8/10/2019 Article 349

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Article 349 A contract of transportation by land or water ways of any kindshall be considered commercial:

1. When it has for its object merchandise or any Article ofcommerce.

2. When, whatever its object may be, the carrier is a merchant or ishabit ally en!a!ed in transportation for the p blic.

Article 3"# $he shipper as well as the carrier of merchandise or !oodsmay m t ally demand that a bill of ladin! be made, statin!:

1. $he name, s rname and residence of the shipper.2. $he name, s rname and residence of the carrier.3. $he name, s rname and residence of the person to whom or to

whose order the !oods are to be sent or whether they are to bedelivered to the bearer of said bill.

4. $he description of the !oods, with a statement of their kind, oftheir wei!ht, and of the e%ternal marks or si!ns of the packa!esin which they are contained.

5. $he cost of transportation.6. $he date on which shipment is made.7. $he place of delivery to the carrier.8. $he place and the time at which delivery to the consi!nee shall

be made.

9. $he indemnity to be paid by the carrier in case of delay, if theresho ld be any a!reement on this matter.

Article 3"& 'n tr ansportation made by railroads or other enterprisess bject to re! lation rate and time sched les, it shall be s (cient for thebills of ladin! or the declaration of shipment f rnished by the shipper torefer, with respect to the cost, time and special conditions of the carria!e,to the sched les and re! lations the application of which he re) ests* andif the shipper does not determine the sched le, the carrier m st apply therate of those which appear to be the lowest, with the conditions inherentthereto, always incl din! a statement or reference to in the b ill of ladin!which he delivers to the shipper.Article 3"+ $he bills of ladin!, or tickets in cases of transportation ofpassen!ers, may be diverse, some for persons and others for ba!!a!e* b tall of them shall bear the name of the carrier, the date of shipment, thepoints of depart re and arrival, the cost, and, with respect to the ba!!a!e,the n mber and wei!ht of the packa!es, with s ch other manifestationswhich may be considered necessary for their easy identi cation.Article 3"3 $he le!al evidence of the contract between the shipper andthe carrier shall be the bills of ladin!, by the contents of which the disp teswhich may arise re!ardin! their e%ec tion and performance shall bedecided, no e%ceptions bein! admissible other than those of falsity andmaterial error in the draftin!.After the contract has been complied with, the bill of ladin! which thecarrier has iss ed shall be ret rned to him, and by virt e of the e%chan!eof this title with the thin! transported, the respective obli!ations andactions shall be considered cancelled, nless in the same act the claimwhich the parties may wish to reserve be red ced to writin!, with thee%ception of that provided for in Article 3--.'n case the consi!nee, pon receivin! the !oods, cannot ret rn the bill ofladin! s bscribed by the carrier, beca se of its loss or of any other ca se,he m st !ive the latter a receipt for the !oods delivered, this receiptprod cin! the same e ects as the ret rn of the bill of ladin!.Article 3"4 'n t he absence of a bill of ladin!, disp tes shall be determinedby the le!al proofs which the parties may present in s pport of theirrespective claims, accordin! to the !eneral provisions established in this/ode for commercial contracts.Article 3"" $he responsibility of the carrier shall commence from themoment he receives the merchandise, personally or thro !h a personchar!ed for the p rpose, at the place indicated for receivin! them.Article 3"- /arriers may ref se packa!es which appear n t fortransportation* and if the carria!e is to be made by railway, and the

shipment is insisted pon, the company shall transport them, bein!e%empt from all responsibility if its objections, is made to appear in the billof ladin!.Article 3"0 'f by reason of well1fo nded s spicion of falsity in thedeclaration as to the contents of a packa!e the carrier sho ld decide toe%amine it, he shall proceed with his i nvesti!ation in the presence ofwitnesses, with the shipper or consi!nee in attendance.'f the shipper or consi!nee who has to be cited does not attend, thee%amination shall be made before a notary, who shall prepare amemorand m of the res lt of the investi!ation, for s ch p rposes as maybe proper.'f the declaration of the shipper sho ld be tr e, the e%pense occasioned bythe e%amination and that of caref lly repackin! the packa!es shall be forthe acco nt of the carrier and in a contrary case for the acco nt of theshipper.Article 3"2 'f there is no period %ed for the delivery of the !oods thecarrier shall be bo nd to forward them in the rst shipment of the same orsimilar !oods which he may make point where he m st deliver them* and

