FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The Maritime Navigation Law carries out a comprehensive reform of Spanish maritime law, covering all its aspects. It is a renewal that does not seek a mere updating and codification, but also responds to its essential coordination with international maritime law and its adequacy to the current practice of maritime transport.

This rule allows overcoming the contradictions existing between the various international conventions in force in Spain and the dispersed regulations governing this matter, whose head is still constituted by the Trade Code of 1885. At the same time, it puts an end to the shortcomings that have been detected in recent years in relation to a plurality of national interests whose protection must be strengthened. It is the case of the safety of navigation, the protection of the environment and of the underwater cultural heritage, the use of the territorial sea, the fight against pollution, the Spanish interests in the matter of fishing, the foreign and the immigration, or the fight against smuggling.

The law regulates the framework in which the activities of the maritime traffic are registered, constituted by the own geographical means and the physical spaces that make it possible, as well as the instruments and the vehicles, guaranteeing the necessary consistency of Spanish law with the various international conventions on maritime law. This extension implies that this Law includes virtually all aspects of navigation, both in public and private law.

II

The preliminary title responds to the most modern guidelines of the maritime law, in accordance with article 2, the rule of interpretation of the law in accordance with the international conventions in force in Spain. This vocation of uniformity entails the aim of ending the criticism of the duality of regulations in many areas of this subject, in which, on the one hand, Spain has ratified various international conventions and, on the other, we have with legislation of its own which, in many cases, does not conform to them. This also explains the legislative technique used, based on the reference to the conventions in force in each matter, reserving the law the role of giving content the spaces that those international treaties leave to the States.

III

Title I is mainly inspired by the United Nations Convention on the Law of the Sea (UNCLOS), adopted on 10 December 1982 in Montego Bay. This Title I is structured in six chapters in which a basic and systematic regulation of the police of the navigation is formulated, which is completed with the regulations in matter of the ports of the State and of the merchant marine. These standards display their effectiveness against domestic and foreign vessels sailing or stopping in any of our waters. The application of the system of police navigation is mainly due to a territorial criterion, without prejudice to the respect for the competences of the flag State, which has led to international law to configure the concepts of riparian and port state. The field of application of this Title I is delimited both in territorial key-within the Spanish maritime spaces the law governs for all the ships-and by the so-called law of the flag-the Spanish ships remain subject to it, wherever which are found. In Chapter VI, the recognized specialties of foreign vessels are collected.

The principle of the sovereignty of the riverside, around which the judicial and administrative powers are articulated on all non-maritime vessels, is governed by the rules of residence in sea and port waters. Status.

IV

Title II begins the regulation of the legal status of the vessel by defining it as a vehicle for navigation, which also covers transitional static situations, such as the vessel under construction, anchored, stranded or in scrapping. This notion therefore excludes naval artifacts-characterized by their stay afloat in a place or fixed point of water-and fixed platforms-any structure or facility capable of operating operations of the marine natural resources or to be used for other activities, located on or supported by the sea bed. The inherent note of mobility that characterizes the ship adds its capacity for the transport of people or things to all ends. The distinction is made with public or private vessel, civil or military, commercial or recreational, sports or scientific. When their size is less than twenty-four metres or not covered by a run-cover, they shall be classified as "watercraft" and may be set up as smaller "smaller units".

The naval artifacts, characterized both by their buoyancy and because they are not destined to sail, differ from the works or fixed constructions that can still be supported totally or partially by flotation, they have the consideration of immovable property under the Civil Code (as is the case for so-called artificial islands, rigidly attached to the water bed, or port facilities). The additional requirement for fitness devices to house people or things leaves out the concept to buoys, beacons and other small floating devices, generally used for the safety of navigation or signalling of the fishing. The characteristic of permanence, which is characteristic of the artifacts, is precisely the attribute that justifies a substantive and registrant regime that is not always consistent with that of ships.

The material transformations of ships and vessels and the legal changes resulting from their participation in commercial traffic determine the need for their identification and for the public constancy of the relationships that they support in their condition of movable property of significant economic value. Its recordable character makes its mortgage legally possible, without undermining its qualification of a piece of furniture. And the situations of shared ownership (co-ownership of the vessel) which, in the cases of lack of dedication of the common thing to a commercial exploitation, will be directly subject to the general regime, without any other speciality than the collection in the law itself to regulate the rights of preferential acquisition (in particular, the novel regulation of the tantalum).

Advertising is crucial in heritage traffic and is carried out through the registration in the Register of Furniture (Ship Section), which has to be coordinated with the Register of Ships and Shipping Companies. Both have different functions. The Furniture Registry will produce the legal effects of the material advertising of entitlements and levies, in the face of the typically administrative significance of the Registry of Ships and Shipping Companies.

The rule on the acquisition of the property articulates, on a device basis, the legal regime of the construction and purchase contracts. The contract of construction regulates the main theme of the passage of property and the risks according to the most widespread contractual practices in the traffic. In the contract of sale the traditional marine conception, of sign contrary to the civil, is maintained in matter of risk of the sale, paying special attention to the interference that the sale of the ship can produce on the contracts of use in force. In this respect the good faith imposes informative duties for the buyer of the ship, to which the law connects a subrogatory effect on the chartering and the contracts of rent, that it will not be produced otherwise. However, such omission would result in the corresponding liability being generated by both the buyer and the other parties to the use contracts.

The figures on loans are definitively dispensed with the gross venture or risk of nao, to settle the maritime credit on a simplified privilege system, reducing them to those accepted internationally by the the Convention on the Maritime Privileges and the Shipbuilding Mortgage of 1993, including the extension of the guarantee for the doubtful origin of wages to all ships managed by the same undertaking.

V

Identical moderniser purpose presides the renewal which Title III carries out in the regime of the subjects of navigation, starting with the figure of the shipowner, which does not exclude but if it moves to a secondary plane of the owner of the vessel. The difference between the owner and the shipowner makes it possible to distinguish between the simple co-ownership of the ship and the true naval condominium. Commercial exploitation in common under a majority regime allows the relationship to be described as something other than co-ownership and those who lead it as real shipowners and shippers.

The idea that you cannot be a shipowner without possession of the ship and without its use in navigation and that in order to be it does not have to be carried out a business activity is important because it has consequences of regime. This is because every shipowner (owner or not) can register in the Register of Furniture; but only the one who navigates his ship for business purpose is an entrepreneur and, as such, will have access to the Commercial Registry. Moreover, the law retains the concept of shipping-already included in the legislation of ports of the State and the merchant navy-limiting it to those who engage in the exploitation of merchant ships (excluding those dedicated to fishing). When in addition they have the possession, they shall also be shipowners.

In accordance with this regulation, the shipowner is the first person interested in registering as such in the records that they have obtained. Likewise, the owner of a ship that does not dedicate it directly to the navigation will not want to assume the consequences and responsibilities that derive from a use to which it is totally alien. For this reason the law empowers the simple owner to apply for registration as the owner of the one who actually owns and uses the ship. It is for the shipowner alone to deal with the acts and omissions of the vessel's endowment and the obligations of its master. This rule has very few exceptions, derived mainly from international norms. In the field of sports or recreational navigation, who appears registered as owner in the Register of Furniture or in the Register of Ships and Shipping Companies comes considered ex lege as a shipowner, without possibility of proof in

The law also coordinates the administrative and commercial rules applicable to maritime personnel with the law of the work, the own regime of the endowment. This regulation complements, on the one hand, the provisions of the International Convention on Training, Titling and Guard of the People of the Sea (STCW, 78/95 (merchant ships) and the International Convention of the same name for ship personnel fisheries (STCW-F/95), which contain the international regime of what the law calls "From certification, certification and inspection", and, on the other hand, the regime of minimum security endowments, subject to regulation both in the Convention International Safety of Human Life in the Sea (SOLAS 74/88), as in the Convention on Work Maritime 2006 of the International Labour Organization (MLC or MLC 2006), all of which are in force in Spain.

There is talk of the endowment in the broad sense, understood as the whole of all the individuals embarked under contract of enrollment. This legal concept is intended for a given vessel to be the most generic of "seafarers" or "seafarers" included in the 2006 CTM reference.

The captain's professional freedom is guaranteed to make autonomous decisions on safety and environmental protection. To this end, the power of the vessel to act in the interest of the vessel, with active and passive legitimacy to appear in all the judicial proceedings and administrative proceedings which it claims for its presence, is collected in a synthetic and clear manner. legal relations arising from the navigation or operation of the vessel. The responsibility of the shipowner for the unlawful acts of the captain is clarified against third parties (whether they are of contractual origin or non-contractual), the "sea protest" being regulated as an evidentiary instrument exempt from formalism, which compels the Captain to record in the Journal of Navigation of the events that occurred during the trip and to certify them in a unilateral way in the protest.

VI

In Title IV, the regulation of the responsibility of the carrier for damages and breakdowns of things carried maintains the current regime, contained in the Hague-Visby Rules ratified by Spain and by the generality of the maritime countries. According to the OECD, these Rules currently regulate 95 per 100 of global maritime trade. The responsibility regimes of the carrier have been unified, applicable to the maritime transport in the regime of knowledge of boarding-national or international-, and to the chartering in its various modalities. This scheme is of a necessary legal nature (not applicable to the parties, for the benefit of the holder of the right to goods) in the transport contracted under the bill of lading, because it is a sector in which the capacity of The negotiation of the users of the service is more limited. Where there is a charter policy, the legal regime shall be abrogated, given the position of equality between charterers and shipowners. Consequently, the clauses of exoneration or limitation of liability may be valid. The law has taken into account the latest conventions in this field, especially the known Rotterdam Rules, thus providing further modifications to its articles when they enter into force.

The solutions contained in the text do not separate from the usual practice, so the chartering is configured as a transport contract. The autonomous chartering continues to fulfill the model of the transport that someone performs for the benefit of another, that pays for it, moving from origin to destination and procuring the requested displacement. The unified contractual nature of the law is combined with the provision of specialties when necessary, as is the case with charters for travel, chartering for time and the movement of goods under knowledge. It leaves out of this legal type the hiring of ships for other purposes (laying of cables, oceanographic research, ice-breaker performances), cases in which only the rules of this type of law will apply. essential and appropriate (those relating to the making available, use of the ship, freight and early extinction).

Also regulated passenger contracts, the trailer (in its dual mode of towing and towing-transport), the lease of the ship (either bare-hulled or armed, equipped), whose discipline is articulated following the most balanced solutions to the right of forms, and the nautical lease, commonly known as charter and which has its own particularities.

VII

Title V collects the so-called auxiliary contracts of navigation, which incorporate the patterns that have been generating the life of the traffic. This is the case of the International Maritime and International Maritime Council (Baltic and International Maritime Council) forms for the naval management contract, or the international standards (the Liability Convention of the employers of transport terminals in international trade, made in Vienna on 19 April 1991, which has been signed but not yet ratified by Spain). The focus is on the definition of the responsibility regime of the commission or agency's commercial models, as prototypes of the contracts for the management of foreign interests.

The naval management provides the owners with aid in commercial, nautical, labor and insurance matters. In the event that the manager does not indicate the name of the shipowner or vessel when concluding the contracts, he shall respond in solidarity with him, although such liability may be limited. That limitation also applies to the port handling contract. Its speciality lies in the unabrogable nature of the liability system, established for the benefit of users of cargo and unloading companies or transport terminals. In the provision of their services, they are liable to be liable for alleged fault, although in compensation they also have a right of withholding as long as they are not paid what they are owed. In the case of the consigliere the central idea of the regulation is that the one who does not charge the freight for himself must also not answer as a carrier, even if he is entitled to sign the bills of lading. On the other hand, if the consignee hides the name of the vessel, he will respond in solidarity with him.

The practice, configured as advice, imposes an interactive performance with the captain (who corresponds to the last decision) and with the own endowment. It is therefore considered to be the sole fault of the practice that derives from aspects that depend only on it, as is the case with the inaccuracy or omission of the necessary advice or the lack of due technical support. On the contrary, the captain is accused of missing or defective follow-up of correct and timely instructions received, as well as the inability to identify the insufficient instructions (which should supplement) or to rule out the erroneous instructions. (which is required to correct). Given the frequent confluence of blame, the shipowner is subject to the damage of his own and is obliged to compensate the others, clarifying the law that all the imputable subjects (shipowner, captain, practical) will be jointly responsible, without damage to the return actions which may correspond to the internal distribution of such blame.

VIII

In order to regulate the accidents of navigation, Title VI begins to deal with the approach, the regime of which refers to the Convention for the Unification of Certain Rules in the Field of Approach, made in Brussels on 23 September 1910. It is thus fixed liability for proven fault, exclusion from the fortuitous case and the graduation of effectively produced blame-which will never cover contractual relations between the parties to a contract of employment, passage or charter. when those blame have a shared nature. For greater protection of third parties, the law declares the joint responsibility of both shipowners. In the light of other interpretative doubts expressed in our recent case-law, the scope of this special regulation extends to the criminal or administrative proceedings in which a patrimonial liability is required subsidiary of the criminal or disciplinary, since the material regulation of these matters cannot vary by the simple fact that the responsibility is demanded by one or another procedural channel.

In the field of common breakdown, the Rules of York and Antwerp are followed, which are a practical, simple and effective regulation. To the extent that these Rules are not self-sufficient, other issues are regulated, such as the right to withhold the effects called to contribute or the prescription of the actions. The settlement of such common breakdowns shall be carried out by a private liquidator appointed by the shipowner, but a procedure has been provided for in cases where the agreement of the parties concerned is not reached.

The law refers to the International Convention on Maritime Rescue, made in London on 28 April 1989, in the regulation of this same matter. The civil jurisdiction shall be aware of the relevant claims, unless the parties agree to submit to a system of administrative maritime arbitration to specialized organs of the Navy, or where the intervention of such organs is made This is necessary because it is a rescue of abandoned goods at sea and of unknown property. The articulation of an omnicomrensivo concept of the rescue and the habilitation of the captain and the shipowner to conclude agreements in this respect, are important technical improvements, that they accommodate the intervention of the Maritime Administration in the rescue operations in order to ensure the protection of the environment. The recognition of a right of retention of the savior, without prejudice to a possible preventive seizure of the ship and goods saved, is another novelty.

The shipwreck or sinking of ships is regulated for the purposes of determining the situation of the goods concerned, the right of ownership of the goods, and the arrangements for the extraction of the goods subject to the authorisation. (i) A regime for maritime pollution is also sought, which imposes a quasi-objective responsibility on the ship's owner or the owner of the device causing the contamination, together with the requirement of the relevant compulsory insurance, conformity with the applicable international conventions to which the law refers, in particular to the International Convention on Civil Liability arising from Damage due to Hydrocarbons, 1992 (Civil Liability Convention, 1992) and the International Convention on Civil Liability, born of Damage due to Pollution by Hydrocarbons for Ship Fuel (BUNKERS, 2001). In this way, the extensive application of international principles to the alleged pollution damage is achieved, other than those specifically covered by the uniform law in force.

Likewise, Spain's membership of the European Community area carries greater demands on the responsibility for marine pollution. This leads to the full application of the environmental principles enshrined in Article 191 of the Treaty on the Functioning of the European Union, which will mean greater quality in the field of environmental protection. construction and maintenance of ships to make it more difficult to process pollution, and an allocation of responsibility to the cause in line with the principles of "prevention at source" and "polluter pays".

IX

Title VII, which deals with the limitation of liability, simplifies previous regimes-internal and international-rather more confusing. It does so from the Convention on the Limitation of Liability for Claims of Maritime Law, made in London on 19 November 1976 (CMLR/LLMC), as amended by the Protocol of 1996, the regime of which is completed in this Title. The so-called baremus or tariff system, which is now followed, does not present any major application difficulties and offers superior legal certainty.

With the exception of naval artifacts and fixed platforms, the limitation of liability is an invocable right in any proceeding. Its rationale is objective (when referring only to certain credits) and does not generate a presumption of responsibility when it is used. The vessels may ask for it, opting for the global title or the specific ones that may assist them because of contracts for the use of the vessel (as a freight carrier or as a passenger carrier) or for other conventions. specific. The appropriations liable to cover the limitation are defined positively and negatively in this title and the maximum amounts and the main rules for that exercise of the right are established, replacing the pro rata in the case of concurrency different creditors, in order to give absolute priority to the claims of public ownership relating to damage to the maritime or port demanium. The articulation of the limitation fund, which must be effective in this regulation, serves as a closure to the discipline.

X

In the treatment of maritime insurance, which is included in Title VIII, we have followed, for practical reasons, the models of policies and clauses of the Anglo-Saxon type, but under conceptual molds more typical of our tradition legal. The preferentially dispositive significance of its rules, which is required by the European Union law on the insurance of major risks, is due to the equivalent position of force enjoyed by both contracting parties. With regard to its scope, this insurance covers the damage caused by sea shipping, assuming that the contract for which it is a holder of interest is always concluded and, in the case of helmets, the value of the contract is also estimated The insured person is listed in the policy. On the other hand, the validity of multiple insurance does not depend on the fact that it is concluded by the same taker and in relation to the co-insurance law, the law clearly establishes the full procedural legitimacy of the head or the policyholder to act actively or passively on behalf of all co-insurers.

Insured risks are delimited by pact. Unless otherwise agreed, they do not cover the extraordinary (belic and similar), nor the own vice, the natural wear (with some particularity for the ship insurance) and the serious fault of the insured (the dolo is never covered and, to these effects, the serious fault of the insured includes that of the dependent on land, to whom the maintenance of the insured object is incumbent). They have rules of their own the contracts of insurance concluded on good or bad news, as well as the contracted ones after the termination of the risk or already produced the sinister, making to depend the law its validity of the subjective state of knowledge that the parties are all aware of.

The taker corresponds to the duty of exact declaration, while the insurer is responsible for compensating the damage produced, and the accident can be settled by the double track of the procedure of failure or the system of abandonment that the law makes it possible to perform the non-transmission of the insured object or its remains to the insurance company. Settlement can be made out of court by means of breakdown liquidators.

In the treatment of the singular branches of maritime insurance the law incorporates as novelty the insurance coverage of the civil liability of the shipowner, which follows the Law of Contract of Insurance and which is articulated, moreover, as In the cases in which this Law on Maritime Navigation imposes the contracting of compulsory insurance to be granted under its own specific regime, this is in the case of civil liability for pollution and for damage to passengers.

The law sanctions, with an unavailable character, the direct action of the injured person against the insurer to demand the fulfillment of the obligation to indemnify. The insurer may object to the claim for liability limitations (for maritime credits under Title VII) or even for the limitation of debt (that of the holder of persons or things) that the insured person may have wielded for his or her to the claimant.

XI

On the basis of the rules of Law 1/2000, of January 7, of Civil Procedure, Title IX of the law deals with "procedural specialties".

Chapter I contains the so-called specialties of jurisdiction and jurisdiction, which, on the basis of the preferential application in this field, of the rules contained in the international conventions and the rules of the European Union, tries to avoid the abuses detected by declaring the nullity of the clauses of submission to a foreign jurisdiction or arbitration abroad, contained in the contracts of use of the ship or in the auxiliary contracts of the navigation, where they have not been individually and separately negotiated.

Chapter II contains the regime of the preventive ship embargo, which refers to the International Convention on the Precautionary Embargo of Ships, made in Geneva on 12 March 1999, the rules of which are to be completed. The effective detention of the ship (through the Maritime Capitaine) is assured, without the need to credit the maritime credit or the danger due to procedural arrears and the urgency (which is presumed), referring in all the non-specific to the Law of Civil Prosecution. The competent jurisdiction to decree the embargo shall be, at the choice of the actor, that of the port of stay of the vessel, the one in which his or her arrival or the court is expected to be known for the principal claim.

According to the criterion of not reiterating in the law what is already provided for in the international conventions, this regulation of Chapter II is limited to completing the procedural specialties. These include the setting of the criteria which will serve the court to determine the amount of the guarantee which will be required to decree the embargo, which at least will be 15% of the amount of the maritime credit.

In Chapter III it is regulated, from the regime of the Convention on the Maritime Privileges and the Naval Mortgage of 1993, the forced sale of the ship, whether judicial or administrative, articulating as a kind of "purge" regarding of all the levies that could weigh on it. It is based on an adequate system of advertising and notifications-which in the case of carrier mortgages and unknown holder privileges are only possible in favor of those who have communicated the existence of the credit-before proceeding to the Disposal. According to the Law on Civil Procedure, the sale can be managed directly by a specialized and knowledgeable person on the market, dispensing with the auction. When the limitation is invoked, the corresponding background shall be constituted in parallel.

Chapter IV regulates the procedure to limit liability for maritime credits, which is hitherto lacking in regulation in our legal order.

XII

The updating of the general regime applicable to maritime traffic also allows for the updating of the cases of voluntary jurisdiction in Title X, eliminating those who had lost their reason for being, as is the case the case of the authorisation for the unloading of the vessel, the obligations arising from the contract of maritime transport or the opening of hatches. This purging part of a new conception that includes in the voluntary jurisdiction only the files that have been entrusted to the courts.

The protest of sea and incidents of travel, the liquidation of the gross breakdown, the deposit and sale of goods and luggage in the sea transport and the disposal of altered or damaged mercantile effects are the only ones that maintain. And, as a novelty, a new file is introduced, relating to the loss, subtraction or destruction of the bill of lading. Its handling and resolution are attributed to notaries and are referred to as public certification of maritime law cases.

XIII

The final provisions come, finally, to address the needs for harmonisation with other rules of the new Maritime Navigation Law, as is the case with consumer, electronic procurement, warships or the protection of historical vessels as part of the cultural heritage of Spain. To this end are also amended Law 1/2000, of January 7, of Civil Procedure and the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September. And, even in the future, changes are foreseen that may require the entry into force of the Rotterdam Rules or other specific issues are addressed for better implementation of the new regulation.

INDEX

Preliminary Title. General provisions. Items 1 to 3.

Title I. Of the administrative management of navigation. Articles 4 to 55.

Chapter I. Of the scope of enforcement of police rules. Articles 4 to 6.

Chapter II. The arrangements for the stay in inland waters and in port. Articles 7 to 18.

Chapter III. Of the general system of maritime navigation. Articles 19 to 36.

Chapter IV. The right of innocent passage through the territorial sea. Articles 37 to 47.

Chapter V. Of the right of persecution and visitation. Articles 48 and 49.

Chapter VI. Of foreign State vessels. Articles 50 to 55.

Title II. Of the vehicles of navigation. Articles 56 to 144.

Chapter I. Of ships, vessels, and naval vessels. Articles 56 to 64.

Chapter II. The registration and documentation of the vessels. Articles 65 to 87.

Section 1. Of the inscription in the Ship Section of the Furniture Register. Articles 67 to 77.

Section 2. of the national ship documentation. Articles 78 to 87.

Chapter III. Of the nationality of the vessels. Articles 88 to 96.

Chapter IV. For the safety of ships and classification societies. Articles 97 to 107.

Chapter V. Of the shipbuilding contract. Articles 108 to 116.

Chapter VI. Of the sale. Articles 117 to 121.

Chapter VII. Of the guarantee rights on the vessel. Articles 122 to 144.

Section 1. Of the maritime privileges. Articles 122 to 125.

Section 2. Of the naval mortgage. Articles 126 to 144.

Title III. Of the subjects of the navigation. Articles 145 to 187.

Chapter I. Of The shipowner. Articles 145 to 149.

Chapter II. From the naval condominium. Articles 150 to 155.

Chapter III. From the envelope. Articles 156 to 187.

Section 1. Of title, certification and inspection. Articles 165 to 170.

Section 2. Of The Captain. Articles 171 to 187.

Title IV. Of the contracts for the use of the vessel. Articles 188 to 313

Chapter I. Of the ship lease agreement. Articles 188 to 202.

Chapter II. From the charter contract. Articles 203 to 286.

Section 1. General Provisions. Articles 203 to 210.

Section 2. Of the carrier's obligations. Articles 211 to 228.

Section 3. Of the charterer's duties. Articles 229 to 238.

Section 4. Of the plate and delays. Articles 239 to 245.

Section 5. Of the bill of lading. Articles 246 to 266.

Section 6. Of the multimodal transport document. Article 267.

Section 7. Of the shipping cards. Articles 268 to 271.

Section 8. Of the early termination of the contract. Articles 272 to 276.

Section 9. Of the carrier's liability for loss, damage or delay. Items 277 to 285.

Section 10. Of the prescription. Article 286.

Chapter III. Of the contract of passage. Items 287 to 300.

Chapter IV. Of the towing contract. Items 301 to 306.

Chapter V. Of the nautical lease. Articles 307 to 313.

Title V. Of the auxiliary contracts of navigation. Articles 314 to 338.

Chapter I. Of the naval management contract. Articles 314 to 318.

Chapter II. Of the contract for the consignment of vessels. Articles 319 to 324.

Chapter III. Of the pilotage contract. Articles 325 to 328.

Chapter IV. Of the port handling contract. Articles 329 to 338.

Title VI. Of the accidents of navigation. Articles 339 to 391.

Chapter I. Of The Approach. Articles 339 to 346.

Chapter II. From the thick breakdown. Articles 347 to 356.

Chapter III. From the salvage. Articles 357 to 368.

Chapter IV. Of the shipwrecked or sunken goods. Articles 369 to 383.

Section 1. Of Property Rights. Items 373 to 375.

Section 2. Of The Extractor Regime. Items 376 to 383.

Chapter V. Of civil liability for pollution. Articles 384 to 391.

Title VII. Of the limitation of responsibility. Items 392 to 405.

Chapter I. General provisions. Articles 392 to 395.

Chapter II. Of the limited appropriations. Articles 396 to 397.

