest risks pending or completed;

4. ° The risks of transport by land, lakes, rivers and waterways.

Article 563.The abandonment of goods insured is not admissible in insurance land, except in case of agreement of the parties.

Nor is it permissible termination by the mere will of the insured, even paying compensation.

Article 564.If termination was caused by a fortuitous event or force majeure, the insurer is not entitled to claim compensation, unless otherwise stated.

But if it were a fact innocent of the insured, the insurer may seek compensation for damages according to general principles.

The provisions of this article and the above do not apply to certain land transport.

Article 565.The compensation the insurer agrees rule, within the limits of convention, based on the value that the object has secured the time of the accident.

Article 566.In the case referred to in number 4. Of article 522, the insurance will not celebrated, but the insurer and insured have proceeded in ignorance of the loss or salvation of the insured object.

But if any of them have acted with knowledge of the loss or salvation of the thing, competently be liable to indemnify the other, without prejudice to the penalty imposed on him by law.

Knowing both sides of the event that put an end to the risks, the insurance will be for all purposes as a mere wager.

Article 567.Nothing in the final paragraph of Article 556 applies to land insurance, except transport, even if the costs exceed the salvage value of the salvage.

Article 568.The shares resulting from the land safe, except for transportation, prescribed by the lapse of four years.

If the premium is payable regardless of quotas fixed and regular times, the action to collect each fee prescribed in four years from the time it is required.

§ 4. Life Insurance

Article 569.The life of a person can be assured by himself or by a third party who has an interest in current and effective conservation.

In the second case the insured is the third of which gives the insurance benefit and shall pay the premium.

Article 570.The insurance held by a third party may be without notice and consent of the person whose life is insured.

Article 571.Insurance can be temporary or for life.

Missed the appointment time that should last the life insurance is deemed.

Article 572.The risk that the insurer takes upon himself may be the death of the insured within a certain time or under certain circumstances contemplated by the parties, or of prolonging life beyond the time fixed by the convention.

Article 573.In addition to the pronouncements contained in Article 516, the policy should state the age, occupation and health status of the person whose life is assured.

Article 574.Insurance is void if at the time of the contract there is no person whose life is insured, even when the parties ignore death.

Article 575.Life insurance is terminated:

1. ° If you have done to save his life shall lose condemnation by suicide or capital, or if the lose a duel or in another criminal enterprise, or if he is killed by his heirs.

This provision is inapplicable to the case of insurance purchased by a third party.

2. ° If the amount claimed by the insured is author or accomplice of the death of the person whose life has been secured.

Article 576.The mere absence and disappearance of the person whose life is insured, not the insured amount becomes due, unless otherwise specified stakeholders.

But if the presumptive heirs of the deceased has obtained the final possession, may require payment of the amount insured under caution to restore it if it appear absent.

Article 577.The fixing of the amount insured and all accident conditions of the contract are left to the parties.

Article 578.These provisions shall not apply to the tontine, mutual insurance life, or other contracts that require the contribution of a fixed amount.

§ 5. Fire insurance

Article 579.Outside the statements required by Article 516, the policy must state:

1. ° The status of the property insured and the specific designation of their boundaries;

2. ° The destination and use of the property insured;

3. ° The destination and use of adjacent buildings, as these circumstances may influence the risk estimates;

4. ° The places that are placed or stored furniture object of the insurance;

5. ° The duration of insurance.

Article 580.Building insurance does not cover the risk to the owner to compensate the damage caused to the residents of the building fire insurance.

Article 581.The insured against the risk of neighbor or the risks locative can not claim the compensation agreed, while not display a final sentence in which he has been held responsible for the communication of fire in the first case, the fire at the building secured in the second.

Article 582.Are borne by the insurer:

1.: All the losses and damages caused by the direct action of fire, but this accident comes from mild to very slight fault of the insured, or made outside of which it would otherwise be liable;

2. ° The losses and damages that are an immediate consequence of fire, such as caused by heat, smoke or steam, the means to extinguish or contain the fire, the furniture removal and demolition order executed under competent authority.

Article 583.Insurer's liability ceases if the building insured after the contract was destined to a use which increases the risk of fire, so that there is room to assume that the insurer would not have insured, or would have insured under various conditions.

The same rule applies to insurance of movable property, since the insured remove them from where they were held while the insurance and put in another.

Article 584.Cesa also the responsibility of the insurer, when the fire comes from the insured to have violated the laws or police regulations that aim to prevent such an accident.

Article 585.If the amount insured consist in a fee, it is understood that this refers to the value that has the subject-matter insured at the time of the accident.

Article 586.Unless otherwise agreed, the terms real or household furniture, not otherwise specified, will be taken in the sense that given the Article 574 of the Civil Code.

§ 6. Insurance against the risks they are exposed to products agriculture

Article 587.Regardless of the statements in section 516, the policy must state:

1. ° The situation, place and boundaries of land, vineyards, meadows or artificial trees whose products are insured;

2. ° The type of crops or plantations intended to land, and if done or made;

3. ° The location of the deposit, if the insurance is already included fruits;

4. ° The average value of the benefits secured.

Article 588.The insurance may be hired by one or more years.

No time to be determined in the policy, means that insurance should only last year the corresponding rural insured crop.

Article 589.The insurer is liable for the loss or damage to the fruit, but not of the vines, trees, crops or plantations, are to produce a given amount.

Article 590.In case of loss the insurer will pay liquidated damages as prescribed in Article 565.

Expert in the regulation of the loss is taken into account to calculate and determine the compensation, if the time served the disaster has occurred or not it is possible to make a second sowing or planting, or if the state of the fruits can be expected any crop.