sho ld he not do so, the dama!es ca sed by the delay sho ld be for hisacco nt.Article 3"9 ' f there is an a!reement between the shipper and the carrieras to the road over which the conveyance is to be made, the carrier maynot chan!e the ro te, nless it be by reason of force maje re* and sho ldhe do so witho t this ca se, he shall be liable for all the losses which the!oods he transports may s er from any other ca se, beside payin! thes m which may have been stip lated for s ch case.When on acco nt of said ca se of force maje re, the carrier had to takeanother ro te which prod ced an increase in transportation char!es, heshall be reimb rsed for s ch increase pon formal proof thereof.Article 3-# $he shipper, witho t chan!in! the place where the delivery isto be made, may chan!e the consi!nment of the !oods which he deliveredto the carrier, provided that at the time of orderin! the chan!e ofconsi!nee the bill of ladin! si!ned by the carrier, if one has been iss ed,be ret rned to him, in e%chan!e for another wherein the novation of thecontract appears.

$he e%penses which this chan!e of consi!nment occasions shall be for theacco nt of the shipper.Article 3-& $he merchandise shall be transported at the risk and vent reof the shipper, if the contrary has not been e%pressly stip lated.As a conse) ence, all the losses and deteriorations which the !oods mays er d rin! the transportation by reason of fort ito s event, forcemaje re, or the inherent nat re and defect of the !oods, shall be for theacco nt and risk of the shipper.

roof of these accidents is inc mbent pon the ca rrier.5Article 3-+ 6evertheless, the carrier shall be liable for the losses anddama!es res ltin! from the ca ses mentioned in the precedin! Article if itis proved, as a!ainst him, that they arose thro !h his ne!li!ence or byreason of his havin! failed to take the preca tions which sa!e hasestablished amon! caref l persons, nless the shipper has committedfra d in the bill of ladin!, representin! the !oods to be of a kind or ) alitydi erent from what they really were.'f, notwithstandin! the preca tions referred to in this article, the !oodstransported r n the risk of bein! lost, on acco nt of their nat re or byreason of navoidable accident, there bein! no time for their owners todispose of them, the carrier may proceed to sell them, placin! them forthis p rpose at the disposal of the j dicial a thority or of the o(cialsdesi!nated by special provisions.Article 3-3 7 tside of the cases mentioned in the second para!raph ofArticle 3-&, the ca rrier shall be obli!ed to deliver the !oods shipped in thesame condition in which, accordin! to the bill of ladin!, they were fo nd atthe time they were received, witho t any dama!e or impairment, andfailin! to do so, to pay the val e which those not delivered may have atthe point and at the time at which their delivery sho ld have been made.'f those not delivered form part of the !oods transported, the consi!neemay ref se to receive the latter, when he proves that he cannot make seof them independently of the others.Article 3-4 ' f the e ect of the dama!e referred to in Arti cle 3-& is merelya dimin tion in the val e of the !oods, the obli!ation of the carrier shall bered ced to the payment of the amo nt which, in the j d!ment of e%perts,

constit tes s ch di erence in val e.Article 3-" ' f, in conse) ence of the dama!e, the !oods are renderedseless for sale and cons mption for the p rposes for which they are

properly destined, the consi!nee shall not be bo nd to receive them, andhe may have them in the hands of the carrier, demandin! of the lattertheir val e at the c rrent price on that day.'f amon! the dama!ed !oods there sho ld be some pieces in !oodcondition and witho t any defect, the fore!oin! provision shall beapplicable with respect to those dama!ed and the consi!nee shall receivethose which are so nd, this se!re!ation to be made by di stinct andseparate pieces and witho t dividin! a sin!le object , nless the consi!neeproves the impossibility of conveniently makin! se of them in this form.