Chapter III. Of the maximum amounts of compensation. Items 398 to 402.

Chapter IV. Of the limitation fund. Articles 403 to 405.

Title VIII. Of the maritime insurance contract. Articles 406 to 467.

Chapter I. General provisions. Articles 406 to 407.

Chapter II. Of the provisions common to the various types of maritime insurance. Articles 408 to 438.

Section 1. Of the insured interests. Articles 408 to 412.

Section 2. Of the insured value, multiple insurance, and coinsurance. Articles 413 to 416.

Section 3. Of the risks of navigation. Articles 417 to 420.

Section 4. Of the conclusion of the contract and the duties of the contractor. Articles 421 to 428.

Section 5. Of the indemnity. Articles 429 to 437.

Section 6. Of the prescription. Article 438.

Chapter III. Of the special provisions of certain classes of insurance. Articles 439 to 467.

Section 1. Ship insurance. Articles 439 to 452.

Section 2. Of Goods Insurance. Articles 453 to 462.

Section 3. Of Civil Liability Insurance. Articles 463 to 467.

Title IX. Procedural specialities. Items 468 to 500.

Chapter I. Of the specialties of jurisdiction and jurisdiction. Articles 468 to 469.

Chapter II. The preventive ship embargo. Items 470 to 479.

Chapter III. Of the forced sale of ships. Items 480 to 486.

Chapter IV. The procedure for limiting liability for maritime credits. Items 487 to 500.

Title X. Public certification of certain maritime law files. Articles 501 to 523.

Chapter I. General provisions. Articles 501 to 503.

Chapter II. From the protest of the sea and the incidents of the trip. Items 504 to 505.

Chapter III. From the gross breakdown settlement. Articles 506 to 511.

Chapter IV. The deposit and sale of goods and luggage in the sea transport. Items 512 to 515.

Chapter V. Of the file on the loss, removal or destruction of the bill of lading. Articles 516 to 522.

Chapter VI. From the disposal of altered or damaged mercantile effects. Articles 523 to 524.

Additional disposition first. Updating of alternative amounts and guarantee mechanisms.

Additional provision second. Competent bodies for the determination of awards and remuneration for saves and trailers.

Additional provision third. Electronic procurement.

Additional provision fourth. Actions of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

Additional provision fifth. Alternative dispute resolution systems with consumers.

Additional provision sixth. Spanish warships.

Additional provision seventh. Continental Shelf.

Additional disposition octave. Historical vessels and replicas.

Additional provision ninth. Special provisions on air navigation.

Additional provision 10th. Notarial and registration fees.

First transient disposition. Records of saves, trailers, finds and extractions.

Second transient disposition. Arrangements for shipping entities on the basis of tonnage.

Single repeal provision. Repeal of rules.

Final disposition first. Rotterdam rules.

Final disposition second. Reform of Law 1/2000, of January 7, of Civil Procedure.

Final disposition third. Modification of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September.

Final disposition fourth. Amendment of Law 14/2000 of 29 December of Fiscal, Administrative and Social Order Measures.

Final disposition fifth. Amendment of the first Section of the Health Services "Health Rights on Air Traffic and Air Traffic" section annexed to Decree 474/1960 of 10 March on the validation of fees for health services.

Final disposition sixth. Competitive titles.

Final disposition seventh. Clause relating to Gibraltar.

Final disposition octave. Section of Ships of the Register of Furniture and Registry of Ships and Shipping Companies.

Final disposition ninth. Enabling the Government.

Final disposition tenth. Enabling the Government to amend Title II of Law 60/1962 of 24 December on the regime of aid, saves, trailers, findings and maritime extractions.

Final disposition eleventh. Referral to the Law Project Courts.

Final disposition twelfth. Entry into force.

PRELIMINARY TITLE

General provisions

Article 1. Object and scope of application.

1. The purpose of this law is the regulation of legal situations and relationships born on the occasion of maritime navigation.

2. In addition to the waters of the sea, maritime navigation is also considered to be carried out by the waters of rivers, canals, lakes, or natural or artificial reservoirs, when they are accessible to ships from the sea, but only to the extent that the effect of the tides is made sensitive, as well as in the navigable sections of the rivers as far as ports of general interest exist.

3. Outside the cases referred to in the previous paragraph, inland waterway navigation shall be governed by the legislation governing the public hydraulic domain and by the other provisions applicable to it.

Article 2. Sources and interpretation.

1. This law shall apply as long as it does not object to the provisions of international treaties in force in Spain and the rules of the European Union governing the same subject.

In an extra way it will be to the laws and regulations complementary and to the uses and customs relating to the marine navigation. In the absence of all this and as soon as the analogy cannot be applied, the common law will apply.

2. In any case, for the interpretation of the rules of this law, the regulation contained in the international treaties in force in Spain and the desirability of promoting uniformity in the regulation of the subject matter of the law will be addressed.

Article 3. Navigation of ships of state and war.

1. The provisions of this law shall not apply to ships and vessels of State, including those of war, unless otherwise provided for.

2. State vessels and vessels are affected by National Defense or other public ownership or public use, provided that they provide exclusively non-commercial public services.

3. Ships of a State assigned to the Armed Forces, which bear the distinctive outward signs of the warships of their nationality and who are under the command of an officer duly appointed by the Government of their State, whose name is registered in the official scale or in an equivalent document and whose endowment is subject to the discipline of the regular Armed Forces.

TITLE I

From the administrative sorting of the navigation

CHAPTER I

From the scope of the police rules

Article 4. Spatial scope of application.

1. The police rules of navigation contained in this Title shall apply to all vessels in maritime spaces in which Spain exercises sovereignty, sovereign rights or jurisdiction.

2. The provisions of the above paragraph are without prejudice to the powers which may be conferred on other States in accordance with the applicable treaties, as well as those laid down in this law for warships and other State vessels.

Article 5. Application to national ships.

1. National vessels shall be subject to the provisions of this Title irrespective of where they are located and without prejudice to the powers which, under the applicable treaties, correspond to other coastal or Member States. port.

2. With the exception of warships, this Title shall apply to national vessels, without prejudice to existing provisions and provisions which may be laid down in a regulation, in particular with regard to: provided for in Articles 7, 8, 10, 16 and 17, or others which may result from the correct performance of the powers concerned with public security or the surveillance and repression of illicit activities.

Article 6. Application to ships and naval artifacts.

1. The rules of this title relating to vessels shall also be construed as applying to naval artifacts in so far as they are in conformity with their nature and activity.

2. Unless otherwise specified, it shall be understood that these rules apply to vessels as well.

3. Regulations shall be regulated in this field for vessels and craft or recreational craft, as well as for other vessels which, for their specific functions, so require.

CHAPTER II

From the regime of stay in sea and port inland waters

Article 7. Port entry.

1. All ships will be able to enter the Spanish ports open to national and international maritime navigation, subject in any case to the requirements contained in this law and to the other of the port legislation, security, customs, of foreign and immigration, police, health, environmental and fisheries, as well as established operating conditions.

2. The entry of vessels in the Spanish ports may be prohibited or conditioned for reasons of emergency or specific risks to public health, safety of navigation, protection of traffic and port facilities, repression of illegal fishing or environmental sustainability, as provided for in the applicable legislation.

3. The authorization to enter port shall be granted by the port administration, at the request of the shipowners, vessels, captains or consignors, and shall be subject to compliance with the legislation and other regulations referred to in this Article. previous paragraphs.

Article 8. Port closure.

1. It is up to the corresponding Harbour Authority, in accordance with the current regulations, to order the temporary closure of ports and terminals to the navigation of ships, prior to the report of the Maritime Captaincy, as well as to adopt the precise measures for to give such decisions due international publicity.

2. The Maritime Administration may provisionally propose the prohibition of navigation at ports and in its access channels, as well as the entry and exit of ships, when advised by meteorological or hydrographic conditions, there are obstacles to navigation or medial reasons for protection, emergency, public or environmental security or public order.

3. Such a proposal for a prohibition may also be made or conditional on ships which, for the purpose of presenting serious navigability deficiencies, may constitute a danger to the safety of persons or property or of the environment.

Article 9. Forced arrival.

1. Irrespective of the provisions of Articles 186 and 187, in the case of forced arrival, the shipowner, captain or consignee shall inform the Maritime Administration of its causes, which shall verify the reasons for the application and shall state the reasons for the formalities and special requirements which, where appropriate, must be met for such cases.

2. The Maritime Administration may impose requirements and conditions for entry into ports or places of refuge for potentially polluting vessels in order to ensure the safety of persons, maritime traffic, the environment and of the goods.

3. The criteria, cases, procedures and other extremes necessary to develop the provisions of this Article shall be regulated.

Article 10. General regime of visit and stay.

1. The arrangements for the visit and stay of ships at ports and terminals for loading and unloading goods and baggage, and for the boarding and unloading of passengers and vehicles shall be governed by the provisions of the port legislation and the provisions of the the same as regulated in this law and in the other applicable laws and regulations.

2. Any foreign vessel must have a consignee at the national ports, with the exception of recreational craft, which may be directly represented by its owner or master. The same reporting obligation may be regulated for national vessels.

Article 11. Stowaways.

1. The master of any vessel that is heading to a Spanish port shall inform the Maritime Administration in good time of the presence of stowaways on board. It shall also take appropriate measures to keep them on board in decent conditions until their arrival in port and, where appropriate in accordance with the rules on immigration and immigration, to the authorities. competent.

2. In case of landing of the stowaways for being their situation on the inhuman or degrading vessel, or for specifying medical or humanitarian assistance, or for repatriation of the same by the competent authorities, the shipowner and the The consignee of the vessel which would have transported them shall be jointly and severally obliged to satisfy the cost of their maintenance, accommodation, legal assistance and interpreter, and repatriation by the competent authorities. In order to ensure compliance with this obligation, the Maritime Administration may order the provision of a sufficient guarantee for the retention of the vessel in port.

3. The provisions of this Article are without prejudice to the criminal or administrative responsibilities which the captains or other members of the staff may incur when there is a connivance in the loading of stowaways or when they do not have adopted the measures referred to in paragraph 1.

Article 12. Jurisdiction over foreign vessels.

1. Except as provided for by State vessels, the civil and criminal jurisdiction of the Spanish courts shall be extended to all foreign vessels as long as they remain in the national ports or other maritime inland waters.

2. To this end, the judicial authority may order the practice on board the proceedings which are brought as well as the entry and registration on the vessel, including its cabins, without further requirement for the communication to the consul of the flag State to as soon as possible.

3. The jurisdiction of the Spanish courts will exist even after the foreign vessels have left the maritime inland waters and are sailing through the territorial sea, as well as when they are detained outside the sea. exercise of the right of persecution.

Article 13. Nuclear propulsion ships.

Without prejudice to the immunities applicable to ships of State, the system of navigation and entry and stay in port of nuclear-powered vessels shall be governed by the provisions of Law 25/1964 of 29 April 2001 on nuclear energy, and international treaties that are applicable.

Article 14. Vessels carrying radioactive substances.

1. Vessels carrying substances carrying radioactive or nuclear risks may enter the inland waters and visit the open ports in accordance with the technical and operational requirements laid down by the Commission. Government.

2. In particular, prior to the entry of the vessel into the port service area, the competent authorities of the Administration shall carry out checks on the ship's security documents, the dosimetric control and the other checks carried out by the vessel. protection of the environment, and may carry out additional checks during the ship's stay in port.

3. If, as a result of control or any other cause, it is determined that the ship's stay may have dangerous effects, the services of the Maritime Administration shall order the vessel to leave the inland waters within a period of time. determined.

Article 15. Vessels carrying dangerous goods.

1. The handling and transport of dangerous goods shall comply with the requirements of the applicable international instruments on this subject, including the codes of the International Maritime Organisation mandatory.

2. The special conditions for the entry and stay in port of the vessels carrying these goods, as well as for their admission, handling and storage both on board and on the ground, shall be determined.

Article 16. Docking, mooring and anchoring of inactive vessels.

1. The Port Authority shall authorise, in safety conditions to be determined by the Maritime Administration, the docking, mooring or temporary anchorage of inactive vessels designating the place, period and other conditions of residence, provided that prejudice the safety of navigation and port operations or constitutes a danger to persons, property or the environment.

2. In any event, the Maritime Administration shall fix the security envelope and may require sufficient security to cover any damage or damage caused during the time of the docking, mooring or anchorage and, where appropriate, the necessary costs. for the subsistence of the persons on board.

Also, the Maritime Administration will exercise the functions that correspond to the Port Authority, outside the port waters.

3. If the ship will at any time constitute a danger, the regulations of ports of the State and merchant marine on the removal of shipwrecked or sunken ships will be applied.

Article 17. Use of radio-electronic means on board.

The use of radio-navigation or radio-communication vessels during their stay in inland waters and ports shall be subject to compliance with the rules to be laid down in regulation.

Article 18. Ship dispatch.

1. In order to be made to the sea or, in general, to undertake the navigation, every ship requires the prior authorization of departure, which will be granted by the Maritime Administration and will be called "dispatch", without prejudice to the necessary prior authorizations it is appropriate to grant to other authorities and to self-dispatch cases by the master and other arrangements to be regulated.

2. The dispatch shall be granted, at the request of the shipowner, master or consignee, provided that the General Declaration is presented and the vessel has in rule the remainder of the documentation and certificates required. The office may be refused only by reason of legal or regulatory grounds, by court order or at the request of a competent authority.

3. The system of dispatch of ships shall be regulated.

4. The Regulation shall provide for a simplified regime for vessels and recreational craft for vessels engaged exclusively in maritime inland waterway navigation and for all those engaged in short and high rotation journeys.

CHAPTER III

From the general maritime navigation regime

Article 19. General regime of navigation in the Spanish maritime spaces.

The navigation of the Spanish maritime spaces either to cross them in lateral passage or to enter or to leave the ports or terminals of the national coast will be adjusted to the forecasts of the Convention of the Nations United on the Law of the Sea, signed in Montego Bay on December 10, 1982, respecting in any case the restrictions and requirements laid down in this law and whatever comes under the law on security, defense, customs, health, immigration and immigration.

Article 20. Exceptions to the general system of navigation in Spanish maritime spaces.

1. The Maritime Administration may condition, restrict or prohibit, for reasons of safety and maritime security, the navigation in certain places of the Spanish maritime spaces, in particular in the cases of exercises and naval operations of the Armed Forces or whenever the passage of foreign vessels by the territorial sea is not innocent.

The measures provided for in the preceding paragraph may also be adopted for reasons of conservation of marine biodiversity or underwater cultural heritage, where the competent authorities have so requested in application of the existing legislation, subject to the procedures contained in the international conventions.

2. Such measures may also be adopted by the competent ministries, without discrimination of the flag and in respect of certain categories of vessels, where this is necessary to prevent the conduct of illicit activities or the exercise of any prohibited traffic.

3. Regulations may also lay down restrictions or restrictions on underwater activities for reasons of conservation of marine biodiversity or the underwater cultural heritage for the prevention of the performance of activities illicit.

Article 21. Detention and anchorage.

1. The right to sail shall not include the right to stop or to anchor outside the service areas of the ports, except in cases of force majeure, express authorisation of the Maritime Administration or in the case of vessels and vessels engaged exclusively recreation which is stopped for such purpose in bathing or bathing areas, provided that they are not in a position to be placed on the market and do not endanger the safety of human life at sea or in navigation.

2. Ships forced to stop or anchor in case of danger or force majeure shall communicate those circumstances immediately and by any means to the nearest Maritime Administration.

Article 22. Exhibition of the pavilion and submarines.

1. Ships sailing through Spanish maritime spaces must be registered in a single State and bear their name and port of registration. They shall also bear their flag in place where they are either navigated by the sea inland waters or they are in port or national terminal.

2. Foreign vessels, other than war vessels, shall fly the Spanish flag, together with their own, in accordance with international maritime uses.

3. Foreign submarine vessels and other submersible vehicles shall sail on a surface and with their flag deployed when they sail through the inland waters and the Spanish territorial sea.

Foreign submarines sailing submerged will be invited and, if necessary, forced to emerge. In the event of impairment due to breakdown, they shall be required to identify it by all means possible.

4. Regulations may provide for exemptions from the obligation for vessels to display marks, name and flag.

Article 23. Special navigation arrangements for the adjacent area.

1. In the contiguous zone, the State shall exercise control over foreign vessels in order to prevent violations of customs, fiscal, health and immigration laws and regulations that may be committed in the national territory and in the the territorial sea, as well as its criminal and administrative jurisdiction, in order to punish the perpetrators of the violations of those legal norms.

2. Unauthorised extraction of archaeological and historical objects found in the bed or subsoil of the waters of the adjacent area shall be regarded as an infringement of the laws and regulations referred to in the preceding paragraph, as well as of the subaquatic cultural heritage regulations.

Article 24. Navigation of fishing vessels.

1. The navigation of national fishing vessels shall, in addition to the general rules of this law, be subject to the special requirements laid down in the fisheries legislation.

2. The fishing by foreign vessels in the Spanish sea inland waters and in the waters of Spain shall be prohibited, unless expressly authorised by the competent authority and without prejudice to the provisions of European Union law and the applicable treaties. the territorial sea. No innocent step shall be deemed to carry out any fishing activity carried out by such vessels in the territorial sea.

3. The Government shall ensure that, when foreign vessels exercise their rights and fulfil their duties in the exclusive economic zone, they duly take into account the rights of the State and comply with the provisions of this law and those of the law. fisheries, which are in conformity with the law of the European Union and international.

4. With the exception of the authorisation of the fisheries administration, foreign vessels in transit through the Spanish maritime spaces shall not have their fishing gear in a state of operation or immediate operation.

Article 25. Navigation of research vessels.

1. The carrying out of scientific research activities from foreign vessels in Spanish maritime spaces, as well as those carried out by foreign entities on board Spanish vessels in those areas, is subject to authorisation by the Competent administration, in accordance with the regulatory procedure.

2. In any event, the authorization will be conditional on the research being carried out exclusively for peaceful purposes and report on its results, contribute to the progress of the knowledge on the marine environment and not be dangerous for the safety the exercise of the sovereign rights and the jurisdiction of the State shall not be hindered or impeded by the exercise of the right of navigation or the environment.

3. Unauthorised investigation may not be considered to be included in the right of innocent passage through the territorial sea.

Article 26. Cessation of research activities.

The authorising administration, by means of a reasoned decision, may order, at any time and without any right of compensation for the investigators, the suspension or cessation of the research activities by non-compliance with the conditions set out in the authorisation granted.

Article 27. Rules of course and governance and navigation in ice-zone.

1. All vessels, without exception, must adjust their navigation to compliance with the rules of lights, signals, direction and governance contained in the applicable regulations, in particular in the International Regulations to prevent the boarding of the sea.

2. The master of any vessel who has been informed of the presence of ice in his or her defeat, is obliged, during the night, to sail at a moderate speed or to modify his defeat to distance himself from the dangerous zone.

Article 28. Advertising of hazards and aids to navigation.

1. The competent administration shall be responsible for the establishment and maintenance of the maritime signalling, as well as for the dissemination by radio-periodic nautical warnings of those transitional circumstances which present an imminent danger. for navigation.

2. The Ministry of Defence will be responsible for the elaboration and publication of the nautical letters and the accompanying publications (Book of Derroters), for the dissemination of all information on the various systems of aid to the navigation (Book of Fars and Signs of Niebla and Book of Radiosals), as well as to keep them updated by the periodic publication of the Notices to the Navigants.

Article 29. Notices of captains.

1. The masters of the vessels are obliged to inform the Maritime Administration of the deficiencies or deficiencies which they warn in the sea signs and in other aids to the navigation and to give notice of the ice or derrelictos that warn in their travel and may pose an immediate danger to navigation.

2. The captains shall also be required to give notice in the event that they are in extraordinary time and any other causes that pose a danger to the navigation.

Article 30. Systems of organisation and systems of maritime traffic.

1. In the interests of the safety of navigation and in accordance with the applicable international standards, the Government shall establish the procedure, according to which they shall be designated, replaced or deleted, in the Spanish maritime spaces, the systems of the organisation of maritime traffic and mandatory reporting for ships and maritime traffic systems.

2. Such systems shall be of compulsory use for all vessels once they have obtained the international approval and publication which, where appropriate, is necessary.

3. In any event, maritime traffic systems may only be of compulsory employment when they are located in inland waters or in the territorial sea and, in the event of approval by the International Maritime Organisation, in the area exclusive economic.

Article 31. Special rules for naval artifacts and fixed platforms.

1. The placement of naval devices and artificial fixed platforms or structures in the Spanish navigation areas shall be duly made in accordance with the indications of State Ports.

2. In the case of such devices or platforms, navigation safety zones shall be established in a radius not exceeding five hundred metres from their external edge, but may go further when complying with international standards, which, If applicable, they are applicable.

3. In the event that such facilities are located in port waters, it will be up to the Port Administration to exercise such functions.

Article 32. Plans for preparation and the fight against pollution.

The Maritime Administration will establish a national plan for the preparation and fight against marine pollution to deal promptly and effectively with oil or other substances contamination. harmful or potentially dangerous.

Article 33. Obligation to notify acts of contamination.

1. The masters of the national vessels shall notify the Spanish Maritime Administration and the competent authority of the nearest coastal State without delay of any event of contamination by oil or harmful substances or potentially hazardous to those with knowledge during navigation, in accordance with procedures to be determined in a regulated manner.

2. The same obligation shall apply to the masters of foreign vessels sailing in the Spanish maritime spaces.

Article 34. International collaboration.

1. Without prejudice to the specific treaties applicable, where the Spanish Maritime Administration is required by another coastal State in whose waters pollution acts have occurred, it shall cooperate with the authorities of that State. State where possible and reasonable.

2. Assistance may consist of participation in operations to combat pollution or intervention in the investigation of the accident and the inspection of documents or of the vessel allegedly responsible for the operation. pollution, when it is found in a port or in domestic sea inland waters. Such assistance shall also be provided at the request of the flag State.

3. Where there is a real danger of contamination in the Spanish maritime spaces, which may be extended to the waters of another State, the latter shall be immediately informed.

4. The collaboration provided for in the preceding paragraphs may in any case be subject to the principle of reciprocity.

Article 35. Special measures to be taken in the adjacent area.

1. Provided that the competent public authority is aware that a foreign vessel situated in the adjacent area has infringed, is in breach of or intends to infringe the laws and regulations referred to in Article 23, it shall be entitled to Intercept, request information, or perform appropriate inspection.

2. Where necessary, it may take other measures which are necessary and proportionate to prevent or punish the infringement, including detention and driving to port.

Article 36. Unjustified detention and compensation.

1. The Maritime Administration will do its utmost to prevent ships from being made redundant or unnecessary delays because of the measures taken in accordance with this chapter.

2. The unnecessary detention or delay referred to in the previous paragraph shall force the Administration responsible for the measure to compensate for the damage and damage that has been proven.

CHAPTER IV

The right of innocent passage through the territorial sea

Article 37. Right of innocent passage.

1. The territorial sea navigation of all foreign vessels, including those of the State, shall be subject to the regime of innocent passage.

Navigation across the Strait of Gibraltar shall be governed by the provisions of Part III of the United Nations Convention on the Law of the Sea of 1982.

2. To this end, the passage must be fast and without interruption, without attacking the peace, the public order or the security of Spain.

3. The detention and anchorage during the passage shall be carried out in accordance with the provisions of Article 18 of the United Nations Convention on the Law of the Sea and Article 21 of this Law.

Article 38. Compliance with laws and regulations.

Ships exercising the right of innocent passage through the territorial sea will be obliged to respect the United Nations Convention on the Law of the Sea, as well as the provisions of this law and other laws and regulations. regulations on navigation, foreign and immigration, customs, health and other public security, relating to the protection of the marine environment and the underwater cultural heritage.

Article 39. Prohibitions.

1. In addition to the assumptions provided for in the United Nations Convention on the Law of the Sea and other applicable international conventions and except for the authorisation of the Maritime Administration, they are deemed not to be innocent and shall be prohibited to foreign vessels in transit through the territorial sea, marine scientific research, the carrying out of underwater activities, as well as those that may be able to break down cables, underwater pipes or installations and equipment at the service of navigation, of the research, measurement of the environment or the exploitation of marine resources.

2. The passage of foreign vessels by the territorial sea shall not be deemed to be innocent when carrying out any act of intentional and serious contamination.

Nor will the passage of ships whose status of failure or whose conditions of navigability assume a serious threat of production of serious damage to the environment be rejected.

3. The use of auxiliary vessels, except in the case of a disaster or for search and rescue operations, the emission of sound or light signals, other than those provided for in the safety rules and regulations, shall also be prohibited. and maritime signage and prevention of approaches, and any other activities that are not directly related to the step.

4. The previous prohibitions shall also apply to inland sea waters, in accordance with the provisions of the rules applicable to them.

Article 40. Vessels carrying special risks.

1. Vessels carrying radioactive substances or other dangerous or harmful substances shall have on board the documents and observe the special precautionary measures provided for in the applicable treaties.

2. Such vessels shall carry out their passage through the tracks, devices and systems established in accordance with Article 30 and to follow the special navigation instructions which may, where appropriate, be submitted by the Maritime Administration.

Article 41. Levies on foreign vessels.

Foreign vessels will only be obliged to pay the services they have been given during their passage through the territorial sea. In accordance with the provisions of the port legislation, all ships in their passage through the territorial sea shall be deemed to use the maritime signalling service.

Article 42. Suspension of the innocent step.

1. In order to protect the general interests and, in particular, to ensure the safety of navigation, the Government may suspend, temporarily and without discrimination between pavilions, the innocent passage in certain areas of the territorial sea.

