| July 24, 2016 | 0 Comments
|COMMERCIAL CODE (Legislative Part)|
|Chapter III: Carriers|
|The valet is responsible for the loss of the objects to be transported, except in cases of force majeure.
He is responsible for damage other than those resulting from the inherent defect of the item or force majeure.
Any clause to the contrary inserted in any consignment note, price list or any other document is void.
|If, by the effect of force majeure, the transport is not carried out within the agreed period, there is no grounds for compensation against the carrier for delay.||stop_chronopost|
|Receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest.
If within the above-mentioned period a request for expertise is made in application of article L. 133-4, this request constitutes a protest without it being necessary to proceed as described in the first paragraph.
All stipulations to the contrary are null and void. This last provision is not applicable to international transport.
| In the event of refusal of the objects transported or presented for transport, or of any dispute of any kind whatsoever, on the formation or execution of the contract of carriage, or due to an incident occurring during the same and at the ‘occasion of transport, the condition of the objects transported or presented for transport and, as necessary, their packaging, their weight, their nature, etc., are checked and noted by one or more experts appointed by the chairman of the commercial court or, failing that, by the president of the district court and by order issued on request.
The applicant is required, under his responsibility, to call for this expertise, even by simple registered letter or by telegram, all parties likely to be implicated, in particular the sender, the addressee, the valet and the broker, and experts must take an oath, without formality of hearing, before the judge who committed them or before the judge of the district court where they are proceeding. However, in urgent cases, the judge seized of the request may dispense with the completion of all or part of the formalities provided for in this paragraph. Mention is made of this exemption in the ordinance.
The deposit or sequestration of the objects in dispute, and then their transport to a public deposit,
The sale can be ordered up to the amount of car or other costs already incurred. The judge attributes the proceeds of the sale to the party who advanced the said costs.
|The provisions contained in this chapter are common to road hauliers and inland waterway hauliers.|
| Actions for damage, loss or delay, to which the transport contract may give rise against the carrier, are prescribed within a period of one year, without prejudice to cases of fraud or infidelity.
All other actions to which this contract may give rise, both against the carrier or the broker as well as against the sender or the recipient, as well as those arising from the provisions of article 1269 of the new code of civil procedure, are prescribed in the one-year period.
The period of these prescriptions is counted, in the case of total loss, from the day on which the delivery of the goods should have been effected, and, in all other cases, from the day on which the goods will have been delivered or offered to the recipient.
The time limit for bringing each recourse action is one month. This prescription only runs from the day of the exercise of the action against the guaranteed.
In the case of transport carried out on behalf of the State, the limitation period does not begin to run until the day of notification of the ministerial decision involving final liquidation or ordering.
| The carrier has privilege over the value of the goods covered by his obligation and over the documents relating thereto for all transport receivables, even arising from previous transactions, including his principal, the The sender or the recipient remain debtors to him, insofar as the owner of the goods on which the privilege is exercised is involved in said operations.
The transport claims covered by the privilege are the actual transport prices, additional remuneration due for ancillary services and immobilization of the vehicle during loading or unloading, costs incurred in the interest of the goods, customs duties, taxes, fees and fines associated with a transport operation and interest.