$he same r le shall be applied to merchandise in bales or packa!es,separatin! those parcels which appear so nd.Article 3-- Within the twenty1fo r ho rs followin! the receipt of themerchandise, the claim a!ainst the carrier for dama!e or avera!e be fo ndtherein pon openin! the packa!es, may be made, provided that theindications of the dama!e or avera!e which !ives rise to the claim cannotbe ascertained from the o tside part of s ch packa!es, in which case the

claim shall be admitted only at the time of receipt.After the periods mentioned have elapsed, or the transportation char!eshave been paid, no claim shall be admitted a!ainst the carrier with re!ardto the condition in which the !oods transported were delivered.Article 3-0 ' f do bts and disp tes sho ld arise between the consi!neeand the carrier with respect to the condition of the !oods transported atthe time their delivery to the former is made, the !oods shall be e%aminedby e%perts appointed by the parties, and, in case of disa!reement, by athird one appointed by the j dicial a thority, the res lts to be red ced towritin!* and if the interested parties sho ld not a!ree with the e%pertopinion and they do not settle their d i erences, the merchandise shall bedeposited in a safe wareho se by order of the j dicial a thority, and theyshall e%ercise their ri!hts in the manner that may be proper.Article 3-2 $he carrier m st deliver to the consi!nee, witho t any delayor obstr ction, the !oods which he may have received, by the mere fact ofbein! named in the bill of ladin! to receive them* and if he does not do so,he shall be liable for the dama!es which may be ca sed thereby.

http://en.wikipedia.org/wiki/Good_(economics)http://en.wikipedia.org/wiki/Good_(economics)http://en.wikipedia.org/wiki/Common_carrierhttp://en.wikipedia.org/wiki/Common_carrierhttp://en.wikipedia.org/wiki/Common_carrierhttp://en.wikipedia.org/wiki/Shippinghttp://en.wikipedia.org/wiki/Shippinghttp://en.wikipedia.org/wiki/Consigneehttp://en.wikipedia.org/wiki/Consigneehttp://en.wikipedia.org/wiki/Consigneehttp://en.wikipedia.org/wiki/Bill_of_ladinghttp://en.wikipedia.org/wiki/Bill_of_ladinghttp://en.wikipedia.org/wiki/President's_rulehttp://en.wikipedia.org/wiki/Common_carrierhttp://en.wikipedia.org/wiki/Shippinghttp://en.wikipedia.org/wiki/Consigneehttp://en.wikipedia.org/wiki/Bill_of_ladinghttp://en.wikipedia.org/wiki/President's_rulehttp://en.wikipedia.org/wiki/Good_(economics)