2. The Government shall ensure that the adoption of such measures reaches due international publicity.

Article 43. Exercise of civil jurisdiction.

1. Foreign vessels passing through the territorial sea may not be detained or diverted to exercise civil jurisdiction in respect of persons on board.

2. Precautionary or executive measures may be taken in respect of such vessels where they have been detained or have voluntarily anchored during their passage through the territorial sea, as well as those who sail through the territorial sea after they have been detained. abandoned the maritime inland waters of the State.

3. Such measures may also be taken in respect of ships in a lateral way, but only because of the obligations acquired and the responsibilities in which they were incurred during their time.

Article 44. Exercise of criminal jurisdiction.

The Spanish criminal jurisdiction in relation to foreign vessels located in the Spanish territorial sea shall be governed by the provisions of the Organic Law of the Judiciary and the applicable treaties and, in particular, in the Article 27 (1) of the United Nations Convention on the Law of the Sea of 1982.

This does not affect the possibility for the competent Spanish courts to order arrests or conduct investigations on board a foreign vessel, in relation to a crime committed on board that vessel. during its passage, provided that it passes through the territorial sea from inland waters.

Article 45. Intervention at the request of the master or consul.

At the request of the master of the vessel or of a diplomatic or consular representative of the flag State, the competent Spanish courts may order the arrest or conduct of investigations in relation to offences which have been committed on board a foreign vessel.

Article 46. Notification to a diplomatic agent.

1. The competent judicial body shall notify a diplomatic or consular representative of the flag State, if possible before it is carried out, of the commencement of all proceedings and proceedings to exercise its jurisdiction. penalty.

2. Such notification shall also be made when the instruction is initiated at the request of the master of the vessel and pursuant to the provisions of the preceding article.

Article 47. Overflight of foreign aircraft.

By virtue of the provisions of treaties or conventions with other States or by special permission, the safe transit of foreign aircraft may be authorized on the suprayacent airspace to the sea and inland waters. the territorial sea.

CHAPTER V

The right of persecution and visitation

Article 48. Exercise of the right of persecution and visitation.

The rights of persecution and visitation shall be exercised by the causes and in the manner in which they are established in the United Nations Convention on the Law of the Sea and other international conventions that are applicable.

Article 49. Driving to a national port.

In accordance with the provisions of this chapter, the vessel, vessel or device arrested may be taken to the nearest Spanish port, for the purposes of carrying out the relevant instruction for the investigation of the facts, imposition of the sanction and requirement of the responsibilities which, where appropriate, correspond.

CHAPTER VI

From foreign vessels

Article 50. Immunity.

With the exceptions provided for in international law and in this law, foreign vessels shall enjoy immunity, subject only to the jurisdiction of the State of their flag.

Article 51. Navigation by sea inland waters and port entry.

1. Foreign warships may enter the sea inland waters and visit the open ports prior to authorization, in each case, from the Ministry of Defense, which shall be processed through diplomatic channels and in accordance with the provisions contained in this document. in the treaties concluded by Spain, without prejudice to its subjection to the requirements contained in this law and in the other of the port legislation. In the case of other ships of State, the authorisation of the Maritime Administration shall be sufficient, which shall be obtained in each case and in advance of the arrival of the vessel. The designation of the place of docking or anchorage shall be agreed with the corresponding Port Authority.

2. Except for the authorisations provided for in the previous paragraph, the case of damage, bad weather or other urgent and decisive cause of the need for forced arrival for safety reasons. In such cases, the master or commander of the ship must inform, without delay and by all possible means, the nearest organ of the Maritime Administration or the Navy, if it is a warship, and must follow its instructions to that the corresponding authorisation is processed through diplomatic channels.

3. In the case of a ship or a State submarine carrying out nuclear risks, the provisions of Articles 13 and 14 shall apply.

Article 52. Activities prohibited in the territorial sea.

The passage of foreign vessels by the territorial sea that will carry out maneuvers or other exercises with weapons of any kind, the collection of intelligence by means, will not be considered innocent. electromagnetic or the launch, reception or embarkation of any type of aircraft or military devices.

Article 53. State submarines.

In the territorial sea and in the sea inland waters, foreign submarines shall comply with the provisions of Article 22 unless they are duly authorised to participate in exercises or manoeuvres. military.

Article 54. Measures with regard to foreign vessels.

1. Foreign warships located in the Spanish sea and territorial waters and in violation of the provisions of this law will be required by the Navy to stop their attitude and, if necessary, to leave without delay such waters.

2. The flag State of the foreign vessel shall be liable for any loss or damage resulting from the failure to comply with national laws and regulations, in particular those relating to the passage through the territorial sea and the stay in the territory of the sea ports and other inland waters.

Article 55. Special regulations.

The Government will regulate the navigation, admission and permanence of foreign vessels in the Spanish maritime spaces, taking into account the forecasts contained in this law and in international law.

TITLE II

From navigation vehicles

CHAPTER I

Of ships, vessels, and naval artifacts

Article 56. Vessel.

A vessel is understood to be a vehicle with a structure and capacity to sail through the sea and to carry persons or things, which has a running cover and a length of 24 metres or more.

Article 57. Vessel.

A vessel is understood to be a vehicle that does not have a covered cover and that of less than twenty-four metres in length, provided that, in one and the other case, it is not regulated as a minor unit in respect of its propulsion or use characteristics.

Article 58. Naval artifact.

1. It is understood by naval artifact any floating construction with capacity and structure to house people or things, whose destination is not navigation, but to be situated in a fixed point of the waters.

2. It is also considered to be a naval device, the ship which has lost its status as such that it has been moored, stranded or anchored in a fixed place, and is intended, on a permanent basis, for activities other than navigation.

Article 59. Fixed platform.

1. A fixed platform means any structure or installation capable of operating operations for the exploitation of the natural resources of the sea or for any other activities, located on the sea bed, anchored or supported by the.

2. Because it is permanently attached to the bottom of the water, the fixed platform has the consideration of immovable property according to the Civil Code.

Article 60. Nature and identification of the vessel.

1. The ship is a movable movable property, composed of integral parts and belongings.

2. The elements constituting the structure of the vessel are integral parts, so that they cannot be separated from the ship without prejudice to its own entity.

3. Items intended for the service of the vessel in a permanent manner are belongings, but they do not integrate their structure.

4. The ship retains its identity even if its constituent parts or belongings are successively replaced.

5. The vessel is identified by its name, registration number, numbering of the International Maritime Organisation (IMO number), flag, tonnage and any other data that is regulated.

Article 61. Accessories.

The consumable items attached to the ship are accessories in a temporary way.

Article 62. Legal business and rights to the ship.

1. The legal business relating to the ship, the property and any other rights that fall upon it shall comprise its members and belongings, but not its accessories, unless otherwise agreed.

2. However, the property entered in the Register of Furniture in the name of a third party or whose domain has been acquired by him with a date prior to the corresponding legal business or tax-generating act is excepted.

Article 63. Acquisition of the vessel.

1. The acquisition of the ship, vessel and naval device must be stated in a written document and for the purpose of producing effects with respect to third parties, it must be entered in the Ship Section of the Register of Furniture under the documents provided for in Article 73.

2. The ownership of the ship will also be acquired for the possession of good faith, continued for three years, with just duly registered title. If any of these requirements are missing, then ten years ' continued possession will be required.

Article 64. Co-ownership of the navigation vehicles.

The ordinary co-ownership of the vessel, vessel, naval device or fixed platform shall be governed by the general provisions of Common Law, except in the case of a ship-and vessel-ship assumption which is shall be governed by the provisions of Chapter II of Title III

CHAPTER II

From ship registration and documentation

Article 65. Registration and registration.

1. The entitlements and levies on ships, vessels and naval vessels will be entered in the Ship Section of the Furniture Registry, in order to provide security to the legal relations of those.

2. The registration of a vessel or vessel corresponds to the Maritime Administration through the Registry of Ships and Shipping Companies and is intended to maintain the identification and administrative control of Spanish vessels and vessels. The Register of Ships and Shipping Companies and the Special Register of Ships and Shipping Companies will be governed by the provisions of this law and the Law of Ports of the State and the Merchant Navy, as well as in the corresponding regulations.

Article 66. Coordination between Records.

1. The seats to be used in the Ship Section of the Furniture Register shall be coordinated with the entries made on the seat sheet of the Register of Ships and Shipping Companies by means of communications to be submitted directly in the form that it is regulated to be determined.

2. The holders of both registers shall have competence only to issue certificates of the content which are their own seats, but not of those which consist of them by means of communications resulting from the obligatory coordination between both bodies. However, if one of them is asked to be certified in respect of the other, the application must be accepted and the competent register must be required to obtain it, in order to enable the applicant to obtain in a single body any the formal advertising referred to the vessel.

Section 1. Of the inscription in the Ship Section of the Register of Furniture Goods

Article 67. Applicable legislation.

The Furniture Registry, in its Ship Section, will be governed by the provisions of this law, its implementing regulation and other supplementary provisions and, in all cases, by the Law and the Mortgage Regulation, which shall apply as soon as they are applicable.

Article 68. Competence.

1. The Register of Furniture, in its Section of Ships, will be carried under the Ministry of Justice, will be in charge of a Registrar of the Property and Mercantile and will be located in the populations that will be determined in the demarcations registers.

2. The first registration of the vessels shall be carried out in the Register designated in the demarcation corresponding to the place of their registration and, that of the vessels under construction, in that of the demarcation corresponding to the place in which they are constructed.

3. The change of registration of a vessel shall not necessarily entail the registration of a vessel in another Register of the vessel in which it is registered.

Article 69. Goods entered.

1. All ships, vessels and naval vessels flying the flag of Spain shall be required to register in the Ship Section of the Furniture Register.

2. However, the registration of ships, vessels and public ownership artifacts will be a potential.

The registration of recreational or sports vessels and boats will also be a potential. Warranty rights, domain reservations and prohibitions on disposal, financial leases and other charges, including taxes on the same, shall only be oponable against third parties if they are entered in the Register of Goods. Furniture, in which case they must be registered without requiring more requirements than those laid down for the lodging of the guarantee in question. The registration in the Register of movable property of ships and pleasure craft seized or sequestered or administratively shall be carried out on the merit of the same judicial or administrative decision in which the embargo or the Prohibition to dispose.

Regulation may be excluded from the obligation to register in the Ship Section of the Register of Furniture certain vessels and artifacts which are already registered or entered in other lists or records.

3. Ships under construction will be able to register in any case, but their registration will be compulsory when they are to be mortgaged in accordance with the provisions of this law. For these purposes, a special book shall be carried out in the Bureau of the Bureau of the Register of Furniture Goods to register the acts and contracts relating to the vessels under construction until, when completed, they are transferred to the Book of Ships constructed in the the way it is determined to be regulated.

Article 70. Object.

1. The Ship Section of the Furniture Record will be taken by the actual portfolio system.

2. The purpose of this Register is to register or to record the acts and contracts relating to the domain and other real rights on ships. The constitution, amendment and cancellation of charges or limitations of disposal, judicial or administrative liens on ships or vessels, leases and other legal situations shall also be entered or recorded. which are to be determined in accordance with international conventions or special provisions.

Article 71. Enrollment and closing.

1. The first registration of each vessel in the Register shall be of domain and shall be carried out by virtue of the certification of the seat sheet issued by the Registry of Ships and Shipping Companies, accompanied by the acquisition title, which must be entered in any of the documents referred to in Article 73, except in the case of ships and recreational craft or sport vessels constructed in series or ships from countries whose laws do not require such a form of documentation.

2. In order for any other act, legal business or judicial or administrative decision relating to the vessel to be registered or entered in the Register, the person who grants it or the person against whom he or she is directed must be registered in advance. right.

3. Unless the Register is in force, the actual portfolio of the vessel shall be cancelled by a closing diligence following the last registration, carried out in accordance with the communication of the Register of Ships and Shipping Companies that it does Note the discharge of the vessel.

4. Regulations shall be regulated in the case of temporary flag-changing situations.

Article 72. Formal advertising.

1. The Buques Section of the Furniture Register is public. Any person may obtain information on the content of their seats in the form that is determined to be regulated.

2. The domain and the existence or freedom of cargo and charges of the vessels may only be credited to the detriment of the third party by certification of the registrar, except as provided in this law for the maritime privileges.

3. At the same time as the return of the securities entered, the registrar shall issue, in a separate document, a certificate of domain and charges.

Article 73. Principle of public qualification.

1. The registration in the Register shall be carried out by virtue of public deed, an interest-bearing policy, a firm judicial decision or an administrative document issued by an official with sufficient powers on the grounds of his office.

2. The Spanish notary or consul of Spain abroad who authorizes a public deed or intervenes a policy relating to ships, vessels or naval artifacts shall obtain from the Section of Ships of the Register of Furniture, with character prior to the granting, the timely information on the situation of domain and charges and must present it, directly or by testimony, in the form and by the means that are regulated.

Article 74. Principle of legality.

The registrars shall qualify under their responsibility the legality of the extrinsic forms of the documents of any class in whose virtue the registration is requested, as well as the capacity and legitimization of those who grant them or subscribe and the validity of their content, resulting from them and from the seats of the register.

Article 75. Principle of legitimisation.

The contents of the Register are presumed to be accurate and valid. The seats of the Registry are under the safeguard of the courts and produce all their effects as long as the judicial declaration of their inaccuracy or nullity is not entered.

Article 76. Principle of public faith registration.

Enrollment does not validate any acts or contracts that are null under the laws. The declaration of inaccuracy or nullity shall not prejudice the rights of third parties who meet the requirements laid down in Article 34 of the Mortgage Act.

Article 77. Principle of inopreadability.

Acts subject to registration that are not properly registered or annotated do not harm third parties in good faith.

Section 2. Of the national ship documentation

Article 78. Documentation of the national vessels.

1. In addition to certificates and documents relating to the safety of navigation, to the fight against marine pollution, to external health, to the customs procedure and to others which come in accordance with national legislation and conventions International in which Spain is a party, every national ship must carry on board the Certificate of Matriculation, the Patent of Navigation, the Role of Dispatch and Endowment, the Journal of Navigation, the Notebook of Machines and, if necessary, the Notebook of Logbook and Insurance Certificates, without prejudice to any existing or any existing or any of the foregoing be regulated in respect of ships of State and other specified categories of vessels.

2. The documents referred to in the previous paragraph shall be in accordance with the models approved by the Maritime Administration.

3. A simplified documentation scheme for recreational or sporting vessels and for vessels shall be established.

Article 79. Certificate of Matriculation.

The Matriculation Certificate will literally reflect the contents of the working seat in the corresponding sheet and must be renewed every time there is any modification. The Certificate certifies that the ship is legally registered in Spain and must be displayed at the request of the competent authorities of the national maritime administration, of the coastal State or of the State of the port.

Article 80. Navigation Patent.

The Navigation Patent credits the Spanish nationality of the ship and has been authorized to sail the seas by flying the national flag. It shall also legitimize the identity of the master or the person to whom the ship's command has been conferred.

Article 81. Dispatch and Dotting role.

1. The Dispatch and Endowment Role credits the vessel's journey, as well as the fact that it has undertaken prior compliance with all legal and regulatory requirements for its dispatch.

2. The Role of the Role will also express the identity, nationality, position on board, qualifications, certificates of training and dates of enrollment and unwinding of all the members of the endowment, in addition to the intended specialties Regulations in attention to the class of navigation.

Article 82. Navigation Journal.

In addition to the circumstances established in other laws and regulations, all relevant events have been recorded in the Journal of Navigation. In particular, note shall be taken of the acts of the master when acting in the exercise of public functions.

Article 83. Bitacora notebook.

On ships in which two or more bridge officers are to be wound up, a book, called the Bitacora Notebook, must also be taken, in which the pilots of the guard will record how many nautical and meteorological vicissitudes produce during navigation.

Article 84. Machine notebook.

In the Machine Notebook, the system of departure, maintenance, breakdowns, repairs and, in general, the number of events related to the operation of the machines and other elements and installations of the competence of the machine department.

Article 85. How to carry the books.

1. The Navigation Diaries and the Machines and Biters ' Notebooks must be stamped, stamped and sealed, sheet by sheet, by the authority of the Maritime Administration and must not contain interlineations, scrapes or amendments. The seats must be successive and dated, signed by the captain of the Journal of Navigation, by the pilots of the Cuaderno de Bitacora and by the head of the machine service of the Machines Notebook.

2. A system of carrying out the books may be established by means of computer support or other similar techniques.

Article 86. Conservation of the books.

1. The books referred to in the previous Article shall be kept for one year from the last seat practised, notwithstanding any change in the name, registration, ownership or flag of the vessel.

2. In the case of changes of ownership or flag, the books shall be deposited in the offices of the Maritime Administration of the last port of registration.

Article 87. Advertising the books.

The master shall issue a certified copy of the relevant Seats of the Navigation Journal to any person who claims a legitimate interest. In the event of a refusal, the person concerned may apply to the Maritime Captaincy in the area of which the vessel is located, or that of his/her registration, in order to oblige the master or shipowner to issue and deliver the copy concerned. The Captaincy shall deal with this application unless the applicant is patently lacking in legitimate interest.

CHAPTER III

From the nationality of the ships

Article 88. Flag carrier.

The flag is the act that grants the right to fly the Spanish pavilion. All vessels registered in the Register of Ships and Shipping Companies will be registered in Spain.

The conditions for the granting of the flag are governed by the provisions of the merchant marine regulations.

Article 89. Navigation with national flag.

Navigation under national flag will be performed once the Navigation Patent is obtained. Provisionally, it may also be carried out by means of a pass for the time necessary for a ship acquired abroad to make the necessary journeys to arrive at a national port.

Article 90. Flag effects.

Ships duly registered and registered in Spain will have, for all purposes, Spanish nationality.

Article 91. Ban on dual nationality and double registration.

1. Outside of the temporary flag-bearer scenarios referred to in this law, a vessel may not be simultaneously registered in the Register of Ships and Shipping Companies and in the register of vessels from other States or States.

2. Vessels registered in Spain shall only fly the Spanish flag and may not change them but through the procedure laid down for the discharge in the relevant legislation.

Article 92. Loss of nationality of provenance.

1. A vessel's registration or registration shall not be permitted until the authority of the previous foreign registration has accredited the discharge by the bookkeeping of the relevant certificate.

2. However, the registration may be made or the pasavant may be granted, where the authority of the register of provenance has issued a certificate certifying that the vessel will cause a discharge at the same time and with the same date as the new high is practiced.

Article 93. Arrangements for real guarantees in the event of a final change of flag.

1. Except as provided for in Article 484, the vessel shall not be allowed to discharge its discharge in the Register of Ships and Shipping Companies for final registration abroad unless all mortgages and other charges have been cancelled in advance. charges entered in the Bureau of the Register of Furniture, or that the written consent of all holders of such mortgages, charges or charges has been entered in the Register.

2. Furthermore, the acquisition of the Spanish flag shall be subject to the consent of all holders of the registered and uncancelled charges in the register of provenance.

Article 94. Temporary change of flag.

1. National vessels leased by a resident outside Spain may be authorised to fly on a temporary basis in the lessee's State of residence, as long as the lease contract lasts.

2. Reciprocally, foreign vessels taken by residents in Spain may be allowed to fly the Spanish flag for the duration of the contract.

3. The temporary flag change scheme provided for in this Act shall also apply to contracts other than tenancies which produce the effect of temporarily transmitting the possession of the vessel.

Article 95. Start and end of the temporary flag.

1. In the case of the temporary flag-bearer of vessels in Spain, the Register of Ships and Shipping Companies shall not practise the temporary entry in the seat sheet until it is satisfied with the suspension of the nationality and the right to fly the flag in the register of provenance.

2. The Maritime Administration shall notify the previous flag State of the time when the temporary flag falls in Spain.

Article 96. Arrangements for real guarantees in case of temporary change of flag.

1. The temporary change of flag shall not be permitted for vessels registered in Spain until all mortgages and other charges and charges entered have been cancelled or the written consent of the holders of such mortgages has been obtained. mortgages, charges or charges, in any event being subject to the applicable Community and conventional rules, in particular as provided for in the International Convention on Maritime Privileges and the Naval Mortgage, made in Geneva on 6 May 1993.

2. For the purposes of the preceding paragraph, the Register of Ships and Shipping Companies shall enter the seat sheet for the vessel, with communication to the Section of Ships of the Furniture Register, the State whose flag the vessel is flying. has been authorised to fly temporarily. It shall also require the authority in charge of the register of the State whose flag has been authorised to fly the vessel to record in that register by reference note that the vessel is registered in Spain.

3. The temporary concession of the Spanish flag to foreign vessels will be conditional upon the filing by the interested parties, before the Registry of Ships and Shipping Companies, of certification issued by the registry of the accredited origin of the the relationship of existing mortgages, charges and charges, as well as the consent of the temporary change provided by the corresponding creditors.

4. The temporary change of flag shall not affect the determination of the law applicable to mortgages and other registered charges, which shall remain the same as the register held by the vessel when the mortgage was established and other charges and charges.

CHAPTER IV

For the safety of ships and classification societies

Article 97. Safety requirements for national ships.

Safety requirements and those relating to the prevention of pollution of national vessels and vessels shall be determined and controlled in accordance with the nature and purpose of the services they provide and the navigation that they perform.

Article 98. Control of the safety of ships.

Technical control of safety requirements and requirements for preventing pollution shall be carried out by the competent bodies of the Maritime Administration, by means of inspection and control plans and programmes. rules are set out.

Article 99. Cost of inspections.

Inspections of vessels or vessels, whatever their nature and purpose, shall be carried out by the shipowner, unless they are unjustified.

Article 100. Cessation of vessel.

When the inspections or controls referred to in the above articles result in the ship or vessel not being in a position of navigability or not complying with the safety and pollution regulations, it may be suspended in the provision of its services or in the performance of its navigations until the shipowner has remedied the defects.

Article 101. Issuance of security certificates. Authorized organizations.

1. The Maritime Administration shall grant the relevant safety and pollution prevention certificates to national vessels and vessels meeting the conditions laid down in the applicable legislation.

2. The Maritime Administration may authorise recognised organisations to carry out the material actions and, where appropriate, to issue or renew the relevant certificates, in the cases and conditions laid down in regulation.

Article 102. Display of certificates.

Safety and pollution prevention certificates for ships will be displayed on board, rather than visible and easily accessible.

Article 103. Effect of the certificates.

1. Certificates issued assume the correct status of the vessel in respect of its object, unless otherwise tested.

2. The lack or the expiry of the certificates implies that the vessel is unable to sail or to provide the services to which it is intended, except for exceptions which may be laid down in the circumstances. special.

3. The liability for the lack or the expiration of the certificates of the ship shall be the shipowner and subsidiary of the persons designated in accordance with the provisions laid down in the International Code of Management of the vessel. Security.

Article 104. Inspection of foreign vessels.

The Maritime Administration shall inspect foreign vessels and vessels in the national ports in the cases provided for in international treaties and conventions, in the provisions of the European Union and, in all case, where there are reasonable doubts as to its conditions of navigability or those relating to the protection of the marine environment or the compliance with the Maritime Labour Convention.

Article 105. Detention of foreign vessels.

In accordance with the provisions of the applicable regulations, in cases where the inspection is that the navigation or service of the vessel or vessel cannot be done in the proper conditions of safety for the persons to on board and for the environment, the Maritime Administration will be able to prevent its departure, the realization of its activity, or to take the necessary measures, until the defects found, giving account to the consul of the State of the flag.

Article 106. Role and responsibility of the classification societies.

1. By the classification contract the classification society certifies that a ship or any of its parts or belongings complies with the requirements of the corresponding class rules.

2. Classification societies shall be liable for any damages caused to those who engage with them and which are a consequence of the lack of diligence of those in the inspection of the ship and in the issue of the certificate.

3. The liability of classification societies vis-à-vis third parties shall be determined in accordance with the common law, without prejudice to the international and Community rules applicable.

Article 107. Inspection and certification of naval artifacts.

Specialties will be determined regarding the inspection and certification regime of the naval artifacts.

CHAPTER V

From the shipbuilding contract

Article 108. Concept and regime.

1. For the shipbuilding contract, one party is responsible for the construction of a ship, in exchange for a price. Materials may be provided, in whole or in part, by any of the contractors.

2. Except as provided for in Article 113 (4), the rules of this Chapter shall apply only in the absence of a pact freely agreed by the parties.

3. The rules of this Chapter shall apply to contracts for ship repair or remodelling where the importance of such repair or refurbishment is justified.

Article 109. Form of contract.

The shipbuilding contract must be entered in writing and for registration in the Register of Furniture Goods shall be raised to public deed.

Article 110. Acquiring the domain.

1. The ownership of the vessel under construction corresponds to the builder until the time of delivery to the principal, unless the parties agree to defer it at a later time.

2. The materials and equipment supplied by the principal shall be considered as their property up to the time they are incorporated into the vessel.

Article 111. Obligation to build.

The construction of the ship must be carried out in accordance with the characteristics agreed in the contract and, where appropriate, in the specifications and plans, prevailing in case of discrepancy the contract on the specifications, and these on the plans.

Article 112. Obligation to deliver and receive.

1. The ship shall be delivered at the agreed place and date, after the sea and other conditions have been fulfilled, accompanied by the documents necessary for its dispatch.

2. The guilty delay exceeding thirty days shall give rise to the compensation of damages and if it exceeds one hundred and eighty days, to the termination of the contract, if the delay, in both cases, is unreasonable.

3. The principal may refuse to receive the vessel in the event of a serious breach of the agreed specifications which are not directly or indirectly derived from acts or omissions which are imputable to him, without prejudice to his right to exercise the which correspond to you.