§ 7. Land transport safety

Article 591.In addition to the pronouncements set forth in Article 516, the insurance policy must contain:

1. ° The name and address of the driver;

2. ° The indication of the point where the effects are to be received for loading and the place where delivery is to be made;

3. ° The trip which they say, and the route to be followed by porters;

4. ° The way to be made transport.

Article 592.The driver of effects on land, lakes, rivers and waterways can secure on their own.

The policy, in this case, be extended under the provisions of the preceding article.

Article 593.The risks begin to run and concluded the insurer at such times as designated in Article 200.

Article 594.If the effects are designated to be carried in turn by land or water, the insurer is not liable for damages suffered, provided that driving without the need is verified by way of an unusual or unaccustomed way.

Article 595.Determined in the consignment note and the insurance duration of the voyage, the insurer is not liable for damages which they occur after the time appointed.

Article 596.If in the course of the trip agreed the effects were downloaded, stored and re-loaded on the backs of other animals, or other carts or other vehicles or vessels, the risks continue to account of the insurer.

Except in the case has been expressly stipulated that the carriage is performed on a particular ship, but even then the insurer liable for the risks of transfer executed to float the ship.

Article 597.The insurer is liable for damage caused by the fault or misconduct of those responsible for the receipt, carriage or delivery of the goods insured.

Article 598.Happening except some damage insurance, the insurer will charge justified.

Article 599.Insurance terminated in whole or in part without the fault of the insured, the insurer will pay compensation by way of a half percent of insured value.

Article 600.The insured can relinquish the effects damaged in favor of the insurer within one month from the day that hath news of the accident.

Not verified within the specified time, you can not do it later.

Article 601.In cases not covered by this paragraph shall apply the provisions contained in the title of marine insurance.

Title IX

CONTRACT CURRENT ACCOUNT

Article 602.The current account is a commutative bilateral contract by which a party refers to another or receives from her property amounts of money or other valuables without the application of a particular job or obligation of having to order a quantity or value equivalent, but by credit the sender for remittance, payable at the times agreed to compensate them at once to concurrence of debit and credit and pay the balance.

Article 603.Accounts that do not meet all the conditions set forth in the preceding article are simple or management accounts and are not subject to the provisions of this Title.

Article 604.All dealings between merchants domiciled or not in one place or between a merchant and one not, and all communicable property values ​​may be the subject of the current account.

Article 605.Before the conclusion of the current account none of the parties is considered as a creditor or debtor.

Article 606.It is the nature of the current account:

1. ° That the credit granted by commercial paper remittances carry the condition that they be paid at maturity.

2. ° That all debit and credit values ​​produce legal interests or the parties have stipulated.

3. ° That more interest current account, the contractors are entitled to a commission on all remittances amount claimed on the realization of which the execution of acts of real management.

The rate of commission shall be fixed by agreement of the parties or by usage.

4. ° That the final balance is payable from the time of acceptance, unless they were carried to the credit of the party who has obtained any amounts that equal or exceed the balance, or that the parties have agreed to pass a new account.

Article 607.Admission current account above values ​​due from one party to another in any capacity whatsoever, innovation occurs, unless the creditor or debtor to give consent, make a formal reservation of rights.

In the absence of an express reservation, the admission of a current account is presumed to be made pure and simple.

Article 608.The values ​​sent and received on current account are attributable to the partial payment of the items it includes, or is payable during the course of the account.

Article 609.The amounts or values ​​pertaining to a particular job, or to be taken to the order of the sender, are foreign to the current account, and as such are not susceptible to purely commercial compensation provided for in Articles 602 and 613.

Article 610.The values ​​were seized or detained brought the current account are only effective over the balance resulting from the demise of the account in favor of the debtor against whom were directed.

Article 611.The current account is concluded by the advent of the time fixed by the convention or before it by the consent of the parties.

It also concludes by natural death or civil interdiction, insanity, bankruptcy or other legal event that deprives one of the contractors of the free disposal of their property.

Article 612.The conclusion of the current account is final when it should not be followed by any business operation, and partial in the opposite case.

Article 613.The final conclusion of the current account status invariably sets the legal relations of parties, produces its own right, regardless of the demise of the bill, the full compensation amount of debit and credit to the amount determined by the individual concurrent creditor and debtor.

Section 614.The partial or final balance will be considered a productive capital interests.

Article 615.The balance can be guaranteed with mortgages in the act of the contract.

Article 616.If the delayed payment debtor, the creditor may turn against him for the remaining balance of the account.

Article 617.The parties may capitalize interest that do not fall in periods of six months, determine the time of the partial balances, the interest rate and the commission and agree all other ancillary provisions which are not prohibited by law.

Article 618.The existence of the current account contract can be established by any evidence to support this Code, unless the witnesses.

Article 619.Action to seek the settlement of the account, the payment of the balance or out of court recognized, or the rectification of the account by calculation errors, omissions, or unduly strange items brought to the debit or credit, or duplication of items prescribed in within four years.

In the same time prescribe the interest on the balance being payable annually or at shorter periods.

Title X

CONTRACT CHANGE

Article 620.The contract rate is a convention by which one party agrees, by value promised or delivered, to pay or to pay the other party or its legal assignee certain amount of money in a place other than that in which celebrates the convention.

Article 621.The exchange contract is perfected by the mere consent of the parties regarding the amount to be paid, the price of it, the place and time of payment and can be proven by any means supported by this Code.

Article 622.People can be bound to conclude the contract can change on their own or by a third party that has been specially authorized to that effect.

Articles 623 to 781 bis.Repealed.