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Article 3-9 'f the consi!nee cannot be fo nd at the residence indicated inthe bill of ladin!, or if he ref ses to pay the transportation char!es ande%penses, or if he ref ses to receive the !oods, the m nicipal j d!e, wherethere is none of the rst instance, shall provide for their deposit at thedisposal of the shipper, this deposit prod cin! all the e ects of deliverywitho t prej dice to third parties with a better ri!ht.Article 30# 'f a period has been %ed for the delivery of the !oods, itm st be made within s ch time, and, for fail re to do so, the carrier shallpay the indemnity stip lated in the bill of ladin!, neither the shipper northe consi!nee bein! entitled to anythin! else.'f no indemnity has been stip lated and the delay e%ceeds the time %ed inthe bill of ladin!, the carrier shall be liable for the dama!es which thedelay may have ca sed.Article 30& 'n case of delay thro !h the fa lt of the carrier, referred to inthe precedin! articles, the consi!nee may leave the !oods transported inthe hands of the former, advisin! him thereof in writin! before their arrivalat the point of destination.When this abandonment takes place, the carrier shall pay the f ll val e ofthe !oods as if they had been lost or mislaid.'f the abandonment is not made, the indemni cation for losses anddama!es by reason of the delay cannot e%ceed the c rrent price which the!oods transported wo ld have had on the day and at the place in whichthey sho ld have been delivered* this same r le is to be observed in allother cases in which this indemnity may be d e.Article 30+ $he val e of the !oods which the carrier m st pay in cases ifloss or misplacement shall be determined in accordance with that declaredin the bill of ladin!, the shipper not bein! allowed to present proof thatamon! the !oods declared therein there were articles of !reater val e andmoney.8orses, vehicles, vessels, e) ipment and all other principal and accessorymeans of transportation shall be especially bo nd in favor of the shipper,altho !h with respect to railroads said liability shall be s bordinated to theprovisions of the laws of concession with respect to the property, and towhat this /ode established as to the manner and form of e ectin! sei resand attachments a!ainst said companies.Article 303 $he carrier who makes the delivery of the merchandise to theconsi!nee by virt e of combined a!reements or services with othercarriers shall ass me the obli!ations of those who preceded him in theconveyance, reservin! his ri!ht to proceed a!ainst the latter if he was notthe party directly responsible for the fa lt which !ave rise to the claim ofthe shipper or consi!nee.

$he carrier who makes the delivery shall likewise ac) ire all the actionsand ri!hts of those who preceded him in the conveyance.

$he shipper and the consi!nee shall have an immediate ri!ht of actiona!ainst the carrier who e%ec ted the transportation contract, or a!ainstthe other carriers who may have received the !oods transported witho treservation.8owever, the reservation made by the latter shall not relieve them fromthe responsibilities which they may have inc rred by their own ac ts.Article 304 $he consi!nees to whom the shipment was made may notdefer the payment of the e%penses and transportation char!es of the!oods they receive after the lapse of twenty1fo r ho rs followin! theirdelivery* and in case of delay in this payment, the carrier may demand the

j dicial sale of the !oods transported in an amo nt necessary to cover thecost of transportation and the e%penses inc rred.Article 30" $he !oods tr ansported shall be especially bo nd to answer forthe cost of transportation and for the e%penses and fees inc rred for themd rin! their conveyance and ntil the moment of their delivery.

$his special ri!ht shall prescribe ei!ht days after the delivery has beenmade, and once prescribed, the carrier shall have no other action than thatcorrespondin! to him as an ordinary creditor.Article 30- $he preference of the carrier to the payment of what is owedhim for the transportation and e%penses of the !oods delivered to theconsi!nee shall not be c t o by the bankr ptcy of the latter, provided it isclaimed within the ei!ht days mentioned in the precedin! article.Article 300 $he carrier shall be liable for all the conse) ences which mayarise from his fail re to comply with the formalities prescribed by the lawsand re! lations of the p blic administration, d rin! the whole co rse ofthe trip and pon arrival at the point of destination, e%cept when his fail rearises from havin! been led into error by falsehood on the part of theshipper in the declaration of the merchandise. 'f the carrier has acted byvirt e of a formal order of the shipper or consi!nee of the merchandise,both shall become responsible.Article 302 A!ents for transportation shall be obli!ed to keep a specialre!istry, with the formalities re) ired by Article 3-, in which all the !oodsthe transportation of which is ndertaken shall be entered in consec tiveorder of n mber and dates, with a statement of the circ mstances re) iredin Article 3"# and others followin! for the respective bills of ladin!.Article 309 $he provisions contained in Articles 349 and followin! shall be

nderstood as e) ally applicable to those who, altho !h they do notpersonally e ect the transportation of the merchandise, contract to do sothro !h others, either as contractors for a partic lar and de niteoperation, or as a!ents for transportations and conveyances.'n either case they shall be s bro!ated in the place of the carriersthemselves, with respect to the obli!ations and responsibility of the latter,as well as with re!ard to their ri!hts.