4. In the event of non-compliance with the receiving obligation, the principal shall be obliged to indemnify the damages agreed in the contract or, failing that, those which have actually been incurred.

Article 113. Builder responsibility.

1. The manufacturer shall remedy the defects of the vessel which are not manifest or have not been reasonably appreciated during the construction or at the time of delivery, provided that they are reported within the following year. This obligation shall not extend to services resulting from the poor quality or inadequate design of the materials or elements provided by the principal.

2. Where defects or defects make the vessel unsuitable for normal use, the principal may opt for the termination of the contract.

3. The provisions of this Article do not exclude the obligation of the builder to indemnify damages, if applicable, except for a different contractual arrangement.

4. The liability laid down in paragraph 1 of this Article shall not be liable to exonerate in the event of the manufacturer's gross fault or fault.

Article 114. Payment of the price.

1. The price will be paid at the time of delivery. If partial payments have been agreed upon as the work progresses, the principal may ask the builder for the corresponding certification.

2. In the event of loss of the vessel during construction, the manufacturer may not require payment of the price, unless the destruction comes from the poor quality or inadequacy of the materials or elements supplied by the principal, or busy late in receiving it.

3. If the constitution is agreed by the principal of a guarantee in favour of the builder covering his obligation to pay the price, the failure of the latter will allow the builder to terminate the contract or to demand compliance and, in both cases, to claim compensation for the damage caused.

Article 115. Prescribing actions.

1. Actions arising from the failure to comply with the construction contract shall be prescribed by the builder at three years after the ship is delivered.

2. Shares arising from the non-payment of the construction price shall be prescribed at three years from the date specified in the contract or, failing that, since the delivery took place.

Article 116. Naval vessels and vessels.

The provisions of this chapter will apply to ships and naval artifacts.

CHAPTER VI

From Sales

Article 117. The object of the sale.

1. Unless otherwise agreed, the sale of the vessel shall comprise its members and belongings, whether or not they are on board. You can also understand the accessories.

2. For the above purposes, a detailed inventory shall be included in the contract identifying all the items which are the subject of sale with the vessel. In the absence of an inventory or insufficient inventory, it shall be understood in the sale that this is the result of the Section of Ships of the Furniture Register.

Article 118. Form, acquisition of ownership and effectiveness against third parties.

1. The contract for the purchase of a vessel shall be in writing.

2. The buyer acquires ownership of the ship by delivery.

3. To take effect against third parties, you must register in the Register of Furniture, formalizing in public deed.

4. In the cases in which the parties intend to raise the contract to public deed, prior to their protocolization, the notary or consul shall obtain from the Register of Furniture the appropriate information on the situation of domain and charges, in the form and by the means that they regulate are established.

Article 119. Risks and sanitation.

1. The loss and deterioration of the ship before delivery is carried out shall be borne by the seller, unless otherwise agreed. Once the delivery is made, it will be for the buyer's account.

2. The seller shall be responsible for the recovery by eviction and any hidden defects or defects, provided that they are discovered within three months of the material delivery of the vessel and the buyer notifies the seller in a manner that the seller has not been notified within five months. days since discovery.

Article 120. Expiration.

Sanitation action for hidden defects or defects expires within six months of notification.

Article 121. Application to other assumptions.

As long as their respective nature permits, the above provisions will also apply to naval vessels and artifacts, as well as to any other legal business of the ship's domain.

CHAPTER VII

Of the warranty rights on the ship

Section 1. Of Maritime Privileges

Article 122. Legal status of maritime privileges.

1. The maritime privileges shall be governed by the provisions of the International Convention on Maritime Privileges and the Naval Mortgage, made in Geneva on 6 May 1993.

2. The maritime privileges tax the ship without the need for registration, they follow despite the change of ownership, registration or flag and they enjoy preference on the mortgages and other charges and encumbrances, whatever the date of their registration, without any other claim being able to put before such privileges, with the exception of those referred to in Article 486 and of the costs to be paid to the Maritime Administration for the removal of shipwrecked or sunken vessels.

3. This scheme shall apply to ships, vessels and naval vessels.

Article 123. Privileges on the fleet.

1. Where it is not possible to determine the vessel on board of which the privilege relating to the salaries and other amounts due to the master and other members of the vessel referred to in his boarding contract has been born, Article 4.1.a of the International convention on maritime privileges and the naval mortgage, because credits have been generated on different vessels operated by the same company or group, the privilege will reach all of them.

2. The maritime privilege referred to in this Article shall be extinguished with the credit secured and in addition for the course of a year unless, before the expiry of that period, an execution procedure has been initiated for the sale of any of the vessels on board of which the privileged credit has been born or has been preemptively embarked.

3. The period of one year set out in the preceding paragraph shall start from the moment when the creditor's boarding contract is extinguished with the business or group.

Article 124. Other privileges.

1. In addition to the privileges listed in the International Convention on Maritime Privileges and the Shipbuilding Mortgage, any other privileges recognised by common law or special laws may also fall on the vessel, but such privileges may be privileges, regardless of the rank of priority given to them by the laws that recognize them, will be graduates after mortgages and other registered charges and charges.

2. In addition, in accordance with the terms laid down in the rules of the European Union or in the applicable treaties and, failing that, subject to the principle of reciprocity, other privileges other than those provided for in Article 4 of the Treaty may be recognised. International Convention on Maritime Privileges and the Naval Mortgage, which is taxed by foreign vessels under the flag law. The graduation of such credits shall, in any event, respect the order of precedence set out in the preceding paragraph.

Article 125. Exclusion of replacement credits.

Maritime privileges do not extend to the insurance indemnity for loss or damage caused to the ship, nor to other replacement credits such as boarding derivatives, contribution to the gross breakdown or any other another cause.

Section 2 of the Naval Mortgage

Article 126. Mortgage object.

1. All ships, vessels and naval vessels, even under construction, may be the subject of a naval mortgage in accordance with the provisions of this law and the International Convention on Maritime Privileges and the Naval Mortgage.

2. As long as their respective nature permits, the provisions of this section will also apply to ships and naval artifacts.

Article 127. Effects of the mortgage.

The naval mortgage directly and immediately holds the ship upon which it is imposed, whatever its holder, to the fulfilment of the obligations for which security was constituted.

Article 128. Constitution of the mortgage.

In order for the naval mortgage to be validly constituted, it may be granted in public deed or in private document and must be entered in the Register of Furniture.

Article 129. Mode of incorporation.

1. The naval mortgage may be constituted in favour of one or more specified persons, or in favour of the holder of the credit in the securities lodged in the guarantee of securities issued in a nominative manner, to the order or to the bearer.

2. The shipbuilding mortgage may also be a guarantee of current credit or exchange rate accounts or other instruments, as laid down in the mortgage legislation.

Article 130. Persons authorised for the constitution.

1. Only owners who have the free disposal of their property or, if not, by whom they are authorised to do so under the law, may constitute a mortgage.

2. Those who, in accordance with the previous paragraph, have the power to constitute a mortgage, may do so by themselves or by proxy with special power.

3. The mortgage on ships under construction may also constitute the principal if it has been granted this power in particular.

Article 131. Mortgage on ship under construction.

In order for the mortgage to be registered on a vessel under construction, it is essential that the third part of the amount in which the total value of the hull has been budgeted and that the ownership of the vessel be entered is indispensable entered in the Furniture Register.

Article 132. Content of the constitution document.

1. In any contract in which the ship's mortgage is placed, it shall be stated:

a) Creditor, debtor and, where applicable, non-debtor mortgage, specifying all personal circumstances required by mortgage legislation.

(b) The amount of the credit secured with the mortgage and the amounts to which, where appropriate, the lien is extended by costs and costs of execution and by the interest and payment interest and other expenses.

c) Date of maturity of the capital and the payment of interest.

(d) Description of the vessel and all the identification data referred to in Article 60 (5) to be found, with indication, where appropriate, that the vessel is under construction.

e) The value or appreciation that is made of the vessel and which, if applicable, may serve as the type for the auction; and the addresses that the debtor and, eventually, the non-debtor mortgage appoint for requirements and notifications.

f) Quantity of each vessel responding, in the event that two or more are reported as a single credit guarantee.

g) The circumstances that are regulated in the case of a mortgage on the guarantee of securities, regardless of their denomination.

(h) Other stipulations to be provided by the Contracting Parties on interest, insurance, advance maturity and extension and any other provisions as appropriate.

2. Unless otherwise agreed, the mortgage constituted in favour of a credit which accrues interest shall not ensure, in addition to the capital, the interest of the last two years and the expired part of the annuity, to the detriment of the third party. stream.

It may be agreed that the mortgage will ensure interest on remuneration for up to five years and interest on late payment until the same time.

Article 133. Content of the enrollment.

The mortgage registration will include the circumstances expressed in the previous article that are of real significance, as well as the others required by the mortgage legislation.

Article 134. Extension of the mortgage.

1. Subject to the provisions of Article 62 (2), the mortgage shall comprise both the members of the vessel and their belongings, but not their accessories.

2. The mortgage also extends, except for express agreement, to the compensation for material damages caused to the ship and not repaired by way of approach or other accidents, as well as to the contribution to the gross breakdown and the insurance, both by unrepaired breakdowns suffered by the vessel, as a result of total loss of the vessel.

3. The extension to licences linked to the vessel may be agreed to the extent and conditions permitted by the provisions governing its concession.

4. The shipbuilding mortgage shall be in full as long as it is not cancelled in respect of each vessel on the whole of the vessel, even if the guaranteed obligation is reduced, and on any part of the vessel which is retained, even if the remaining vessel has disappeared.

Article 135. Notification of the mortgage.

The mortgage creditor will be able at any time to report the existence of the mortgage to the insurer of the vessel. Received the notification, the insurer will not be able to pay any amount to the insured as compensation for the loss of the ship or unrepaired breakdowns but with the express consent of the mortgage creditor.

Article 136. Securing the ship.

If the insurance indemnity, in the event of a claim, is expressly excluded from the mortgage, the debtor shall be free to secure the ownership of the vessel in accordance with the provisions of this law, and the creditor shall mortgage credit, but without insurance in full, and both concepts, may never exceed the value of the insured vessel unless they relate to different risks.

If you exceed, and for this reason it is necessary to proceed to reduce the insurance, the reduction will be made first in that of the owner and then in that of the mortgage creditor.

Article 137. Right of preference.

1. The naval mortgage is preferably from the time of registration in the Register of Furniture. It shall be deemed to be the date of registration for all the effects it has to produce, that of the seat of presentation, which must be entered in the registration itself.

2. In order to determine the preference between two or more entries of the same date relating to the same vessel, the time of filing shall be given in the Register of the respective titles.

Article 138. Refactional credits.

1. In order for the refactional credits to be asserted against third parties, it is necessary that they be entered or entered in the Register of Furniture.

2. The annotation shall be governed by the title, the circumstances and the concurrency with the actual charges or duties entered in the provisions of the provisions for these credits in the mortgage legislation, as soon as it applies to the vessels.

3. By way of derogation from the preceding paragraph, the annotation shall take all the effects of the mortgage without the need to become an entry and shall have the duration of four years and the extensions established in general for the entries preventive.

Article 139. Right of retention.

1. Without prejudice to the provisions of the previous Article, the holders of claims arising from the construction, repair or reconstruction of a vessel shall enjoy the right of retention which is recognised by common law for this class of claims.

2. This right of retention shall be extinguished when the manufacturer or repairer loses possession of the vessel for reasons other than that of its preventive or executive embargo.

3. If at the time of the forced sale the vessel is in possession of the builder or repairer, it will deliver to the buyer the possession of the vessel, but it will be able to obtain payment of its credit with the product of the sale once satisfied those of the holders of the maritime privileges listed in Article 4 of the International Convention on Maritime Privileges and the Naval Mortgage, and before mortgage loans and other charges entered or entered.

4. The provisions of this Article shall apply only in respect of the builder where the ownership of the vessel belongs to the principal under the covenant.

Article 140. Exercise of the right of mortgage.

The creditor with a naval mortgage may exercise his or her right against the ship or ships affected to their satisfaction in the following cases:

(a) At the expiration of the time limit for the return of the capital or for the payment of interest, in the form that has been agreed.

b) When the debtor was declared in contest.

c) When the mortgaged vessel suffers deterioration that definitely inuses it to navigate.

(d) Where there are two or more vessels affected by the same obligation, and the loss or deterioration that is definitely inuse to navigate to any of them, unless otherwise agreed.

(e) Where the agreed conditions are met as the resolutionsof the guaranteed obligation, and all that produce the effect of making the capital or interest payable.

Article 141. Execution of the naval mortgage.

The action to require the payment of the debts secured by the naval mortgage, as well as all the procedures to be followed and the competition to know it, shall be subject to the provisions of Chapter V of Title IV of the the third book of the Law on Civil Procedure, except for the specialties established in this law.

Article 142. Prescription.

1. The naval mortgage action prescribes at three years, counted from the time it can be exercised, in accordance with the requirements of this law.

2. The registrant of the vessel may request the cancellation by expiration of the mortgage registration, after six years from the expiration, if it is not known that it has been novated, interrupted the prescription or exercised the mortgage action.

Article 143. Recognition of mortgages on foreign vessels.

The recognition and enforcement by Spanish courts of real mortgages and liens constituted on foreign vessels shall be subject to compliance with the following requirements:

(a) That they have been constituted and registered in a public register in accordance with the law of the State in which the ship is registered.

(b) That such registration, in accordance with the laws of the State of registration of the vessel, may be freely consulted by the public and may be requested and obtained from the registrar extracts and copies of his or her seats or of the documents listed in the figure.

(c) The name and address of the person in favour of which the mortgage or lien has been constituted, or the fact that that person has been established in the register or in some of the documents referred to in subparagraph (b) the guarantee has been constituted to the bearer, the maximum guaranteed amount, if the legislation of the State of registration provides that requirement or if that amount will be specified in the document of constitution of the mortgage or the lien, and the date and other circumstances which, in accordance with the legislation of the State of registration, determine their status for other mortgages and encumbrances entered.

Article 144. Extra duty.

The provisions of the Mortgage Law shall apply to the provisions of this Chapter.

TITLE III

From the subjects in the navigation

CHAPTER I

From the shipowner

Article 145. Concept of shipowner and shipping.

1. It is the shipowner who, being or not his owner, has the possession of a vessel or vessel, directly or through its dependents, and dedicates it to the navigation in its own name and under its responsibility.

2. A shipping company or a shipping company is the natural or legal person who, using its own or foreign merchant vessels, is engaged in the operation of the same, even if that does not constitute its principal activity, in any form accepted for international uses.

3. In the case of a naval condominium, the condition of the shipowner shall be borne in each of the condomins, without prejudice to their right to appoint an administrator.

Article 146. Registration in the Mercantile Register.

The shipowner who dedicates the ship to the navigation for business purposes must register with the Commercial Registry.

Article 147. Registration in the Register of Furniture.

1. The non-proprietary shipowner may enter that condition in the Furniture Register.

2. In the relevant document and in the registration it must be stated:

(a) The name or social designation of the shipowner.

(b) The legal title that legitimises the possession of the vessel.

c) The duration of such legal status.

d) Any other requirement that is determined to be regulated.

3. The owner of the vessel shall be entitled to apply for the registration of the non-owner.

Article 148. Presumption of shipowner.

1. In the absence of registration in another sense and unless proof to the contrary that it will never harm third party in good faith, the owner who is registered in the Register of Furniture shall be considered to be a shipowner.

2. In the case of vessels and vessels engaged exclusively in sport or recreational boating, in the absence of any other registration, the person who appears as owner in the Register of Furniture or, in his or her own right, shall be considered to be the owner of the vessel. defect, in the Register of Ships and Shipping Companies, without any proof to the contrary.

3. If the vessel is not registered or if the vessel is neither registered nor registered, the owner shall be deemed to be the owner.

Article 149. Liability of the shipowner.

The shipowner is responsible to third parties for the acts and omissions of the captain and the vessel, as well as for the obligations of the master in accordance with Article 185, without prejudice to his right to limit their liability in the cases set out in Title VII.

CHAPTER II

From The Naval Condominium

Article 150. Naval condominium.

Naval condominium shall be the co-ownership of a vessel or vessel when it is intended for its commercial exploitation, and shall be governed by the provisions of this Chapter.

Article 151. Powers of the majority.

For the performance of any act or legal business of administration, disposition or lien of the ship in naval condominium, the agreement of the owners representing the majority of the quotas of the co-ownership will be sufficient. A single owner can hold such a majority.

Article 152. Minority Rights.

1. Any condomino that has not participated or has opposed the decision to sell the ship has the right to demand that the sale be held in public auction.

2. Where the lack of participation or opposition concerns the decision to carry out any act or legal business of administration or disposal, designation of administrator or repair works of the vessel, the condomino shall have the right to separate from the (a) condominium, transmitting its share to the other condomins which accept its acquisition, by the value fixed by common agreement, in the absence of this one by the expert's expert appointed by both parties, and in default of all this, by the judge. If none are accepted, they may request their sale in public auction.

Article 153. From the administrator of the naval condominium.

1. In the event of the appointment of one or more administrators, they shall have the legal consideration of a commercial factor and shall have the following powers of administration and representation, in a joint or in solidarity manner, as expressed in their appointment.

2. The appointment of the administrator may be recorded in the Furniture Register.

3. Any limitation or restriction to the powers referred to in the first paragraph shall be ineffective against the third party.

Article 154. Rights to the undivided quota.

All co-owner may carry out any act of disposition or lien on its quota, with the exception of the naval mortgage, which may only be placed on the entire ship and will require the agreement of the majority of the condomins.

Article 155. Right of preferential acquisition.

1. In case of sale of an undivided fee to a stranger to the community, the other co-owners will have the right of the court and retract and if they are more than one who decide to exercise such rights, they will acquire it in proportion to their respective undivided quota.

2. The right of entry may be exercised within a period of nine calendar days from the date following that in which the purpose of selling, the identity of the buyer, the price, the form of payment and the essential conditions of the buyer are notified in a manner the sale.

3. The right of retraction shall take place where the sale has been made without the prior notification or under conditions other than those notified; and may be exercised within the same period of time from the day on which the sale is known made and, in any case, from its registration in the Register of Furniture.

4. In order to exercise the right of entry and the right of retraction, the acquirer or acquirer shall record the sale price, a notary or an establishment for this purpose.

CHAPTER III

From the envelope

Article 156. Concept of endowment.

1. The envelope comprises all the persons employed on board a vessel in any of its departments or services, either directly contracted by the shipowner or by third parties.

2. The envelope does not include those persons whose work is not part of the day-to-day activity of the vessel and whose principal place of work is not in the ship.

Article 157. Scope of application.

1. The provisions of this Chapter shall apply to members of the endowments who provide their services on national vessels for maritime navigation for a business purpose.

2. The provisions of this Chapter shall apply, in such a way as to be determined by regulation, in vessels intended for other activities, as well as vessels or naval vessels, to the extent that they are in conformity with the nature of the activity, without prejudice to existing caveats and specialties in respect of affections to the service of public security or to the surveillance and repression of illicit activities.

Article 158. Registration and documentation.

1. No Spanish can be part of the endowment of Spanish merchant vessels and vessels if it has not obtained the Marine Identity Document (DIM) or the Maritime Book, except for duly justified cases of urgency.

As far as foreigners are concerned, for their boarding they will be in possession of the national identity document of the sailor who must extend the country of their nationality or they will embark with a special permit granted to him by the captain of the vessel.

2. Regulations shall regulate the conditions for the registration and issuance of the Maritime Book, as well as the form and content of such acts and documents.

Article 159. Embarkation and disembarkation.

1. The embarkation or disembarkation of the personnel of the national ships must be carried out with the intervention of the Maritime Administration, being carried out by the captain of the ship in the foreign ports, who will proceed to practice the rolling and unwinding in the Rol of Dispatch and Dotting and in the Maritime Librettas.

2. The provisions of the above paragraph are without prejudice to the cases of self-dispatch, which are provided for in a regulation, in accordance with Article 18.

Article 160. Classification of personnel on board.

Without prejudice to the provisions of the labour ordinances or the awards which replace them, the basic categories of maritime personnel are as follows: (a) Captain; (b) Officers; (c) Subaltern. The persons who integrate these categories must be in possession of the corresponding professional qualifications or certificates of specialty in order to be able to exercise as members of the provision of merchant ships, as they rule in law. is determined.

Article 161. Minimum security endowments.

1. The number of members of the ship's endowment and its conditions of professional competence and training shall be adequate to ensure at all times the safety of the ship and the navigation, as well as the protection of the marine environment.

2. The Maritime Administration shall establish for each national ship the minimum safety envelope in the light of its technical, navigation and traffic circumstances, as well as the regime and organisation of work on board.

3. The Maritime Administration shall issue a "Minimum Security Endowment Certificate", which must be carried on board and be displayed to the port State authorities visiting the ship and requesting it.

Article 162. Nationality of the envelopes.

The captain and the first cover officer of the national ships must be a national of a Member State of the European Economic Area, except in cases where it is established by the Maritime Administration that they (a) employment must be carried out by citizens of Spanish nationality for the purpose of involving the effective exercise of public power prerogatives which do not represent a very small part of their activities. For this purpose, third-country nationals who are family members of a citizen of the European Union or a national of a Member State of the European Economic Area shall be treated as such, provided that they comply with the requirements laid down in Article 1 (1) of the Treaty. establish regulations.

The rest of the envelope in the case of merchant ships must be of Spanish nationality or of some other Member State of the European Economic Area, at least 50%.

Article 163. Professionals in the fisheries sector.

The provisions of this Chapter are without prejudice to the rules on suitability, certification, accreditation of the professional capacity and registration of professionals of the Fisheries Sector, established in the regulations of the European Union and in the maritime fisheries legislation of the State.

Article 164. Procurement of endowments.

1. No operation for the procurement of envelopes on a vessel may result in seafarers paying any remuneration, either directly or indirectly, to a natural or legal person.

2. The agents or representatives of foreign shipowners who employ national seafarers or residents in Spain to provide services on foreign vessels shall be jointly and severally liable for the performance of the contract concluded. In addition, they will be obliged to arrange for commercial insurance to provide compensation of amounts similar to those laid down in the Spanish Social Security scheme for the cases of death, incapacity for accident and repatriation. The migration authorities shall not endorse contracts concluded that do not comply with this requirement.

Section 1. Of title, certification and inspection

Article 165. Compulsory certification and certification.

1. The command and command of the ships, as well as the performance in them of the official position, can only be entrusted to those with the due professional title who accredit the concurrence of the necessary requirements in terms of age, aptitude physical, training and competence, which correspond to each department and category in accordance with the provisions of the applicable treaties and regulations.

2. In addition to other assumptions to be regulated, a special training certificate should be provided for all those members of the endowment who are to carry out duties relating to the handling of cargo on tank vessels. transport of oil or other particularly dangerous or polluting substances, or any other related to the safety of navigation.

Article 166. Issue and registration of certificates and certificates.

1. It is for the Maritime Administration to issue, renew, endorse, recognise and control professional certificates and certificates, in terms of the terms to be established in accordance with the provisions of the conventions. applicable.

2. The Maritime Administration shall keep a record of all certificates and certificates issued, endorsed or recognised. Access and the arrangements for such advertising shall be determined in accordance with the provisions of the Treaties.

Article 167. Obligations of shipowners.

1. The shipowners shall hire the members of the envelope between persons with the required certification or certification and are familiar with the specific tasks to be carried out on board, as well as with the facilities, equipment, procedures and characteristics of the vessel to which they are assigned.

2. Shipowners shall also ensure compliance with the requirements for minimum safety endowments, and that the staff members are able to coordinate their activities effectively in emergency situations.

3. The shipowners shall ensure that the titles, certificates and other relevant documentation of the members of their vessels are carried on board, as well as that they are also on board and at the disposal of the master and the officers. texts to collect changes in national and international regulations on maritime safety and the protection of the marine environment.

4. The Maritime Administration shall take the necessary measures to require shipowners to comply with the obligations laid down in this Article, in the manner prescribed in law.

Article 168. Control and inspection of national vessels.

1. The inspectors of the Maritime Administration shall verify that the members of the staff have effectively the titles or certificates which are required to provide their services on board, and that they are in the right conditions for the the safe execution of guards and other tasks relating to maritime safety and the fight against pollution of the marine environment.

2. The Maritime Administration shall have the right to carry out the work of those who do not comply with the provisions of the previous paragraph, without this circumstance leading to the termination of employment contracts, and, as a result, of a post on board those entered in the Minimum Security Envelope Certificate, shall prohibit the departure of the ship until it is replaced by another person who meets the requirements.

Article 169. Control of foreign vessels at national ports.

The inspectors of the Maritime Administration may act on foreign vessels in their capacity as port State authorities, in accordance with applicable regulations.

Article 170. Detention of foreign vessels.

1. Provided that anomalies are found in the titles and certificates of the envelope which, in the opinion of an inspector, may pose a danger to persons, property or the environment, the Maritime Capitania on which it is subject shall immediately inform in writing to the master of the vessel and to the consul, nearest diplomatic representative or maritime administration of the flag country, in order to enable the prevention to be taken.

2. In accordance with the provisions of the applicable legislation, the Maritime Administration must take the necessary measures to prevent the vessel from being brought to the sea until the defects in titling or competition have been remedied. sufficient to eliminate the hazards referred to in the previous paragraph.

Section 2. Of The Captain

Article 171. Concept, designation, and characters.

Since being designated as such, the captain holds the command and direction of the vessel, as well as the head of its endowment and represents on board the public authority.

Article 172. Appointment and termination.

Given the special relationship of trust, the appointment and termination of the captain in his/her position is the responsibility of the shipowner, without prejudice to the indemnities that come according to the labor law.

