LexInter | February 14, 2011 | 0 Comments


COMMERCIAL CODE (Legislative Part)
Section 1: Commissionaires in general
Article L132-1
 The commission agent is one who acts in his own name or under a corporate name on behalf of a principal.
The duties and rights of the commission agent who acts on behalf of a principal are determined by Title XIII of Book III of the Civil Code.
Article L132-2
The commission agent has privilege on the value of the goods forming the object of his obligation and on the documents which relate to it for all his commission claims on his principal, even born on the occasion of previous transactions.
In the privileged claim of the commission agent, together with the principal, interest, commissions and incidental costs are included.
Section 2: Freight
brokers Article L132-3
The freight forwarder who takes care of transport by land or by water is required to enter in his book-journal the declaration of the nature and quantity of the goods, and, if required, of their value.
Article L132-4
He is responsible for the arrival of goods and effects within the time limit determined by the consignment note, except in cases of force majeure legally established.
Article L132-5
 He is responsible for damage or loss of goods and effects, if there is no contrary stipulation in the consignment note, or force majeure.
Article L132-6
He is responsible for the facts of the intermediary agent to whom he sends the goods.
Article L132-7
The goods leaving the store of the seller or the shipper travel, if there is no agreement to the contrary, at the risk and peril of the one to whom it belongs, except its recourse against the commission agent and the valet in charge of the transport.
Article L132-8
The consignment note forms a contract between the sender, the carrier and the recipient or between the sender, the recipient, the broker and the carrier. The valet thus has a direct action in payment of its services against the sender and the recipient, who are responsible for the payment of the price of the transport. Any contrary clause is deemed unwritten.
Article L132-9
   I. – The consignment note must be dated.
II. – It must express:
1 ° The nature and weight or capacity of the objects to be transported;
2 ° The time limit within which the transport must be carried out.
III. – It indicates:
1 ° The name and domicile of the agent through whom the transport takes place, if there is one;
2 ° The name of the person to whom the goods are addressed;
3 ° The name and domicile of the carrier.
IV. – It states:
1 ° The price of the car;
2 ° Compensation due for delay.
V. – It is signed by the sender or the agent.
VI. – It presents in the margin the marks and numbers of the objects to be transported.
VII. – The consignment note is copied by the agent on a listed and initialed register, without interval and continuation.

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