Article 173. Requirements and replacement in office.

1. Masters shall have the professional title to prove their expertise, ability and conditions to command and direct the vessel, as required by specific laws or regulations.

2. In the event of death, absence, illness or other impediment to the captain during the navigation, the ship's command will assume the top deck officer, who, in turn, will be replaced by the officers of the same department as You are still in category. Ultimately, the ship's command will be taken over by officers belonging to the machine department, consecutively according to their hierarchy.

Article 174. Duty of obedience to ships of State.

1. Except for duly justified cases of force majeure, the masters of the national vessels shall comply with any order or instruction given by a Spanish vessel.

2. Such a duty shall be subsist even if the vessels are not in the Spanish maritime spaces, without prejudice to the powers which, under international law, correspond to the coastal State or the port State.

Article 175. Absence of competent authorities abroad.

In all cases where, in accordance with the provisions of this law, the captain is required to perform a performance before a consul in Spain and there is no place at the place, he shall perform it before the local authority and, if not possible, before a notary or The public authorities, regardless of their ratification before the first Spanish consul in the course of their next stops.

Article 176. Condition of public authority.

1. The master shall have on board the status of a public authority and must comply with and enforce any obligation which is legally or regulations imposed on him on the grounds of the position, in particular that of maintaining order and safety on board.

2. To this end, the master may take all the necessary police measures to maintain order on the ship, as well as to ensure the safety of all those on board. The members of the staff and other persons who are taken on board shall comply with the master's orders, without prejudice to their right to make any claims they deem relevant to the competent administrative or judicial authority once the ship to port.

Article 177. Obligation to record the facts produced.

1. The masters of the vessels shall be obliged to record in the Navigation Journal the facts committed by persons on board during the navigation and which, in their opinion, may constitute criminal or administrative infringement.

2. The seat shall be subscribed by the captain and the person concerned or, if he refuses, by two witnesses.

3. When arriving in port, he shall deliver a certified copy of the consignment in the Navigation Journal and, where appropriate, of the other evidence and documents, to the Maritime Capitania if it is a national port or to the Spanish consular or diplomatic authority if is a foreign port.

Article 178. Minutes of civil registration.

1. The master shall exercise on board the same duties and powers as a Civil Registry officer in respect of the acts and acts which are recorded during a maritime voyage and which affect the marital status of the persons on board.

2. The minutes of the births or deaths on board during navigation, as well as those of marriages concluded in danger of death, shall be extended by the master in the Navigation Journal by adjusting their content to the provisions of the Civil Registration Act.

3. In the event of the disappearance of persons during navigation, the relevant summary information shall be instructed, including in the Navigation Journal the main circumstances of the disappearance and the search and rescue measures taken.

Article 179. Wills and death during navigation.

1. The captain will authorize the marine will and will receive the will closed in the cases and with the formalities arranged on this matter in the Civil Code, leaving constancy of it in the Journal of Navigation. It will also record in the same book the delivery of the will of the olograph.

2. When a person dies on board and in the absence of a wound doctor, the extent of the death certificate shall be the responsibility of the master, but he shall not be able to do so before 24 hours have elapsed from the time of his/her good judgment, Unequivocal signs of death have appeared. In any case, the captain shall lift the inventory of his papers and belongings, with the assistance of two officers of the ship and two witnesses, who shall preferably be passengers.

Article 180. Fate of the dead bodies.

1. If, once the death certificate has been issued, the vessel has not arrived in port, the master shall be kept in storage, taking the measures required by the circumstances. Once arrived at the first Spanish port it will be made available to the external health authorities which, with the collaboration of the Maritime Administration, will take the appropriate measures. To the same end, the body will be made available to the corresponding Maritime Administration, giving communication to the Spanish consul, in case of docking in a foreign port.

2. However, if the proper conservation on board cannot be ensured, the captain may arrange for the release to the sea of the carcass.

3. The release of the body will be recorded in the Journal of Navigation, expressing the date, time and geographical situation, the fact that it has been amortized and weighed to the sailor use and the presence of at least two witnesses, who will be identified and sign in the Journal.

Article 181. Delivery of goods and documentation.

1. The inventoried goods and the respective inventory, as well as the authenticated copy of the minutes of birth, death, marriage or disappearance of persons and the wills granted or received on board must be delivered by the captain to the Maritime administration or consular authority, as appropriate, of the first port, with a record of the circumstances of the delivery in the Journal of Navigation.

2. The seats that, on these matters, make the captain in the Journal of Navigation as a public authority, have the public document value.

Article 182. Technical obligations of the master.

1. The master has the technical direction of the vessel's navigation, assuming his effective government when he considers it appropriate and, in particular, in the cases provided for in the following paragraph, giving him application in respect of his responsibility and the provisions laid down in the international standards for the management of the ship's operational safety and the prevention of pollution.

2. The captain will go to the bridge and assume directly the government of the ship in the recaladas, maneuvers of arrival and departure of port and, in general, in all those circumstances in which it is noticeably increased the risk of the navigation, without prejudice to the breaks necessary for the maintenance of their physical abilities.

3. In the exercise of his technical duties, the master shall at all times act with due diligence to a competent seafarer.

Article 183. Hazard, ship abandonment and salvage.

1. In the event of a bad weather or a risk of shipwreck, the master shall take all necessary measures to ensure the safety of the ship and the salvation of persons and property, seeking protection, forced arrival or use without delay. delay to the request for rescue, and may contract it if necessary.

2. The master shall not leave the ship in danger but after having lost the hope of saving him and after taking appropriate measures to save the persons, goods and official documents on board.

3. The captain is obliged to come to the aid of human life in danger at sea, provided that he can do so without grave danger to the ship, its endowment or its passengers, and leaving in any case constancy of what was acted in the Journal Navigation.

Article 184. Primacy of the professional criterion.

1. Neither the shipowner nor the charterer nor any other person with an interest in the vessel or in its cargo shall place any obstacles or restrictions on the master of the vessel to adopt or execute any decision which, according to his professional judgment, is necessary for the safety of human life at sea and the protection of the marine environment.

2. The shipowners may not dismiss the master or take action against the other measures of a sanctioning nature for the fact that he has been obliged to depart from his instructions in the light of the need to act in the most appropriate way to safeguard the security, in accordance with the professional judgement of a competent seafarer.

Article 185. The power of representation of the shipowner.

1. The master has the representation of the shipowner to take account of this number of obligations relating to the ordinary needs of the vessel.

2. The shipowner shall be obliged to comply with such obligations without any breach of trust or breach of the powers conferred.

3. The responsibility of the captain in relation to the shipowner for the acts and contracts carried out in contravention of the legitimate and express instructions given by the shipowner shall be safe.

4. The master shall be actively and passively entitled to appear as the shipowner's representative in all judicial or administrative proceedings concerning the vessel of his command.

Article 186. Obligation to report accidents.

1. The masters of the national ships must communicate, immediately and by the quickest possible means, to the nearest Maritime Captaincy or consular authority, any accident of navigation to the ship or caused by it, any episode of pollution produced or observed and any other extraordinary and significant developments affecting the safety of navigation or the marine environment.

2. The captain must also be present within twenty-four working hours of his arrival at the national port before the Maritime Administration, or before the consul if he is a foreign port, to make a statement on the facts to which refers to the above paragraph, with a transcript of the relevant part of the Navigation Journal.

Article 187. Sea protest.

1. The master may lodge a protest at sea where the facts of which his responsibility may be deducted have occurred. To this end, it shall draw up a record of the events occurring as recorded in the Navigation Journal, adding any comments it deems appropriate.

2. The act of protest shall be retained in conjunction with the Journal, and shall be delivered inexcusably to all interested parties in the events which have occurred as provided for in Article 87.

TITLE IV

Of the contracts for the use of the ship

CHAPTER I

From the ship lease

Article 188. Concept.

By the lease agreement the lessor is obliged, in return for a certain price, to deliver a specific vessel to the lessee so that the lessee may use it temporarily in accordance with the agreement or, failing that, according to its nature and characteristics.

Article 189. Form of contract.

The ship lease contract will be written in writing.

Article 190. Oponability to third parties.

To be able to be opposed to bona fide third parties, the lease of the vessel must be entered in the Furniture Register.

Article 191. Delivery of the Buque.

1. The lessor is obliged to deliver the leased vessel and its equipment under the conditions specified in the contract and, if not provided for, in the conditions for the agreed use.

2. The delivery shall be carried out at the place and time specified in the contract.

Article 192. Status of navigability to delivery.

1. Unless otherwise agreed, the lessor shall deliver the vessel in a state of navigability and shall be responsible for any repairs resulting from the vessel's own vice.

2. The lessor will respond to the tenant for damages caused by navigability defects, unless he proves that the vice could not be discovered with the use of reasonable diligence.

3. This provision shall be of an imperative nature in the contracts for the leasing of vessels and vessels whose exclusive use is recreation, the practice of non-profit-making sport or non-professional fishing.

Article 193. Limitations on the use of the vessel and payment of the price.

1. The lessee is obliged to use the leased vessel as agreed in the contract and, if not provided for, in accordance with the technical characteristics of the vessel.

2. It is also obliged to pay the agreed price in the agreed time and place.

Article 194. Obligation to keep the ship in a state of navigability.

1. The lessee is obliged, during the duration of the contract, to keep the vessel in a state of navigability. It is also obliged to inform the landlord of the damage suffered by the ship which affects or may affect its classification. The lessor may inspect the vessel at any time to check its condition, without prejudice to its normal operation and at the cost of the costs incurred.

2. In the contracts for the leasing of vessels and vessels referred to in Article 192 (3), the lessor is responsible for the repairs necessary to keep the vessel in a state of navigability, except for those due to the fault of the vessel. tenant. Any covenant that exonerates the landlord, in whole or in part, of this obligation shall be void.

Article 195. Obligation to return the vessel to the termination of the contract.

1. The lessee is obliged to return the vessel at the time agreed in the contract. If you do not return it within the prescribed period, you will indemnify the landlord for the damages that you experience for the delay. However, and unless otherwise agreed, the contract shall be deemed to be extended for the period of excess resulting from the duration of the last course of travel reasonably ordered by the lessee.

2. The lessee shall return the ship at the agreed place and, in the absence of a covenant, in the place where the ship was delivered.

3. The ship must be returned to the state where it was delivered to the lessee, except for normal wear and tear resulting from the use of the vessel.

Article 196. Effects of the disposal of the vessel on the lease.

In case of disposal of the vessel, the acquirer shall be subrogated to the existing lease, provided that he is registered in the Register of Furniture or effectively knew his existence at the time of the sale. In another case, the contract will be extinguished, regardless of the tenant's right to be compensated by the lessor. In any event, the acquirer shall respect the journey in progress at the time of the transmission.

Article 197. The tenant's obligation to keep the lessor free.

The lessee is obliged to hold the lessor free of any charges and rights to third parties that are born on the occasion of the use of the leased vessel.

Article 198. Interruptions in the use of the leased vessel.

1. Without prejudice to the liability laid down in Article 192 (2), if the vessel cannot be used for a period exceeding forty-eight hours for reasons resulting from its own vice, the obligation to pay the price shall cease. the entire period of inactivity.

2. In the case of contracts for the leasing of vessels and vessels referred to in Article 192 (3), this impossibility of use shall entitle the lessee to opt for the reduction of the price or the termination of the contract, without the possibility of a pact to the contrary and in addition to the compensation for damages that may correspond to it.

3. Where the interruption in the use of the leased vessel or vessel occurs because of claims against the lessor, the lessee shall be entitled to be compensated for any damages resulting from the retention.

Article 199. Sublease of the vessel and lease of lease.

1. The lessee may not sublease the vessel or assign the contract to a third party without the consent of the lessor.

2. The provisions of Articles 189 and 190 shall apply to the sublease contract and to the transfer of the contract.

Article 200. Obligations of the tenant to sub.

1. The lessee who subsates the vessel continues to be obliged to pay the lease price to the landlord.

2. If the lessor does not obtain the tenant's payment, he/she may be directed against the subtenant to demand the price of the sublease that he has not yet paid to the tenant.

Article 201. Effects of lease lease agreement.

The consent of the lease produces the separation of the lessee from the contract and the subrogation of the transferee in the legal position occupied by the lessee.

Article 202. Prescribing actions.

The shares arising from the lease of the vessel are prescribed within one year, from the date of termination of the contract or the return of the vessel, if it is later. The period shall not start counting for the actions arising from the provisions of Article 197 but since the lessor was obliged to bear the burden or right in question.

CHAPTER II

From the chartering contract

Section 1. General Provisions

Article 203. Concept.

By the contract for the carriage of goods, also called chartering, the carrier, in exchange for the payment of a freight, is obliged to transport goods by sea and to deliver them to the consignee in the port or place of target.

Article 204. Chartering by time and by travel.

1. Where the chartering relates to all or part of the vessel's place, it may be arranged on a per-or-journey basis. In the chartering by time the porter undertakes to make all the trips that the charterer is ordering during the agreed period, within the agreed limits. In the travel charter, the carrier undertakes to make one or more certain trips.

2. The charterer for time assumes the commercial management of the ship and, unless otherwise agreed, will be of his account all the variable operating expenses. In the chartering for travel such expenses shall be on behalf of the porter, unless otherwise agreed.

3. In previous cases, the parties will be able to commit each other to the subscription of a charter policy.

Article 205. Chartering for the carriage of goods determined under the bill of lading.

The chartering may also refer to the transportation of goods determined by their weight, measure or class. In this case, the terms of the contract may appear in the bill of lading or other similar document.

Article 206. Subchartering.

The charterer for the time or voyage of the vessel may, unless expressly provided by the policy to the contrary, subrogate a third party to the rights and obligations arising therefrom, without prejudice to remaining responsible for its compliance. before the carrier.

Article 207. Hiring of transport by the charterer.

The charterer for time or travel may also conclude in its own name chartering contracts for the carriage of goods determined under the regime of knowledge of boarding with third parties. In this case, the carrier and the charterer shall be jointly and severally liable to the third parties for the damage and breakdown of the goods carried, in accordance with the provisions of Section 9 of this Chapter, without prejudice to the right of return between them that corresponds according to the chartering policy.

Article 208. Volume contracts.

The contract may also refer to the carriage of a set of goods on several vessels or several voyages, in such a case the provisions concerning the chartering for travel to each of the agreed, except for the diverse between the parties.

Article 209. Multimodal transport.

If the contract of transport includes the use of means of transport other than the maritime transport, the rules of this chapter will apply only to the maritime phase of the transport, regulating the other phases by the regulations specifies that it corresponds to them whenever this has an imperative character.

Article 210. Contracts for the use of the vessel for purposes other than the carriage of goods.

In cases where the availability of a vessel for purposes other than the carriage of goods is contracted, the regulatory provisions of the chartering relating to the making available and the use of the vessel shall apply, as well as the freight and its early termination, as soon as they are compatible with the purpose of the contract concluded.

Section 2. Of Carrier Obligations

Article 211. Making available to the vessel.

The carrier shall make the vessel available to the charterer or charger at the agreed port and date. If the contract relates to a given vessel, the vessel may not be replaced by another vessel unless it has agreed to authorize it.

Article 212. Ship's navigability.

1. The carrier shall ensure that the ship is in the appropriate state of navigability to receive the cargo on board and transport it safely to destination, taking into account the foreseeable circumstances of the projected journey, its phases and the nature of the contracted cargo.

2. The status of navigability must exist at the time of undertaking the journey, or each of the trips included in the contract. At the time of receipt of the shipment on board, the ship must at least be in a state that is capable of keeping the goods safely.

3. The carrier shall exercise reasonable diligence to maintain the ship in the appropriate state of navigability during the duration of the contract.

Article 213. Characteristics of the vessel.

In addition to the provisions of the previous article regarding the status of navigability, the ship must have the conditions laid down in the contract in terms of nationality, classification, speed, consumption, capacity and other characteristics. If the vessel does not comply with any of them, the charterer may require the compensation for any damage to him, unless the failure to comply with the contract fails to achieve the purpose of the contract, in which case it may also terminate the contract.

Article 214. Lack of making available.

The charterer may terminate the contract if the vessel is not at its disposal on the agreed date. It may also claim compensation for damages suffered if the non-compliance was due to the carrier's fault.

Article 215. Port agreed.

The vessel must be made available to the charterer or charger in the port agreed upon in the contract, assuming, unless otherwise proved, that both parties knew the characteristics of the vessel when they contracted. If the port agreed to be impossible or unsafe for the vessel, either party may terminate the contract unless the impossibility or insecurity is temporary only, in which case they shall be obliged to wait for a reasonable period of time. the subhealing of the obstacle.

Article 216. Right of designation of the port.

1. If the charterer has reserved the power to designate the port of provision in the contract, he shall choose a safe and accessible port for the vessel in a timely manner. If the port does not meet these conditions, the carrier may require the designation of another within the same area for the performance of the contract and, if the charterer does not do so, may terminate the contract, without prejudice to compensation for the damage. The same right shall be the responsibility of the carrier if the charterer does not designate the port of choice.

2. If the ship is damaged as a result of entry and stay in an unsafe port designated by the charterer, the latter shall be responsible, unless it proves that the master did not act with the nautical diligence required of a competent captain. In time chartering, this provision shall be applicable in relation to all ports which the charterer is designating during the term of the contract.

Article 217. Dock or place of loading.

1. Unless otherwise agreed, the charterer may designate the dock or place of loading to which the vessel must be located within the port of making available, provided that it is safe and accessible to the ship before, during, and after loading. If such designation has not been made within a reasonable time, the carrier may keep the vessel fondled pending orders or direct it to a standard dock or place of loading for the goods in question, the time being in charge of the charterer. elapsed.

2. In the chartering for the carriage of goods under the bill of lading, the choice of the load point corresponds to the carrier, who must inform the loader of his choice in good time.

3. In the case of breakdowns suffered by the vessel as a result of the insecurity of the dock or place of loading designated by the charterer, the provisions of paragraph 2 of the previous Article shall apply.

Article 218. Loading and stowage operations.

1. Unless otherwise agreed, the charterer or charger shall affix the goods to the side of the vessel and carry out the loading and stowage of the goods at their cost and risk, with the appropriate diligence required by the nature of the goods and the journey to be made.

2. The above rules shall not apply in the chartering for the transport of goods determined in the system of knowledge of boarding, in which the carrier assumes, except pact to the contrary, the realization to its coast and risk of the loading and stowage operations.

3. Even if it is agreed that the load and the stowage are carried out at the cost and risk of the charterer or charger, the carrier shall be responsible for the consequences arising from a defective stowage that compromises the safety of the trip.

Article 219. Load on deck.

The carrier may ship goods on deck whenever the charterer expressly accepts it, or in accordance with the uses or regulations in force.

Article 220. Making the journey.

The carrier must undertake the journey and realize it to the point of destination without unnecessary delay and by the agreed route, or in its defect by the most appropriate according to the circumstances. It shall also protect the goods transported during all phases of the journey in an appropriate manner to their nature and circumstances, and deliver them to the consignee at the point of final destination.

Article 221. Delay in starting the journey.

The carrier shall be liable for any damages caused by the unjustified delay in undertaking the journey.

Article 222. Deviation.

The carrier shall be liable for damages caused by the diversion of the vessel from the agreed route or, failing that, the most appropriate according to the circumstances, unless such deviation is made to save human lives or any other reasonable and justified cause that does not derive from the ship's initial state of innavigability.

Article 223. Duty of custody.

The carrier shall be liable for the loss or damage suffered by the goods as a result of the infringement of the duty of custody in accordance with the provisions of Section 9 of this Chapter.

Article 224. Arrival by disablement of the vessel.

1. If, due to the failure of the vessel or other cause which does not enable the vessel to sail the journey, it shall be interrupted in a port other than the port of destination, the carrier must guard the goods while the causes of the arrival are remedied. If the vessel is permanently disabled or the delay could seriously damage the cargo, the carrier must provide its transport to the agreed destination. If the carrier does not do so, the goods shall not bear any freight.

2. The provisions of the above paragraph are without prejudice to the gross breakdown and the liability which may be incurred by the carrier for the delay or loss of the goods in accordance with Section 7 of this Chapter, if the cause of the damage the ship's innavigability was imputable to it.

3. The provisions of paragraph 1 shall not apply to chartering for time.

Article 225. Port security.

1. If the port of destination designated in the contract is not accessible under security conditions for the ship, the carrier may direct the port to the nearest convenient port and require the goods to be delivered there. You will not be able to use this power if the obstacle to access is only temporary, in which case you will have to wait for your remedy in a reasonable time.

2. If the charterer has reserved the right to designate the port of destination in the contract, the provisions of Article 216.1 shall apply.

3. If the cause of the insecurity exists at the time of the contract and the port of destination shall be included in the contract, the carrier shall bear the costs occasioning the discharge in a port other than the one agreed upon, unless the circumstances permit who did not know the security factors of the port at the time of hiring.

4. In the cases referred to in paragraph 1, the carrier shall notify the consignee and, in any case, the charterer, the diversion to the nearest port.

Article 226. Determination of the dock.

The provisions of the preceding article shall apply to the determination of the dock or place of unloading.

Article 227. Unstowage and discharge operations.

1. The charterer or receiver shall dispose of the goods at their cost and risk without delay, as well as remove them from the side of the vessel. The parties may establish different express covenants on these transactions.

2. The rules of the previous paragraph in the chartering for the carriage of goods determined in the system of knowledge of boarding, in which the carrier assumes, except pact to the contrary, the realization to its coast and risk of the The destowage and discharge operations.

Article 228. Delivery obligation.

The carrier must deliver without delay and in accordance with the agreed goods the goods transported to the recipient entitled to receive them. If the delivery is not submitted or rejected, the carrier may, at the expense of the consignee, store the goods until they are delivered or have recourse to their judicial deposit.

Section 3. Of Charterer's Duties

Article 229. Presentation of the goods for shipment.

1. The charterer must put the goods on the side of the vessel for shipment, unless another way of delivering the goods for transport has been agreed. If it does not do so, the carrier may terminate the contract after the time limit has elapsed, and shall also claim compensation for the damage suffered.

2. In the chartering for the carriage of goods determined under the regime of bill of lading, the carrier may have to resolve the contract if the goods are not delivered to him in time that allows his boarding during the usual stay of the vessel in port, provided that it has previously notified the charger. It may also, in such a case, claim compensation for damages arising from the failure to comply with the deadline.

Article 230. Freight over vacuum.

The charterer who will not charge the entire contracted goods must pay the freight of the amount he ceases to ship, unless the carrier has taken another charge to complete the ship's capacity.

Article 231. Clandestine boarding.

1. Goods of a kind other than that contracted may not be taken unless it is possible to do so without prejudice to the carrier and other chargers. In the latter case, the carrier may require the freight that usually corresponds to the shipped goods.

2. If different goods are shipped without notifying the carrier, it shall be the charterer responsible for all the damage and damage to the carrier or other chargers, without prejudice to the obligation to pay the freight. corresponds. The carrier may land the goods if it is appropriate to avoid serious damage to the vessel or cargo.

Article 232. Shipment of dangerous goods.

1. Dangerous goods may not be taken without prior declaration of their nature to the carrier, without the consent of the holder for transport, and must in any case be marked and labelled by the loader in accordance with the rules in force for each class of these goods.

2. If the charterer embarks dangerous goods in violation of the provisions of the preceding paragraph, he shall be liable to the carrier and to the other chargers for all damages caused; in addition, such goods may in all time to be landed, destroyed or transformed into harmless as circumstances require, without the right to compensation.

3. Even in the case of properly declared boarding of dangerous goods, they may be landed, destroyed or transformed into harmless if they constitute a real danger to persons or things, without the right to compensation, unless the holder is responsible for the hazard situation in accordance with the provisions of Section 7, or where his or her credit is in gross breakdown.

Article 233. Calculation and accrual of freight.

The freight will be calculated in the form agreed upon in the contract and, failing that, in accordance with the following rules:

(a) If the freight is calculated by the weight or volume of the goods, it shall be fixed according to the weight or volume declared in the bill of lading, except for fraud or error.

(b) On time chartering the freight shall become due day by day for as long as the vessel is at the disposal of the charterer under conditions permitting its effective use by the charterer.

Article 234. Freight of lost or damaged goods.

1. Unless otherwise agreed, freight shall not be charged for the goods lost during the journey unless the loss is due to its nature, its own vice or the packaging defect. If the loss is partial and the freight has been agreed according to the weight or measure of the goods, the loss shall not be carried out.

2. The broken goods shall bear the agreed freight, without which they can validly be abandoned to the carrier as a form of payment.

Article 235. Person required to pay the freight.

1. The charterer is obliged to pay the freight in the agreed conditions.

2. However, it may be agreed that the freight shall be payable by the consignee of the goods, thus stating in the bill of lading or in the transport document. In this case, the consignee will be obliged to pay the freight if he accepts or withdraws those at destination. If the consignee refuses or does not withdraw the goods, the transport contractor must pay the freight. This must also pay the part of the freight that the carrier would not have received from the recipient despite having exercised the rights of retention or deposit granted to him by Article 237.

Article 236. Credit privilege for freight.

The goods transported will be affected preferably to the payment of the freight, delays and other expenses caused by their transport until their delivery and during the fifteen days after, except that in this last period they have been transmitted for consideration to a third party in good faith.

Article 237. Retention and deposit.

1. The carrier shall have the right to retain the goods transported in his possession as long as he does not receive the freight, the delays and other costs incurred in his transport. This right may not be exercised against the consignee other than the charterer, unless in the knowledge or transport document the indication is that the freight is payable at destination.

2. You may also refer to the deposit and sale file for goods or luggage, asking a notary for the sale of the goods, with the same limitation as regards the non-charterer.

Article 238. Retention or deposit on time chartering.

In time chartering, the carrier may retain or deposit the goods for default of freight when they belong to the charterer. In the event that they are the property of third parties who have contracted the carriage with the charterer, the carrier may only retain or deposit the goods for the amount of the freight which those goods still owe to the charterer.

Section 4. Of the iron and delays

Article 239. Computation of the iron deadline.

1. If a time limit for loading or unloading the goods is established in the contract, the goods shall be counted excluding the days which are public holidays in accordance with the official calendar or the uses of the port concerned, unless otherwise agreed. If a specified time limit is not set, the plate shall last as usual according to the conditions of the vessel, port and goods.

2. Neither shall be computed as a time of iron, unless otherwise agreed, periods in which it is impossible to work, due to fortuitous causes, in the respective operation of loading or unloading.

Article 240. Start of the iron computation.

The computation of the plate shall be initiated, unless otherwise agreed, when the vessel has arrived at the dock or place of loading or unloading designated, it is prepared to carry out such operations and the charterer or the designated person in the contract they have received the timely communication.

Article 241. Entry into delays and their amount.

1. After the end of the ironing period without the end of loading or unloading operations, the period of delay shall automatically begin to be counted.

2. The charterer shall pay the amount fixed in the contract for the time of delay produced. If the amount has not been agreed, an amount equal to that which would have been fixed shall be paid on the basis of the uses of the traffic for vessels of similar characteristics with similar cargo and travel.

Article 242. Duration and computation of the delay period.

The duration of the delay period will be fixed in the policy and, failing that, it will last as many days as working days. The computation of the delays shall be carried out for consecutive hours and days, suspended only when it is impossible to load or unload for reasons attributable to the operation of the ship.

Article 243. Further detention of the vessel.

Expired the period of delay without having finished loading or unloading, the carrier may require compensation for damages caused by the subsequent detention of the vessel without the amount of the contract or legally fixed for the delays. However, the carrier may also undertake the journey with the goods loaded up to that time, or discard them on its own in the most appropriate manner, as the expiry of the delay period has taken place in the port of loading or in the (a) In the first case, you will be able to claim the appropriate vacuum freight; in the second case, the costs caused by the discharge that do not correspond to the contract.

Article 244. Independent computation of time limits.

Unless otherwise agreed, the ironing deadlines set out in the policy for loading or unloading will be computed independently of each other.

Article 245. Payment, privilege and prescription.

The rules on payment, privilege and prescription of freight will apply to delays.

Section 5. Onboarding Knowledge

Subsection 1. Part of the onboarding knowledge on paper support

Article 246. Obligation to deliver the bill of lading.

1. Once the goods are on board the vessel, the carrier, the captain or the carrier's agent shall provide the loader with a bill of lading, which shall document the right to the return of those goods at the port of destination.

2. If the bill of lading has been issued before the goods are on board the vessel, the master must include an apostille in the document, once the shipment takes place, indicating "embarked" or "embarked", with expression of the day and time when the load was started and the time the load was finished, or replace the previous one with a new knowledge that the goods are actually on board the ship. If new knowledge is issued, the name of the ship must be mentioned.

Article 247. Plurality of knowledge.

If the charger requests it at the time of delivery of the goods, two or more original copies of the bill of lading must be delivered. In this case, the number of original copies to be delivered shall be recorded in each knowledge.

Article 248. Mandatory particulars of the bill of lading.

1. At the time of delivery to the charger, the bill of lading shall contain the following particulars:

1. º The name or social name and address or principal establishment of the carrier.

2. º The name or the name or the registered name and address or the main establishment of the charger and, if the knowledge is nominative, those of the recipient.

3. The description of the goods carried out by the loader, with the expression of the nature, the identification marks, the number of packages, and, depending on the cases, the quantity or the weight, as well as the apparent state that they have. If the charger has been requested, the value of the charger shall be included. If the goods were dangerous, this mention shall be made known in a prominent way.

If the goods are in containers, load trays, or other similar means, each container, tray, or similar shall be considered as a unit, unless otherwise specified.

If the goods could be transported on deck, it shall be expressly stated in the bill of lading.

4. The ports of loading and unloading of the goods and, in the case of multimodal transport, the places of start and completion of the transport.

5. The date of delivery of the goods to the carrier for transport and, if agreed, the date or time of delivery of the goods at the appropriate place.

6. The place of issue of knowledge and, if more than one has been delivered, the number of original copies.

2. The knowledge may also contain all the particulars or stipulations validly agreed by the loader and the carrier.

Article 249. Signing of the bill of lading.

1. The bill of lading shall be signed by the carrier or by an agent of the carrier acting on his behalf with sufficient power. If it is signed by the master of the ship, it shall be presumed to do so on behalf of the carrier mentioned in the knowledge.

2. If the bill of lading does not sufficiently identify the person acting as a carrier, it shall be understood as signed on behalf of the shipowner.

Article 250. Law of movement of the bill of lading.

1. The bill of lading can be the bearer, the order or the nominative.

2. The bills of lading to the bearer shall be transmitted by their delivery, those issued to the order by their endorsement and the nominative by cession according to the rules governing the assignment of non-endurable credits.

Article 251. Translational effectiveness.

The transmission of the bill of lading will produce the same effects as the delivery of the goods represented, without prejudice to the criminal and civil actions that correspond to those who have been unlawfully dispossessed of those. The acquirer of the bill of lading shall acquire all the rights and actions of the transmitte on the goods, except in the case of the agreements in matters of jurisdiction and arbitration, which shall require the consent of the acquirer in the terms referred to in Chapter I of Title IX.

Article 252. Right to the delivery of the goods.

1. The carrier will deliver the goods to the legitimate holder of the original knowledge, rescuing the document as proof of the fact of delivery.

2. In the case of delivery of the goods to a non-legitimate person, the carrier shall respond to the legitimate holder of the knowledge of the value of the goods at the port of destination, without being able to limit the amount of the liability.

3. If at the request of the loader more than one original of the knowledge has been issued with constancy in each of them of the number of original copies, the porter will be released making the delivery against the presentation and rescue of any of the original copies, the other of which is considered to be amortised to the carrier.

Article 253. Character of executive title.

The bill of lading will have the execution of the delivery obligation of the goods delivered to the carrier for its transport.

Article 254. Protection of the purchaser in good faith.

When a person is dispossessed by any cause of a bill of lading, it is already a knowledge of the bearer, already of an endurable knowledge, the new holder who would have acquired it among the living according to the law The document will not be obliged to return it if it has been acquired in good faith and without serious guilt. The rights and actions of the legitimate holder against those responsible for acts of unlawful dispossession shall be protected.

Article 255. Obligation to pay the freight.

The carrier will be able to refuse delivery of the goods to the recipient as long as it does not pay the freight and delays caused at the port of charge in the following cases:

a) When specifically set up by the bill of lading.

b) When the recipient is the same charterer, even if nothing is mentioned.

Article 256. Evidence of the bill of lading.

1. Unless proof to the contrary, the bill of lading shall attest to the delivery of the goods by the loader to the porter for its transport and for delivery to the destination with the characteristics and in the state that appear in the document itself.

2. The proof to the contrary shall not be admissible in front of a person other than the charger, including the consignee, who has acquired the knowledge of boarding in good faith and without serious fault, unless the carrier has made a statement of his/her knowledge the relevant reservations concerning the inaccuracy of the declarations contained in the document, relating to the goods received for their transport or to the state of the goods.

Article 257. Reservations per check.

1. If the carrier has checked that the description of the goods, the nature, the identification marks, the number of packages and, as the case may be, the quantity or weight declared by the loader does not coincide with the reality of the goods received, shall include in the knowledge a reservation in which it shall record the proven inaccuracies.

2. If the carrier has checked that the apparent state of the goods received does not correspond to that described by the loader, it shall include in the knowledge a reservation in which it shall state the actual state of the goods. By default, the carrier will be presumed to have received the goods in good condition.

Article 258. Reservations without checking.

If the carrier has not had adequate means to check the accuracy of the loader's declarations on the nature of the goods, the identification marks, the number of packages and, as the case may be, the quantity or the weight, may include in the knowledge the relevant reservation in which it shall record its impossibility of verification or what it reasonably considers to be accurate information.

Article 259. Effectiveness of the reserves.

The insertion of one or more reservations into a bill of lading will deprive the probative force document in the reservation terms.

Article 260. Legal warranty for the charger.

The carrier will take action against the charger to demand compensation for damages caused by the inaccuracy of the declarations relating to goods delivered for transport or to the state of the goods. same.

Article 261. Warranty letters.

The pact between charger and porter or the unilateral declaration of the first one committing to indemnify the porter for damages that could cause the lack of constancy in the knowledge of boarding of reserves in the data supplied by the charger or as to the apparent state of the goods or containers, will be fully valid and effective between the loader and the carrier, except bad faith in the omission of the reserves with the intention of harm to a third party, but will not have an effect vis-à-vis third parties to whom the knowledge.

Subsection 2. Of the onboarding knowledge in electronic support

Article 262. Issue.

1. The bill of lading may be issued in electronic form when the loader and the carrier have agreed in writing prior to the loading of the goods on board.

2. The contract between charger and porter must determine the system of emission and circulation of the knowledge; the system of guarantee of the security of the support and the intangibility of the content; the way of legitimization of the holder of the knowledge; the way to record the delivery of goods; and the way to prove the loss of validity or effectiveness of knowledge.

Article 263. Replacement of paper knowledge.

1. A bill of lading on paper may be replaced by another in computer support, with the prior written agreement between the legitimate holder of the knowledge and the carrier, with the content set out in the previous article.

2. In execution of the agreed-upon, the legitimate holder of the knowledge of boarding in support paper will hand over the knowledge to the porter. If there are two or more original copies, the delivery must include all those that have been delivered. At the same time, the carrier shall issue the bill of lading in electronic form, stating the fact and the date of the replacement, the identity of the legitimate holder and the fact that the bill of lading has become private. replaced.

Article 264. Legal status.

Electronic knowledge will be subject to the same regime and will produce the same effects as the one issued on paper support, without more specialties than those contained in the issue contract.

Article 265. Replacing knowledge in electronic support.

1. A bill of lading in electronic support may be replaced by another on paper, with the prior written agreement between the legitimate holder of the knowledge and the porter.

2. In execution of the agreed upon, the porter must give to the legitimate holder the knowledge of the boarding in support paper, in which it will record the fact and the date of the substitution of the knowledge of boarding in electronic support, the identity of the Legitimate holder and that the knowledge of the replaced boarding has become private.

Article 266. Effects of substitution.

From the time of replacement, the replaced bill of lading, whatever the new support, will be written off to all legal effects.

Section 6 of the Multimodal Transport Document

Article 267. From the multimodal transport document.

The transport document delivered by a carrier, or by an agent acting on its behalf with sufficient power, in a multimodal or combined transport shall be applicable to the rules laid down in this law for knowledge of boarding.

Section 7. Of the shipping cards

Article 268. Of the maritime transport cards.

1. Non-negotiable transport documents, and in particular maritime transport letters issued on the occasion of a maritime transport, are not securities.

2. The transfer of these documents does not give the acquirer a better right to the goods than the one which corresponded to the holder.

Article 269. Particulars of the maritime transport document.

The maritime transport document shall contain the particulars established for the bill of lading, as well as an express indication of its non-negotiable character.

Article 270. Evidence of the maritime transport letters.

The maritime transport cards will apply the rules on the probative force of the bill of lading and on the possibility of inserting reserves.

Article 271. Delivery of the goods.

When the carrier delivers a maritime transport document with the designation of the recipient, the recipient shall be entitled to the delivery of the goods at destination without the need to present the document.

Section 8. Of Early Contract Extinction

Article 272. General assumptions of extinction.

1. The contract will be extinguished in the following cases:

(a) If the contracted vessel, in accordance with Article 211, has been lost or permanently disabled before the sea is made to the sea, it shall be permanently disabled to sail through no fault of the parties. On time charters the extinction will occur at any time when the vessel is lost or permanently disabled.

(b) If the chartering is for travel or refer to the carriage of goods under the bill of lading and they are lost before the charterer or the loader is not at fault. In the chartering for time the loss of the goods shall not be applicable.

(c) If, before the ship is made to the sea, the contracted transport is made impossible by natural events, by provisions of the authorities or by causes beyond the will of the parties.

(d) If before the ship is made to the sea, an armed conflict shall occur in which the country of the loading port or the country of unloading is committed.

2. In the above cases, the carrier shall, where appropriate, carry out the unloading and return of the goods loaded. The cost of this operation will be borne by the charterer.

Article 273. Temporary impairment.

The contract will also be extinguished at the request of either party if, prior to the start of the trip, any impediment, independent of the will of any of them, which caused a delay so long as the parties would not be required to wait for their disappearance.

Article 274. Impairments during the trip.

If during the trip there are accidental circumstances that make it impossible, illegal or forbidden to continue, or an armed conflict that submits to the ship or cargo to risks not contemplated when hiring, the carrier will be able to arrive at the port more convenient to the common interest and to unload the goods there, requiring the charterer to take charge of them in that place. In such a case, the carrier shall be entitled to the freight in proportion to the distance travelled. In addition to the distance, the cost, the time and the risks of the part travelled in proportion to the total journey, account shall be taken for the calculation of the partial freight.

Article 275. Modification of the destination by the charterer.

In the charters of the entire ship per voyage, the charterer may order the discharge in port other than the agreed upon condition, provided that this does not expose the ship to higher risks than those provided for in the contract, paying the total freight contracted and the largest expenses incurred.

Article 276. Sale of the vessel.

1. In the event of the sale of the vessel before the loading of the goods begins, the buyer shall not be obliged to respect the contracts made by the seller, the chartering contract being extinguished if he is referring to the vessel sold, without prejudice to the right of the charterer to be compensated by the seller.

2. If the sale is over once the cargo has been started or the ship is on a journey, the buyer must comply with the contracts relating to the goods on board, subrogating to the rights and obligations of the carrier.

3. By way of derogation from paragraph 1, the buyer of the vessel shall respect the charters for a period of more than one year when he or she knew their existence at the time of acquiring the vessel.

Section 9. Of carrier liability for loss, damage, or delay

Article 277. Liability regime.

1. The carrier is responsible for any damage or loss of the goods, as well as the delay in their delivery, caused while in their custody, in accordance with the provisions laid down in this section, which will apply imperatively to any shipping contract.

The contractual clauses that directly or indirectly seek to mitigate or cancel the liability to the detriment of the holder of the right to receive the goods shall not have effect. However, such clauses, when agreed in the chartering policy and do not imply exoneration for the purpose or serious fault of the carrier, will have value exclusively in the relations between the latter and the charterer, without being able to object, in any case, to the recipient who is a person other than the charterer.

2. Contracts for the carriage of goods, national or international, under the bill of lading and the responsibility of the carrier, shall be governed by the International Convention for the Unification of Certain Rules of Knowledge of Embarque, signed in Brussels on 25 August 1924, the protocols amending it from which Spain is a State party and this law.

Article 278. Contractual carrier and cash carrier.

1. The responsibility set out in this section stands in solidarity with both those who undertake to carry out the transport and those who do it effectively with their own means.

2. In the first case, the transport agents, freight forwarders and other persons who commit themselves to the loader to carry out the transport through others will be included. The charterers of a vessel engaged in the form provided for in Article 207 shall also be included.

3. The vessel owner of the carrier shall be included in the second case.

4. The contract holder shall have the right to repeat against the effective carrier the compensation paid under the responsibility that is established in this article. The repeat action of the contractual carrier against the cash carrier shall be subject to a limitation period of one year from the time of payment of the compensation.

Article 279. Temporary period of liability.

The responsibility of the holder for the custody and preservation of the goods covers the period from which he takes care of the goods in the port of origin, until he makes them available to the recipient or person designated by is on the target port. If the port laws or regulations require the intervention of a company or agency in the operations of delivery of the goods to the carrier for its transport, or of the latter to the consignee, the carrier does not shall be responsible for the period in which the goods are in the custody of such undertakings or bodies.

Article 280. Delay in delivery.

There is delay in delivery when the goods are not delivered to the destination within the agreed period, or in the absence of the time, within the reasonable time required by the circumstances in fact.

Article 281. Responsibility for the transport of animals.

In the case of transport of live animals, the carrier must not respond to the loss, damage or delay arising from the specific risks inherent in such a transport genre, provided that it has acted in accordance with the specific instructions received from the loader. However, it must answer whether the claimant proves that the damage, loss or delay is due, in whole or in part, to the negligence of the carrier or its auxiliaries, dependents or independents.

Article 282. Limitation of liability for loss or damage.

1. The responsibility of the carrier for loss or damage of the goods carried shall be limited, unless the actual value of such goods has been declared in the bill of lading, to the figures laid down in the International Convention for The Unification of Certain Rules in Matter of Embargoing Knowledge and the Protocols that modify it from which Spain is a State Party.

2. If containers, load trays or other similar means of grouping of goods are used in the transport, any lump or unit listed in the bill of lading as included within that means of grouping shall be considered as as a lump or unit for limitation of liability for loss or damage. If the container or means of grouping has been supplied by the charger, it shall be considered as one more package for such purposes. If in the knowledge the enumeration of the content is not recorded, a single lump is considered to exist.

3. The carrier's liability regime and its limitation shall be applicable to any action which damages compensation for damage or losses experienced, irrespective of the procedure in which the action is carried out, as well as its the basis, whether contractual or non-contractual, and whether it is directed against the carrier or against the auxiliaries employed by him for the performance of his/her benefit.

4. The carrier shall not be entitled to limit its liability when it is proven that the damage or loss has been caused by the carrier, intentionally or by acting in a reckless and likely manner.

Similarly, the carrier's auxiliaries may not be able to override their liability when it is proved that the damage or loss has been caused by themselves, intentionally or acting in a reckless and with awareness of their likelihood.

Article 283. Limitation of liability for delay.

1. Liability for delay is limited to a figure equivalent to two and a half times the freight payable for the goods affected by the delay, but shall not exceed the total amount of the freight to be paid under the contract chartering.

2. In the event of compensation for breakdown and delay, the cumulus of both shall be limited to the figures established to limit liability for loss or damage.

3. The carrier's liability regime and its limitation shall be applicable to any action which damages compensation for delayed delays, irrespective of the procedure in which the action is carried out, as well as its merits, contractual or non-contractual and, whether directed against the carrier or against the auxiliaries employed by him for the performance of his or her benefit.

4. The carrier shall not be able to take precedence over the right to limit its liability when it is proved that the delay has been caused by it, intentionally or acting in a reckless and likely manner.

Similarly, the carrier's auxiliaries may not be able to override the right to limit their liability when it is proved that the delay has been caused by themselves, intentionally or acting in a reckless manner and with awareness of their likelihood.

Article 284. Successive porters.

1. In the case of transport carried out by successive porters under a single title, they shall be jointly and severally liable in the event of loss, damage or delay, unless the knowledge has been expressly agreed that each carrier shall not be liable for the damage caused to the journeys made by one of the other porters. In this case, only the carrier who assumed the path of damage, loss or delay will be responsible.

2. The holder who indemnifies the damage, loss or delay as a result of the solidarity established in the previous paragraph, shall take action against the carrier on whose journey the damage, loss or delay occurred. If the route in which the damage occurred, the loss or the delay could not be determined, the compensation shall be shared among the various porters in proportion to the freight accrued for each.

Article 285. Protests.

1. The consignee or his agent must be given written notice of the loss or damage suffered by the goods, describing in general terms their nature, during the next working day of their delivery. If the loss or damage is not apparent, the notice may be given within three working days of delivery. The warning shall not be necessary when the carrier and the consignee have carried out a joint inspection of the state of the goods.

2. The consignee or his agent must be given written notice of the delay in the delivery of the goods, describing in general terms the damage suffered, within 10 working days of delivery.

3. If the notice has been omitted or has been given out of time, it shall be presumed, unless proof to the contrary, that the goods have been delivered as described in the bill of lading.

Section 10 of the Prescription

Article 286. Prescribing actions.

1. The actions arising from the chartering contract shall be prescribed within one year.

2. In the case of compensation for losses, breakdowns or delays suffered by the goods, the time limit shall be counted from the delivery of the goods to the consignee or from the day on which they were due to be delivered.

3. In the same way, the deadline for the claim of freight, delays and other transport costs will be calculated. However, in the chartering for time, the time limit shall be counted from the day when the freight or other expenses were payable in accordance with the policy.

CHAPTER III

From the passage contract

Article 287. Concept.

1. By the contract of sea passage the porter is obliged, in exchange for the payment of a price, to transport by sea a person and, if necessary, his luggage.

2. The provisions of this Chapter shall not apply to friendly transport or to the clandestine passage. However, they shall apply to the free transport carried out by a maritime passenger carrier.

Article 288. Mentions of the ticket ticket.

1. The carrier shall extend the passage ticket inexcusably, which shall contain at least the following particulars:

a) Place and date of issue.

b) Name and address of the carrier.

c) Name of the ship.

d) Class and cabin number or accommodation.

e) Price of transport or free character of the same.

f) Output and destination point.

g) The date and time of boarding, as well as the arrival or estimated duration of the trip.

h) Summary indication of the route to be followed, as well as the planned scales.

i) The remaining conditions in which transport is to be performed.

2. For vessels providing port and regular services within the areas defined by the maritime authorities, the ticket may be replaced by a note indicating the name of the carrier, the service carried out and the amount of this.

Article 289. Issue of ticket ticket.

The ticket may be issued to the carrier or to a particular person. In the latter case, it may only be transmitted with the carrier's consent.

Article 290. Status of navigability.

1. The carrier shall take care to put and keep the ship in a state of navigability and suitably armed, equipped and equipped to carry out the agreed transport and to ensure the safety and comfort of the passengers on board, according to the conditions that were customary in the type of travel contracted.

2. The carrier shall make available to the passengers, at the agreed place and time, the vessel, as well as the spaces dedicated to those of its class and, where appropriate, the accommodation facilities acquired by the passengers.

Article 291. Obligation to make the journey.

The carrier must undertake the journey and make it to the point of destination without undue delay and by the agreed route or, in the absence of a pact, by the most appropriate according to the circumstances. It shall also provide the complementary services and medical assistance in the form established in regulation or in the uses.

Article 292. Travel interruption.

If the trip is interrupted before arriving at the port of destination, the carrier must bear the costs of handling and lodging the passengers while the ship repairs. If the ship is permanently disabled or the delay could seriously damage the passengers, the carrier must provide its transport to the agreed destination, without prejudice to the responsibilities required.

Article 293. Passenger rights and obligations.

1. The passenger shall be entitled to require the holder to comply with the obligations incumbent upon him in accordance with the rules of the European Union.

2. The passenger must pay the ticket price, present himself in good time for boarding and observe the arrangements established to maintain good order and safety on board.

Article 294. Carrier duties with respect to baggage.

The carrier must carry, in conjunction with the passengers and included in the ticket price, the baggage, with the weight and volume limits set by the carrier or by the uses. The above limits shall be subject to special provision, with the obligation to inform the passenger in advance of these baggage limitations and their cost.

Article 295. Baggage.

1. For the purposes of the foregoing Article, luggage or passenger cars carried by the carrier under a contract of passage, excluding those which are covered by a contract for the carriage of goods or animals, are considered to be luggage. live.

2. Cabin baggage is considered to be exclusively a cabin baggage that the passenger has in his cabin, or in the vehicle carried, or on the vehicle, or which he retains under his possession, custody or control.

3. The tourist vehicles and packages delivered to the carrier are considered to be hold luggage. When the baggage is admitted, the carrier shall record on the ticket or on a supplementary heel the following data:

a) Number and weight of packages or vehicles.

b) Name and place of the principal establishment of the carrier.

c) Passenger name.

d) The destination and output port.

e) Eventual declared value.

f) Transport price.

4. The provisions of Article 232 shall apply to baggage, where appropriate.

Article 296. Privilege and retention right.

The holder's rights of preference and retention on hold baggage shall be regulated in accordance with Articles 236 and 237.

Article 297. Termination of the contract.

The contract will be extinguished in the following cases:

(a) When the passenger does not embark on the date fixed, in which case the carrier shall make his fare of the ticket, unless the cause of the lack of boarding is the death or illness of the passenger or the family members who accompany and have been notified without delay or may have been replaced by another passenger.

(b) When the journey is made impossible or delayed by fortuitous causes, in which case the carrier shall return the fare and shall be exempt from liability.

(c) For any major modification in schedules, planned scales, deviation of the vessel from the agreed route, accommodation acquired by the passenger and the agreed terms of comfort, in which case, if the passenger opt for the decision, will be entitled to the return of the total price of the ticket or the proportional share of the same corresponding to the route that is missing to be carried out and to the compensation of damages, if the modification is not to be justified causes.

(d) If, before the start of the journey or during its execution, war events have arisen that expose the ship or the passenger to unforeseen risks, in which case both parties may apply for the resolution without compensation.

e) If the passenger is not able to continue the journey after the trip, the carrier shall be entitled to the proportional share of the price according to the route taken.

Article 298. Liability regime.

1. The responsibility of the carrier shall be governed, in any case, by the International Convention on the Carriage of Passengers and their Baggage by Sea, made in Athens on 13 December 1974 (PYE/PAL), the protocols amending it for which Spain is a State party, the rules of the European Union and this law.

2. The provisions of this Chapter shall apply imperatively to any contract of sea passage. Contractual clauses which directly or indirectly seek to mitigate or annul that liability shall not affect the holder of the right to claim compensation.

Article 299. Limitation of liability.

1. The responsibility of the carrier is limited to the quantities set out in the International Convention on the Transport of Passengers and their Baggage by Sea and Protocols amending it in force in Spain.

2. If the baggage is transported with declared value, accepted by the carrier, the limit of its liability shall be the responsibility of that value.

Article 300. Mandatory insurance.

1. The effective carrier executing the carriage on a vessel carrying more than 12 passengers shall be obliged to take out compulsory insurance for the liability for the death and bodily injury of the passengers it carries, with a limit per each passenger and each accident not less than that which the conventions and standards of the European Union lay down. The details of this compulsory insurance and of the certificate which the vessels must carry on board shall be regulated.

2. The injured party shall have direct action against the insurer up to the limit of the sum insured. The insurer may derogate from the same exceptions as the carrier in accordance with Article 3 of the International Convention on the Carriage of Passengers and their Baggage by Sea and, where appropriate, the fact that the accident was caused dolously by the insured. In any event, it may also object to the limit of liability laid down in Article 7 of the Convention, even if the insured person has lost it in accordance with Article 13 of the Convention.

CHAPTER IV

From the trailer contract

Article 301. Concept.

By the contract of towing the shipowner of a ship is obliged, in exchange for a price, to carry out with it the necessary maneuver for the displacement of another ship, ship or naval artifact, or to lend its collaboration for the manoeuvres of the towed vessel or, where appropriate, the accompanying or making available to the vessel.

Article 302. Trailer trailer.

1. Where the owner of the towing vessel is committed to the movement of the vessel or towed device, it shall be understood that, unless otherwise agreed, the direction of the manoeuvre corresponds to the master of the tugboat. The rules of Chapter II relating to the making available of the vessel in the chartering contract shall apply as long as they are consistent with the subject matter of the contract.

2. In cases where the towed elements have been delivered to the tugboat, it shall be understood that the tugboat assumes the custody of them, with the consequent responsibility.

Article 303. Trailer maneuver.

When the trailer is intended to assist the towing vessel in the towed vehicle, it shall be understood that, unless otherwise agreed, the direction of the manoeuvre lies with the control of the towed vessel.

Article 304. Liability for damages.

1. The shipowners of each of the vessels shall be liable for the damage caused to the other vessel as a result of the negligence in the performance of the services.

2. Both shipowners shall be jointly and severally liable to third parties for damage caused by the towing train, except to the extent that any of them proves that such damage does not result from causes attributable to their element in the trailer train. In any event, the right of repetition shall take place between shipowners in respect of the respective degree of fault.

Article 305. Trailer of fortune.

When towing services are requested in an extraordinary situation, which do not constitute a maritime salvage scenario, without having previously set the conditions for their delivery and price, the shipowner of the vessel tugboat shall be entitled to adequate remuneration for the services provided. This remuneration shall include the damage suffered by your vessel on the occasion of the trailer, the profit left to be obtained during the period of service, and a price appropriate to the service provided. This remuneration will not be conditional on the success of the operation.

Article 306. Prescribing actions.

Shares of the trailer contract are prescribed within one year.

CHAPTER V

From the nautical lease

Article 307. Concept.

By the nautical lease the lessor yields or makes available to the lessee, in exchange for price, a vessel or vessel for a period of time and for an exclusively sporting or recreational purpose.

Article 308. Applicable modalities and arrangements.

1. The nautical lease may be unfunded or provided.

2. The unallocated nautical lease shall be governed by the provisions of this Chapter, by those applicable to the contract for the lease of the vessel and by the covenants freely agreed by the parties.

3. The contract for nautical leasing shall be governed by the provisions of this Chapter, as provided for in Article 210 and by the covenants freely agreed by the parties.

4. The provisions of this Chapter shall be of an imperative nature.

Article 309. Delay in the delivery of the vessel or vessel.

1. If the agreed date of the lessor is delayed in the delivery of the vessel or vessel or in its making available to the tenant, the lessor shall pay the tenant the amount to such an agreed effect or, failing that, an amount proportional to the delay caused.

2. If the delay in the delivery or making available is greater than forty-eight hours, in addition to the compensation referred to in the preceding paragraph, the lessee may choose to terminate the contract or extend it for a time equivalent to the delay.

Article 310. Tenant's instructions and professional pattern of the pattern.

In the lease with crew, the employer and, where appropriate, the other members of the staff, shall follow the instructions of the lessee as to the employment of the vessel within the agreed condition, provided they do not put the safety on board or navigation, in which case the professional standard of the employer shall prevail, being obliged both the tenant and his companions to follow the relevant orders or indications given by him.

Article 311. Duty to report the damage suffered.

In the unfunded lease, the lessee shall inform the lessor, as soon as possible, of any damage or incident that affects or may affect the navigability or safety of the vessel or vessel.

Article 312. Mandatory insurance.

The lessor is obliged to contract and maintain in force, for the duration of the contract, the mandatory liability insurance, in accordance with the terms laid down in regulation and in accordance with the provisions of the Article 464.

Article 313. Prescription.

The shares arising from the nautical lease are prescribed within one year from the date of termination of the contract or the final landing of the lessee and his companions, if any back.

TITLE V

From the auxiliary contracts in the navigation

CHAPTER I

From the naval management contract

Article 314. Concept.

By the contract of naval management a person undertakes, in exchange for a remuneration, to manage, on behalf of and on behalf of the shipowner, all or some of the aspects involved in the operation of the ship. Such aspects may refer to the ship's commercial, nautical, employment or insurance management.

Article 315. The exercise of the obligations of the manager.

The manager must fulfil his obligations with the diligence of an ordered businessman and a loyal representative, protecting the interests of the shipowner.

Article 316. The ways of acting for the manager.

1. In its relations with third parties, the manager must state his status as the owner of the shipowner, stating the identity and address of the owner of the contract in respect of the contracts concluded.

2. If the manager does not contract in the terms of the previous paragraph, it shall be jointly and severally liable with the owner of the obligations assumed by him.

Article 317. Applicable regime.

The relationship between the shipowner and his manager shall be governed by the terms of the management contract and, failing that, by the rules governing the agency or trade commission contract, whether or not they relate to a relationship durable.

Article 318. Non-contractual liability.

The manager will respond in solidarity with the owner of the damages that are caused to third parties as a result of the acts of that or of its dependents, without prejudice to the right of one and the other limit liability under the terms set out in Title VII of this Act.

CHAPTER II

From the ship consignment contract

Article 319. Concept.

The person who, on behalf of the shipowner or the vessel, deals with the material and legal arrangements necessary for the dispatch and other attention to the ship in port, is understood by the consignee.

Article 320. Regime.

The internal relations between the consignee and the shipowner or shipping vessel shall be governed by the legal regime of the contract of trade commission in the case of occasional entry. In the case of continued or stable consignations, the legal status of the agency contract shall apply. In the latter case, the exclusivity in the consignment may be agreed.

Article 321. Signing of onboarding knowledge.

The consignee may sign on behalf of the shipowner or ship the shipping knowledge of the goods loaded on the vessel, in which case he must record the name and address of the vessel. If it fails to do so, it will respond to transport jointly and severally with the shipowner or shipping vessel. The same rule shall be followed when the consignee signs the knowledge on behalf of the charterer.

Article 322. Liability for damage to goods.

The consignee shall not be liable to the recipients of the transport of the compensation for damage or loss of the goods or for delay in their delivery. However, it will be responsible to the shipowner or ship for damage caused by their own fault.

However, the consignee shall receive the claims and reservations for loss or damage to the goods directed to him by the recipient of the transport, committing himself to communicate them immediately to the shipowner or ship. The claims and reservations communicated to the consignee shall have the same effect as those made to the shipowner or vessel.

Article 323. Handling tasks.

When the ship's consignee performs port handling duties, the rules of this activity shall apply to it.

Article 324. Acting as a freight forwarder.

Where, in addition to the consignment, actions are carried out as a freight forwarder or other type of action, the obligations laid down for the consignee shall be added to the supplementary benefits in particular assumed.

CHAPTER III

From the pilotage contract

Article 325. Pilotage contract.

By the contract of pilotage a person called practical is obliged, in exchange for a price, to advise the captain in the performance of the various operations and maneuvers for the safe navigation of ships by harbour waters or adjacent.

Article 326. Reciprocal duties.

1. Captain and practice are required to jointly plan the vessel's manoeuvre and, for this purpose, to exchange the necessary information for this purpose.

2. In addition, captain and practice shall cooperate with each other throughout the exercise of the exercise.

Article 327. Preeminence of the captain.

The presence of practical on board does not relieve the officer in charge of the duty of the duties incumbent on him in relation to the safety of the navigation, nor does it replace the superior authority of the captain in everything that has to do with the government and the nautical address, without prejudice to the fact that the advice of the practice can be demonstrated by direct instructions for manoeuvre or even the execution of the latter by itself, by means of express or tacit consent of the master.

Article 328. Liability for damages during the execution of the pilotage.

1. Damage and accidents caused to the ship or to third parties for inaccuracy or omission in the advice which the practice must provide to the master shall be imputable to the master, without prejudice to the concurrence of the fault which may be appreciated when the captain has incurred in error or negligence in following the instructions received.

2. Damage caused solely to the practice shall be liable to be liable.

3. The damage caused by shared fault shall be jointly and severally liable to the captain and the shipowner.

4. In the cases set out in the preceding paragraphs, the rules of limitation of liability for shipowners and practicalities shall apply.

CHAPTER IV

From the port handling contract

Article 329. Applicable concept and regime.

1. For the contract of port handling an operator undertakes, in exchange for a price, to carry out all or some of the operations of handling of the goods in port provided for in this law or others of similar nature.

2. The liability regime of the operator for loss, damage or delay in the delivery of the goods set out in this Chapter shall not be contractually modified to the detriment of the service contractor.

Article 330. Obligations.

1. The contract for the port handling of goods may include cargo, unloading, stowage and desestiba operations on board vessels, as well as those for reception, sorting, warehousing and storage at dock or port warehouses, and for intra-port transport. It may also include similar or related material operations to previous ones. All of them shall be implemented in accordance with the applicable rules applicable to them.

2. Where the port operator acts on behalf of the shippers or recipients of the goods, he shall carry out the protests or complaints about his condition and condition at the time when he receives them from the carrier. It shall be liable for the damage caused by its omission or extemporaneous performance.

Article 331. Procurement of operations.

The port handling operations of the goods may be contracted directly by the shippers or recipients of the goods, or by those who have assumed the obligation to verify them.

Article 332. Documentation.

1. The port operator may collect in a written receipt the receipt of the goods for handling, stating his condition and quantity as soon as possible to determine them by examination. This written receipt may be replaced, at the discretion of the operator, by a mere acknowledgement of receipt, which shall be recorded by adding the date and signature of the operator in any document presented to him by the person giving him the goods in which the goods remain duly identified.

2. The issuing and signature of the document certifying the receipt shall be obligatory if requested by the person who delivers the goods. The operator may, however, choose between the issue of the written receipt or the provision of a mere acknowledgement of receipt.

3. If the receipt has not been issued or the corresponding acknowledgement of receipt has not been issued, the operator shall be presumed to have received the goods in good apparent condition, unless otherwise tested.

Article 333. Foundation of the responsibility of the port manipulator.

1. The port operator will be liable for any damage, loss of goods or delay in delivery, caused while they were in their care as long as they did not prove that they were due to fortuitous causes and that, in order to avoid its effects, the operator or its (a) the aid was not available for the aid. The period of liability of the operator extends from the time he took charge of the goods until he delivered them or made them available to the person entitled to receive them.

2. Unless the port operator has been given written notice of the loss or damage suffered by the goods, describing in general terms its nature, within three working days of delivery, it shall be presumed, unless proof is which have been delivered in the same condition as described in the receipt receipt or, if no such receipt was issued, in good condition. The period shall be 15 calendar days in case of non-apparent damage.

Article 334. Limitation of liability.

1. Without prejudice to the loss of the benefit of the limitation of the liability of the carrier for loss or damage of goods provided for in Article 4.5.e) of the International Convention for the Unification of Certain Rules of Knowledge of Embarque, which shall also apply to the port handling operator, the liability of that operator for the loss or damage of the goods transported shall be limited in accordance with the following rules:

(a) In cases of loss or damage to goods, it shall be limited to a sum of two special drawing rights, defined by the International Monetary Fund, per kilogram of gross weight.

(b) Where the loss or damage of a part of the goods affects the value of another party, account shall be taken of the total weight of the goods lost or damaged and of the goods whose value has been affected to determine that value. limit of liability.

(c) In the event of delay in delivery, it shall be limited to a sum equal to two and a half times the remuneration to be paid for its services in respect of goods which have suffered the delay, without exceeding the the total amount of the remuneration due by the consignment of which the goods are part.

2. In no case shall the accumulated liability for loss or damage plus the delay derivative exceed the sum that would be applicable for the total loss of the goods under paragraph 1.a.).

Article 335. Application of the liability regime to the various actions.

The system of liability of the port manipulator and its limitation as set out in the foregoing Articles shall apply to any action that damages damages, losses or delays experienced, irrespective of the procedure in which the action is carried out, as well as its basis, whether contractual or non-contractual, and whether it is directed against the port manipulator or the auxiliaries which it uses for the performance of the their benefit.

Article 336. Legitimization and actions.

The liability of the port operator for damages or losses of the goods handled may be required, in any case, by the person who contracted with him the corresponding operations. In addition, the consignee of the goods transported whose handling has been taken over by the carrier, freight forwarder or transport operator shall have direct action against the operator in order to claim that responsibility, without prejudice to the also to be claimed against such a carrier, freight forwarder or commission.

Article 337. Prescribing actions.

Claims for damage, loss or delay of handled goods will be prescribed within two years of being delivered by the responsible operator. In the event of a total loss, that period shall count from the day on which they were due.

Article 338. Right of retention.

The port handling operator will be entitled to retain the goods in its possession while the price due for its services is not paid to it.

TITLE VI

From navigation crashes

CHAPTER I

From The Approach

Article 339. Legal regime and concept of approach.

1. The approach shall be governed by the provisions of the International Convention for the Unification of Certain Rules of Procedure, signed in Brussels on 23 September 1910, the other conventions on this subject of which Spain is a party and by the provisions of this chapter.

2. It is understood by approach to the collision involving ships, vessels or naval vessels, of which damage is caused to some of them or to people or things.

3. The damage that a ship, ship or naval device causes to another without contact as a result of an incorrect maneuver in the navigation shall also be regulated by the rules contained in this chapter.

4. The provisions of this Chapter shall not apply to approaches involving State vessels.

Article 340. Foundation of responsibility.

1. The owner of the vessel, vessel or ship responsible for the approach shall compensate for the damage suffered by the other and for the persons and things on board, as well as those caused outside them. In the case of sports or recreational craft, this obligation shall be borne by the owner or owner.

2. The causal relationship and the fault in the approach must be proven by the person claiming compensation.

Article 341. Shared fault approach.

1. In the case of an approach caused by fault shared by both vessels, the liability of their respective shipowners shall be graduated in proportion to the degree of fault attributed to each vessel or, where appropriate, vessel or ship.

2. Where the degree of fault cannot be established due to the circumstances of the event, or where the misconduct is equivalent, the liability shall be attributed to both shipowners to equal parties.

Article 342. Assumptions of solidarity.

1. Both shipowners are jointly and severally liable in cases of shared fault with respect to damages suffered by third parties, be they personal or material.

2. The shipowner who has paid compensation under that solidarity shall enjoy the right of return against the other shipowner in proportion to the degree of fault of his vessel.

Article 343. Exceptions to be applied in case of solidarity.

The shipowner who is sued in the shared fault cases may validly oppose the exceptions which, in its extension, correspond to the other shipowner, in particular those arising from the contractual title which may exist between them or those applicable for limitation of liability.

Article 344. Requirement for formal requirements.

1. The enforceability of the allowance by approach shall not be subject to compliance with any formal requirement, without prejudice to the burden of proving the facts constituting the claim.

2. However, the parties involved in an approach should be provided with a reciprocal inspection of the damage suffered.

Article 345. Applicability of the rules.

1. The rules of this Chapter shall apply in any event to liability for damage arising from boarding, irrespective of whether such liability is required in civil or criminal proceedings or in an administrative procedure.

2. Such rules shall not apply to relations between parties linked by a charter, passage or work contract, which shall be governed by their specific rules.

Article 346. Pollution damage resulting from an approach.

Pollution damage caused by an approach shall be governed by the provisions of Chapter V.

CHAPTER II

From the coarse breakdown

Article 347. Concept and requirements of the act.

There is an act of gross breakdown when, intentionally and reasonably, an extraordinary damage or expense is caused for the common salvation of the goods committed on a sea voyage, in order to be all threatened by a hazard.

Article 348. Permissible sacrifices in gross breakdown.

Only damage or expenses which are a direct or foreseeable consequence of the act of failure shall be admissible in the active mass of gross breakdown.

Article 349. Contribution to the coarse breakdown.

Damages or expenses incurred in gross breakdown shall be borne by the holders of the interest at risk at the time of the breakdown, in proportion and with the limit of the value saved from each of them.

Article 350. Absence of formalities.

Without prejudice to the provisions of this law regarding the obligations of the captain concerning the Navigation Diary, the duty to contribute to the gross breakdown is not subordinate to the fulfilment of any formal requirements on board.

Article 351. Cause to blame for the danger situation.

When the danger situation that warrants the act of gross breakdown is due to the fault of some of the parties involved in the trip, all damages and expenses caused will be borne by the culprit, and there will be no contribution of the innocent parties.

Article 352. Right of retention.

The shipowner may retain, on board or on shore, the goods transported as long as the persons concerned do not constitute a sufficient guarantee of the fulfilment of their obligation to contribute. They shall also enter into a breakdown of the breakdown, detailing the goods concerned and their value.

Article 353. Private settlement.

The liquidation of malfunctions done privately, except that in the title that the original has been agreed otherwise, it has no force to force for the interested parties, who will be able to discuss it in the judicial procedure corresponding.

Article 354. Settlement by public certification file.

In default of private liquidation, the breakdown of the breakdown shall be carried out in accordance with the procedures provided for in Articles 506 to 511.

Article 355. Prescription.

The right to demand the contribution to the gross breakdown prescribes the year of ending the journey in which it took place, understanding that for each consignment of goods ends at the moment of its definitive discharge. This period is interrupted by the commencement of a private or public certification procedure for liquidation.

Article 356. Freedom of covenants.

1. Those interested in the journey may at any time freely agree on the rules under which the liquidation will take place. In the absence of precision in any other sense, the most recent version of the Rules of York and Antwerp shall be applicable and, in the absence of any choice of rules, the rules laid down by law shall apply.

2. The private liquidation of the gross breakdown by a liquidator, designated by the shipowner, may also be agreed.

CHAPTER III

From Save

Article 357. Legal regime.

The rescue will be governed by the International Convention on Marine Salvage, made in London on April 28, 1989, by the Protocols that modify it from which Spain is a State party and by the provisions of this chapter.

Article 358. Concept.

1. Any act undertaken to assist or assist a ship, vessel or ship, or to safeguard or recover any other goods which are in danger in any navigable waters, with the exception of the Inland waters which are not in communication with the waters of the sea and are not used by vessels of sea navigation.

2. The assistance provided shall not be considered to be provided in a permanent and intentional manner on the coast.

3. No rescue operation shall be considered as having as its object the underwater cultural heritage, which shall be governed by its specific legislation and the international treaties in force in which Spain is a party.

4. The immediate discovery and recovery of abandoned goods in the waters or their coasts shall be considered as rescue, unless they are the product of the same sea or of the navigable waters.

Article 359. Application to ships of State.

1. The rules on rescue shall apply to vessels and vessels of State as defined in Article 3. However, in these cases the prize must be requested by the appropriate administrative procedure, without the rules on the retention or embargo of the ships or goods being saved.

2. In addition, the rules shall apply to the use of the same by the Member State of the State in which the award of the award is made by the competent authority of the Member State concerned. application.

Article 360. Rescue ordered or supervised by the public authority.

Public authorities that order or supervise a salvage, or their officials, shall not be entitled to any prize. However, saviours who perform the operations ordered or supervised by those who are entitled to such operations shall be entitled to the award in accordance with the provisions of this law.

Article 361. Rescue contracts.

1. Interested parties may contract the conditions of rescue freely, without any limit to their non-abrogable obligation to act with the necessary diligence to avoid or to minimize damage to the environment.

2. The master and the shipowner of the vessel are entitled to conclude a rescue contract on behalf of the owner of the goods on board.

Article 362. Right to prize.

1. Salvage operations which have produced a useful result shall entitle the saviours to an award, the amount of which shall not exceed the value of the vessel and other goods saved.

2. Payment of the prize shall be made for all interests linked to the ship and other goods saved in proportion to their respective values, without prejudice to the fact that the prize may be paid by the shipowner of the saved vessel, subject to his or her right to repeat against the rest of the interests of the goods on board saved by their respective contributions or from what is appropriate in case of a gross breakdown.

In the case of the rescue of goods which are not on board or have not been transported by a vessel, the holder of such goods shall be liable for the prize.

3. It will be awarded even if the savior and saved vessels belong to the same owner.

Article 363. Distribution of the award between shipowner and endowment.

1. The prize for the rescue, excluding the part corresponding to the compensation of damages, expenses or damages of the savior, shall be distributed among the shipowner of the savior vessel and its endowment in the proportion of one third and two thirds respectively, except pact to the contrary. The distribution of the part of the envelope between its components shall be made in proportion to the basic salary of each category.

2. The rule set out in the preceding paragraph shall not apply to tugboats or to armed and equipped for rescue vessels, where the rights to the envelope shall be governed by the provisions of their respective boarding contracts or in collective agreement.

3. In the case of foreign vessels, the above distribution rules shall apply unless otherwise provided by the flag law.

Article 364. Prohibition of the rescue.

Services provided notwithstanding the express and reasonable prohibition of the shipowner or the captain of the assisted vessel, or the owner of any other goods in danger who are not or have not been on board the vessel, shall not give right to award.

Article 365. Right of retention.

1. The savior shall have the right to retain the ship and other goods saved under his control, in the port or place where they have been taken after the completion of the rescue operations until the guarantee is provided for by the amount of the prize to be claimed.

2. The shipowner of the ship saved, at the request and at the expense of the savior, shall be obliged to make the delivery of the goods carried by that vessel subject to the constitution by the recipients of sufficient guarantee to answer the prize which they are awarded. may affect. In the event of non-compliance with this obligation, it will be responsible for the damages suffered by the savior.

Article 366. Foreign vessels and cargoes with sovereign immunity.

1. Unless the flag State consents to it, the foreign State vessels which, when the aid is granted, shall enjoy sovereign immunity in accordance with the provisions of this law shall be excluded from the application of the rules on rescue. principles generally recognised in international law.

2. The non-commercial property of a foreign State which enjoys the immunity referred to in paragraph 1 shall also be excluded, except the consent of the owning State.

Article 367. Intervention by the Maritime Administration.

1. The Maritime Administration will be in any case empowered to intervene in the rescue operations carried out in the Spanish marine spaces, in order to safeguard the safety of the navigation, the human life in the sea and the environment against marine pollution. To this end, the Administration may direct or provide instructions relating to rescue operations which shall be carried out by the master, the shipowner or his representative, the loader and the savior.

2. When, as a result of the direct action of the Maritime Administration, awards or compensations are produced, they will be entered directly into the Treasury, and can generate credit for the development of the activities that have produced the Revenue quoted.

When the Administration performs the activities referred to above through private or public entities, it may agree to the distribution of the aforementioned prizes or compensation in the appropriate contracts. of the provision of services.

Article 368. Property saved from unknown property.

1. Those who during navigation or from the coast will save property that they find dispossessed and are of unknown property will be obliged to communicate it to the Navy in the first port of call.

2. The Navy will initiate a file on the investigation of the legitimate owners, in the form that is determined to be determined, which must necessarily include the notification to the flag consul if it is a vessel or vessel. registered. The savior will be able to retain the saved goods in the meantime, taking the necessary steps for proper conservation.

3. Located in the case of the owner, the competent authority of the Navy shall notify its identity to the savior, thus assisting in this respect the rights provided for in Article 8.2.c) of the International Maritime Salvage Convention and in the Article 365, without prejudice to the actions that correspond to it in order to cover the costs of conservation and to obtain the price to be obtained by the rescue.

4. In the event that the owner is not located within six months of the start of the administrative file, the Navy shall take appropriate measures for the assessment of the saved goods. If the value does not exceed three thousand euros, the savior will make his goods after the expenses of the file have been paid. If the value exceeds that amount, the goods shall be sold in public auction, being for the savior, after the expenses of the file have been paid, in addition to that amount a third of the part of the price obtained exceeding three thousand euros the costs incurred by the applicant. The rest, if any, will be entered into the Public Treasury.

5. The provisions of this article are, in any case, without prejudice to the provisions of the prohibited or restricted trade goods in Article 381, in which case the Navy will proceed to give the goods the corresponding destination according to the legislation that is applicable.

6. The authorities of the ports are obliged to facilitate the entry and stay of the saved goods, however, being able to pass on their legitimate holder the expenses in which he would have incurred.

In any case, goods saved by publicly owned ships, armed and equipped for rescue, will be exempt from expenses and charges.

CHAPTER IV

Of shipwrecked or sunken goods

Article 369. Cases of application and relationship to the rescue scheme.

1. The rules of this Chapter shall apply to any operation aimed at the recovery of shipwrecked vessels or other goods situated at the bottom of the navigation areas identified in each case, without prejudice to the possibility of such operations being salvage, in which case the relations between the holder and the savior shall be governed by the rules of the previous chapter.

2. Rules on the removal of shipwrecked or sunken vessels shall be in any case applicable.

3. Unless otherwise expressed in the rules of this Chapter, its rules shall not apply to the sub-aquatic cultural heritage, which shall be governed by its specific rules.

Article 370. Obligation to notify.

1. The masters and shipowners of the vessels that are shipwrecked or are located in the Spanish maritime spaces, are obliged to notify the facts to the Maritime Administration in terms and for the effects to be determined regulentarily.

2. The same obligation shall apply to owners of other shipwrecked goods which are not carried on board vessels or vessels.

Article 371. Communication to the owners of the crashed goods.

The Maritime Administration shall proceed on its own initiative to inform the owners of the vessels and other affected assets of their situation in order to enable them to take the urgent measures that suit their interests.

Article 372. The duty to be a beacon and to prevent contamination.

Shipowners of ships, and owners of shipwrecked or sunken goods, are obliged to immediately carry out the operations of the balizing, as well as the prevention of pollution, that are necessary for the safeguarding of national interests. They shall be subject to the instructions and orders given by the Maritime Administration.

Section 1. Of Property Rights

Article 373. Conservation of the property.

1. The ownership of ships or other shipwrecked or sunken goods shall not be affected by the fact of their shipwreck or sinking, not by their abandonment but by the express will of the holder.

2. The owners of such goods may dispose of them and, in particular, leave them in favour of the insurer where appropriate.

Article 374. Prescription in favor of the State.

1. The State shall acquire ownership of any vessel or whether it is shipwrecked or sunk in the sea inland waters or the Spanish territorial sea after three years after the shipwreck or sinking, except that of the ships and vessels of State.

2. It shall also acquire ownership of ships or goods which, at the end of the period mentioned above, are located in the exclusive economic zone or offshore and are owned by Spaniards.

Article 375. Interruption of the acquisition prescription.

The limitation period shall be interrupted at the time when the removal is requested, provided that the extraction is initiated within the period granted. It will run again if the jobs are suspended or the deadline granted to them ends.

Section 2. Of The Extractor Regime

Article 376. Scan operations.

Operations for the exploration, tracing and location of shipwrecked or sunken vessels and goods in the maritime inland waters or in the Spanish territorial sea will require authorization from the Navy, which will grant it to credit the property or, in other cases, discretionally and without exclusive character.

Article 377. Extraction operations.

The operations of the extraction of shipwrecked or sunken vessels and goods in the maritime inland waters or the Spanish territorial sea will require prior authorization from the Navy, which will set the deadlines and conditions for its realization. Authorisation holders are required to account for the start and end of operations, as well as to facilitate their inspection and surveillance by the Navy.

Article 378. Holders of the right to extraction.

1. Owners of shipwrecked or sunken vessels or goods may be required to obtain the removal authorisation by duly crediting their domain.

2. If there are several owners, the request must be made according to each other, or by mediating the resignation of those who are not interested in the extraction.

3. In the case of the extraction of ships and goods on board, the initiative for the removal of vessels shall be the responsibility of the owner of the vessel.

Article 379. Contracts for extraction.

The application for removal may be filed by third parties other than the owner who have concluded a salvage contract or any other valid class in law.

Article 380. Extraction of ships or property owned by the State.

When the ownership of the ships or goods corresponds to the State, and does not agree with the direct extraction or exploitation, the Navy may grant it through competition under the law of the Public Administrations.

Article 381. Extraction of prohibited or restricted trade goods.

The extraction of weapons, ammunition, explosives or other military equipment that may affect the National Defense, as well as objects belonging to the underwater cultural heritage and other prohibited or restricted trade goods it shall be subject to the applicable special rules and to the scheme which, where appropriate, is laid down in the public authorisation or contract for the relevant extraction.

Article 382. Shipwrecked or sunken vessels and vessels.

1. Without prejudice to the provisions of Articles 358.4 and 359, whichever is the time when their loss occurred and the place where they are, the Spanish vessels and vessels that have been wrecked or sunk, their remains and those of their equipment and cargo, are state-owned, inalienable, imprescriptible and non-embargable public domain goods and enjoy immunity from jurisdiction.

2. Operations for the exploration, tracing, location and extraction of shipwrecked or sunken Spanish vessels and vessels shall require the authorization of the Navy, which has full powers for its protection, without prejudice to the provided for in the legislation on historical and cultural heritage, where appropriate.

3. The remains of foreign warships sunk or shipwrecked in Spanish maritime spaces enjoy immunity from jurisdiction as provided for in Article 50. However, the operations of exploration, tracing, location and extraction of the same shall be agreed between the competent bodies of the flag State and the Ministry of Defence. Where appropriate, such operations shall be subject to the provisions of the Convention on the Protection of the Underwater Cultural Heritage of 2 November 2001.

Article 383. Objects belonging to the underwater cultural heritage located beyond the territorial sea.

1. The regulation and authorisation of activities aimed at the underwater cultural heritage in the Spanish contiguous zone, as well as the authorisation of activities aimed at the underwater cultural heritage in the exclusive economic zone and on the platform Continental shall be governed in accordance with the provisions of the Convention on the Protection of the Subaquatic Cultural Heritage of 2 November 2001 and other treaties in which Spain is a party, as well as in specific legislation.

2. In any case, the extraction of archaeological or historical objects located at the bottom of the sea of the Spanish contiguous zone shall be required. The recovery of such goods without the mandatory authorisation shall be punishable as an offence committed on Spanish territory.

CHAPTER V

From civil liability for pollution

Article 384. Scope of application.

The civil liability for pollution damage to Spanish coasts and maritime spaces, which comes from ships, vessels, naval vessels and platforms, will be governed by the provisions of this chapter. fixed, wherever they are located.

Article 385. Responsible subjects.

1. It shall be obliged to indemnify the damage caused by pollution to the ship's owner or to the holder of the use or operation of the naval device or platform at the time of the occurrence of the pollution, without prejudice to its right of repeat against the people guilty of that fact.

2. Where several vessels are involved in the event of pollution, their shipowners shall be jointly and severally liable to compensate for the damage caused by pollution, unless they can reasonably be attributed to them by way of exclusive to one of the ships.

Article 386. Foundation of responsibility.

1. The shipowner shall be liable for the damage caused by the mere fact of his production. However, it shall be exonerated if it proves that the damage has been caused by an unavoidable force majeure, by the negligence of any authority which is responsible for the maintenance of lights or other aids to navigation, or by an action or intentional omission of a third party, except for the responsibility it reaches to the third party.

2. Without prejudice to the international conventions which are applicable, the requirement of responsibility shall be based on the principles of caution and preventive action, in the principle of correction, preferably at the source, of the attacks on the the environment and the polluter pays principle.

Article 387. Fault of the injured person.

If the shipowner proves that the pollution damage resulted, in whole or in part, from a wrongful or wrongful action or omission of the person who suffered them, he or she would be completely or partially exonerated of his liability to that person. person.

Article 388. Scope of the compensation.

1. Losses or damage caused by pollution outside the ship shall be indemnified.

2. The cost of the measures reasonably adopted by any person after the disaster will also be indemnified in order to prevent or minimise pollution damage.

In any case, the limitation of the regulated liability in Title VII of this Law shall apply.

Article 389. Mandatory insurance.

1. Liability insurance shall be compulsory for pollution damage to coastal and inland waterways, the minimum conditions and coverage of which shall be determined by regulation.

2. Those harmed by pollution damage shall have direct action against the insurer of civil liability up to the limit of the sum insured. The insurer may derogate from the same exceptions as the shipowner in accordance with Articles 386 and 387 and, in addition, that the pollution was caused by an intentional act of the same shipowner. You may also make use of the limitation of liability applicable under the previous article.

Article 390. Navigation ban.

1. The Maritime Administration shall prohibit the navigation of vessels or vessels and the activity of naval vessels or fixed platforms which do not have the insurance cover referred to in the previous Article.

2. It shall also refuse entry or exit from the national ports, and from anchorages or terminals situated in inland sea or territorial waters, to foreign vessels, vessels or vessels which do not have such cover. insurance.

Article 391. Preferential application of international conventions.

1. The provisions of the international conventions for Spain to be a party to civil liability for damage caused by oil pollution or by harmful, dangerous or toxic substances, or by the fuel of ships, shall apply. preferred at their respective scope.

2. The provisions of this Chapter shall not apply to damage caused by radioactive or nuclear substances, which shall be regulated by their specific provisions.

TITLE VII

From limitation of liability

CHAPTER I

General provisions

Article 392. Right to limit liability.

The right to limit liability to claims arising from the same accident shall be governed by the provisions of the 1996 Protocol which amends the International Convention on the Limitation of Liability by Maritime Law Claims, made in London on 19 November 1976, with the reservations made by Spain in the Instrument of Accession, and in this title.

Article 393. Relationship to the liability regime.

The liability limitation regime shall apply regardless of whether the liability is required in a judicial proceeding of a civil, social or criminal nature, or on an administrative basis.

Article 394. Scope of application.

1. The rules of this Title shall apply provided that any of the rightholders of the right to limit invoke that right before the competent Spanish judicial or administrative bodies. To this end, the nationality or domicile of the creditors or debtors, as well as the flag of the vessel in respect of which the right of limitation is invoked, shall be irrelevant.

2. The responsibilities for naval devices and fixed platforms constructed for the exploration or exploitation of the natural resources of the seabed or the marine subsoil shall not be limited.

Article 395. Special limitation regimes.

1. The provisions of this Title shall be without prejudice to the specific limitation rights set out in this law for the maritime carrier of goods or passengers within the framework of claims for non-compliance with the relevant provisions transport contracts.

2. In each case, the carrier owner or the carrier charterer may opt for the application of the specific limitation scheme referred to in the preceding paragraph, or for the global character set out in this Title.

CHAPTER II

From Limitable Credits

Article 396. Claims subject to limitation.

1. The complaints listed below will be subject to limitation:

(a) Claims for death or bodily injury, or for loss or damage to things, including damage to port works, waterways, navigation aids and other goods of the maritime or port demanium, which is they have produced on board or are directly linked to the operation of the ship or to rescue operations, as well as the damage resulting from any such cause.

(b) Claims related to the damage resulting from the delay in the transport of cargo, passengers and their luggage.

(c) Claims related to damages arising from the injury of non-contractual rights, irrogated directly on the occasion of the operation of the ship or with salvage operations.

(d) Claims promoted by a person other than the person responsible for the measures taken to prevent or reduce the damage to which the person responsible may limit his or her liability and those arising from such measures, except where they have been adopted under a contract concluded with the responsible person.

2. The claims set out in paragraph 1, whatever the liability claims, shall be subject to limitation of liability irrespective of whether the action exercised is of a contractual or non-contractual nature.

Article 397. Claims excluded from limitation.

1. The claims listed in Article 3 of the International Convention on the Limitation of Liability for Maritime Law Claims shall not be limited.

2. The claims of the Maritime Administration or Port Authority that are foreseen in the regulatory standards for the removal of ships will also be limited.

CHAPTER III

Of the maximum amounts of compensation

Article 398. General limits.

Except in the cases provided for in the following Article, the maximum amount of compensation payable for limited claims shall be calculated for each accident, progressively, depending on the gross tonnage of the vessel in respect of which they have (b) the appropriations, in accordance with Articles 6 to 9 of the International Convention on the Limitation of Liability for Claims of Maritime Law.

Article 399. Special limits.

1. In respect of claims relating to the death or bodily injury of passengers on a ship arising in the same accident and irrespective of their gross tonnage, the limit of liability shall be the amount provided for in the international conventions and European Union rules multiplied by the number of passengers the vessel is authorised to carry, in accordance with its certificate. For this purpose, persons who, with the consent of the carrier, travel on board with a vehicle or live animals under a contract for the carriage of goods shall be understood to be included in the concept of passenger.

2. The applicable liability limits for vessels and vessels with a tonnage of less than 300 tonnes are:

a) One million special drawing rights for claims related to death or bodily injury.

b) Hundred thousand special drawing rights for other limited claims.

Article 400. Concurrency of creditors.

1. The sums obtained in accordance with the provisions of the preceding Articles shall include the corresponding fund, which shall be distributed among the creditors who bring cause of the same accident in proportion to the amount of their claims recognized.

2. However, if the amount devoted to claims for death or injury is not sufficient to satisfy them in their entirety, their creditors shall compete for the remainder with the other limitable creditors to charge, on equal terms, of the fund dedicated to the satisfaction of the material credits.

3. In any case, the Maritime and Port Administration will have precedence in the collection on all creditors whose claims are not for death or bodily injury, in the case of claims for damages produced to port works, navigable, aids navigation and, in general, maritime or port demanium.

Article 401. Subrogation.

The person responsible, his or her insurer or any third party who has paid an imputable claim to a limitation fund prior to its distribution shall be subrogated to the rights that would have been compensation against that fund.

Article 402. Conversion to the national currency.

1. The amounts referred to in the preceding articles shall be converted into euro by taking the change in force on the date on which the corresponding fund for the limitation has been constituted.

2. The change referred to in the preceding paragraph shall be calculated by the method of assessment effectively applied by the International Monetary Fund to its transactions and transactions on the date in question.

CHAPTER IV

From the limitation fund

Article 403. Condition of the right to limit.

1. For the valid argument of the right to limit before the Spanish courts, the holder must constitute the corresponding limitation fund, consisting of the sums established in this chapter together with the legal interests accrued since the date of the accident that caused the liability.

2. The fund may be constituted by depositing the corresponding sum or by providing sufficient assurance in the judgment of the court.

Article 404. The target of the fund and the cessation of other measures.

1. The fund set up regularly may be used only to satisfy claims for which the limitation of liability may be invoked, including in the case of a contest by the holder of the right to limit.

2. Once the limitation fund has been established, the holders of limited claims shall be without action to pursue any other assets of the debtor, as well as to other debtors of the same credit.

3. Vessels or any other property belonging to the holder of the right to limit, who have been seized or kidnapped in order to respond to a claim which is to be promoted against the constituted fund, shall be released by means of an uprising. which must be ordered by the court of law which he knew of the constitution.

Article 405. Procedure and expiration of the right to limit.

1. For the establishment of the limitation fund, as well as for its distribution among the various creditors, the procedure laid down in Chapter IV of Title IX of this Law shall be followed.

2. The right to the establishment of the limitation fund shall expire within two years from the day on which the first judicial complaint arising from the accident occurred, giving rise to the invocation of the right to limit.

TITLE VIII

From the maritime insurance contract

CHAPTER I

General provisions

Article 406. Scope of application.

1. This law is subject to the insurance contracts which aim to compensate for the damage caused by the risks inherent in maritime navigation.

As not provided for in this law, the Insurance Contract Law will apply.

2. Compulsory insurance for sport or recreational craft shall be governed by the provisions of the Insurance Contract Act, without being otherwise agreed.

Article 407. Device character.

1. Unless otherwise expressly provided, the parties to the contract may freely agree to the conditions of coverage which they deem appropriate.

2. The valid conclusion of the maritime insurance contract shall not require any specific attachment, without prejudice to the provisions of Article 421.

CHAPTER II

From common provisions to different types of maritime insurance

Section 1. Insured interests

Item 408. Existence of the insured interest.

1. Legitimate, present or future economic interests may be subject to the risks of maritime navigation. The absence of interest shall determine the nullity of the contract, without prejudice to the provisions of Article 422.

2. Contractual covenants in which a presumption of the existence of interest is established shall in any case prove to the contrary.

Article 409. Enumeration of interest.

May, in particular, be subject to maritime insurance interests in:

(a) Ships, vessels and naval vessels, even under construction or scrapping.

b) The freight.

c) The shipment.

d) Civil liability arising from the exercise of navigation.

e) Other legitimate heritage interests exposed to the risks of shipping.

Article 410. Interest in the vessel.

The ship's insurance comprises interest on its component parts, belongings and accessories.

Article 411. Interest in freight.

1. Freight insurance comprises the price for the carriage of goods or passengers, both in the course of completion and as expected. It also includes the profit that is derived for the carrier of the transport of its own goods.

2. The insurable value of the freight is given by its gross amount.

Article 412. Holder of interest.

The insurance contract is understood to be arranged on behalf of the holder of the interest at the time of the claim.

Section 2. Of the insured value, multiple insurance, and coinsurance

Article 413. Value of interest and sum insured.

1. If, at the time of the production of the claim, the sum insured is less than the value of the interest, the insurer shall indemnify the damage caused in the same proportion as the insured interest.

2. If the insured sum exceeds the value of the insured interest, any of the parties may require the reduction of the sum and the premium, and the insurer must repay the excess of the premiums received. If the claim is produced, the insurer will indemnify the damage effectively caused.

3. Where the undertaking or the insured person is in bad faith, the contract shall be null and void. The insurer in good faith may, however, retain the premiums due and those of the current period.

Article 414. Estimated policy.

In ship, ship and ship insurance, the value declared in the policy or after the conclusion of the contract shall be presumed to be a binding estimate for the parties to the contract, except for part of the insured party or where by mistake it is significantly higher than the value of the interest.

Article 415. Multiple insurance.

1. In the case of multiple insurance contracts on the same risk and interest and during the same period of time, they have been agreed by the same taker or not, the insured person may not in any case receive as compensation a higher amount the actual amount of the damage. In compliance with this limitation, each insurer shall be obliged to indemnify the damage up to the amount of the sum insured in its respective policy.

In such cases the policyholder or policyholder shall inform each insurer of the other insurance which it provides. If this communication is omitted and in the event of an accident, the insurers will not be obliged to pay the compensation.

2. The insurer who has indemnified shall take action against the other insurers in order to compel them to contribute to the coverage of the claim in proportion to the capital insured for each contract.

3. If the total amount of the insured sums exceeds the value of the interest, any part of the contract may require the reduction of the sum insured and the premium, the insurer being reimbursed for the excess of the premiums. perceived.

Article 416. Coinsurance.

1. Where, by means of one or more insurance contracts, relating to the same interest, risk and time, a distribution of certain quotas is produced between several insurers, subject to agreement between them and the taker, each insurer is obliged to pay the compensation only in proportion to the respective share.

The insurer that has paid a higher amount than the one that corresponds to it will be able to repeat against the rest of the insurers.

The right of repetition of the co-insurers against the starter in the alleged abuse of powers remains in any case.

2. The insurer's opening insurer shall be entitled to the ordinary management of the contract and to take any decision in respect of the insured person in order of the claim and its liquidation, as well as passively, judicially and extrajudicially. to make complaints against third parties responsible for the damage or to deal with those of third parties who are harmed in the insurance of civil liability, without such action involving any solidarity between the co-insurers.

3. It shall be deemed to be a starter, if the policy does not expressly designate it, to the co-insurer with the largest share of the insurance.

Section 3. Of Navigation Risks

Article 417. Risks covered.

The insurer shall indemnify the insured person, in the terms set out in the contract, for any damage to the insured interest as a result of the risks of navigation.

Article 418. Exclusion of some risks.

The following risks are excluded from insurance coverage:

a) The war, whether declared or not, civil or international, the blockade and the seizures resulting from it.

b) Capture, embargo, or detention by order of any national or foreign authority.

c) Piracy, mutiny, terrorism and situations of public order disruption.

d) Strikes and lockouts.

e) Atomic or nuclear explosions, radiation and radioactive contamination.

Article 419. Dolo and fault of the insured and their dependents.

1. The insurer does not respond to the damage caused to the insured interest by the insured person, without any agreement to the contrary. Nor shall it be liable for serious fault of the insured person, but if the parties agree otherwise, at least ten per cent of the damage borne by the insured person shall be left. This minimum of ten percent is unavailable to the parties.

2. The liability of the insurer for damages caused by him or her by the dependants of the insured who perform in the land functions of management or management of which the state of conservation or maintenance of the object depends. insured, shall be governed by the criteria laid down in paragraph 1 for the alleged serious fault of the insured person.

3. The insurer shall be liable for any claims caused by him or by the other dependents of the insured person.

Article 420. Vice versa.

The damage caused by the own vice or the intrinsic nature of the insured object and those caused by wear and natural use shall be excluded from the coverage.

Section 4. Of the conclusion of the contract and the duties of the contractor

Article 421. Proof of insurance.

The insurer is required to provide the policyholder with the policy or the interim cover document or certificate. Before these documents are delivered, the contract can be tested by any means that demonstrate acceptance of the insurance coverage.

Article 422. Existence of risk.

1. The insurance contract concluded after the accident or cessation of the risk is void provided that any of the parties knew this. This circumstance is presumed to be known in the event that the news of the same was known to the public in the place where the contract was concluded or in which the insurer or the taker resides.

2. However, if the contract was concluded on good or bad news, it will only be void when it is shown that the taker knew the casualty or the insurer the cessation of the risk.

Article 423. Statement of risk.

1. The policyholder must declare to the insurer before the conclusion of the contract all the circumstances which he or she may reasonably be aware of which may have an appreciable effect on the assessment of the risk by a prudent insurer. If the contract is held on behalf of another person, the duty of declaration shall be extended to the circumstances known or due to be known to the other person.

2. During the course of the contract, the policyholder or the insured person must inform the insurer as soon as possible of all the circumstances that aggravate the risk and are of such a nature that they would have been known to him in the time of the perfection of the contract, it would not have celebrated it or it would have concluded it in more burdensome conditions.

Article 424. Effects of inaccuracy or reticence.

1. The incomplete or inaccurate statement of the circumstances referred to in the previous article entitles the insurer to terminate the contract within one month, from the knowledge of the reservation or inaccuracy. The insurance company shall be responsible for the premiums relating to the current period at the time of the decision, unless the insurer concurs or is guilty of serious fault.

2. If the claim survives before the insurer becomes aware of the reticence or inaccuracy, or before the period referred to in the preceding paragraph elapses, the insurer's benefit shall be reduced in proportion to the difference between the agreed premium and the premium applied to the risk institution. However, the insurance undertaking shall be released if it is half the same or a serious fault of the policyholder or the insured person.

Article 425. Payment of the premium.

1. The policyholder is obliged to pay the premium under the conditions stipulated in the policy or certificate. If periodic premiums have been agreed, the first of these premiums shall be payable after the contract has been signed. The place of payment shall be that of the address of the taker, provided that a different policy is not determined.

2. The non-payment of the premium or any of the premium fractions or periodic premiums allows the insurer to terminate the contract or suspend its effects until it is paid. The resolution or suspension shall take place one month after the taker has been required to pay the premium. However, in the case of non-payment of the single premium, the first fraction of the premium or the first of the periodic premiums, the insurer does not respond to claims that have occurred before the payment, even if there is no formal requirement for payment of the premium. payment.

3. Where the insurer has issued a cover certificate in the insurance of goods, it shall not be able to oppose the non-payment of the premium to the buyer of the goods in good faith to whom the certificate has been delivered, without it being

Article 426. Communication of the disaster.

The insured or the policyholder shall inform the insurer or the commissioner of breakdowns designated in the policy of the occurrence of the accident within seven days, counted from the moment they are aware of it. The omission or delay of this communication will result in the loss of the right to compensation only if it has been attended by the insured or the taker. In the event of negligence or wrongful delay in the omission or late communication of the claim, the insurer shall have the right to be compensated for the damages caused by it, without any agreement which it intends to impose on the Worst situation assured.

Article 427. Duty to avoid or lessen the damage.

1. The policyholder or the insured person and their dependants must use all reasonable measures at their disposal to save or recover the insured effects and, in general, to prevent or reduce the damage caused by the accident.

2. The insurer may intervene in the decision and adoption of such measures without its conduct prejudging, in any event, the acceptance of liability for the claim.

3. The insurer responds, in the terms set out in the contract, to the costs reasonably incurred by the policyholder, the insured person and his dependants in compliance with the duty laid down in the first paragraph of this provision, as well as damage caused to the secured object.

Article 428. Transmission of insured interest.

1. In the insurance of ships and naval vessels, other interests of the shipowner or vessel or their liability, the disposal of the vessel or the change of holder in its nautical management causes the termination of the insurance contract, unless the insurer has expressly accepted in writing its continuation.

2. In the case of goods insurance, the transfer of ownership of the goods must not be communicated to the insurer, subrogating the acquirer in the insurance contract.

Section 5. Of Compensation

Article 429. Obligation to indemnify.

1. In the event of a claim covered by the insurance contract, the insurer is obliged to indemnify the insured under the conditions laid down in the policy, except in the cases of exclusion of liability provided for in Article 419.

2. It will be up to the insured to test the existence and extent of the damage.

Article 430. Amount of compensation.

1. The insurer's compensation shall include the value of the material damage suffered by the insured object up to the sum of the insured sum and the following additional coverage:

a) The amount of the contribution to the gross breakdown in charge of the insured interest.

(b) The part corresponding to such interest in a compensation for rescue.

c) The reasonable expenses incurred by the policyholder, the insured and their dependents to lessen the damage.

2. In the case of compensation for the supplementary hedges listed in the preceding number, the insurer may also apply the proportional rule. The parties, by common agreement, may exclude in the policy or after the conclusion of the contract, the application of the proportional rule.

Article 431. Exclusion from replacement.

The insurer may not be required to replace or repair the secured objects.

Article 432. Excluded damages and damages.

Excluded from compensation:

(a) The damages arising from the claim, such as delays, delays, paralisations, market losses, differences of change, loss of profit and, in general, any indirect damage, except those expressly included in this law.

(b) Damage and damage caused by the insured object to persons, unless the liability is the subject of insurance.

Article 433. Failure and abandonment actions.

1. The settlement of the disaster will be caused by the failure action or by the abandonment action.

2. The choice of one or the other procedure corresponds to the insured. However, the right of the insured to be abandoned shall only exist in the cases referred to in Articles 449 and 461.

Article 434. Declaration of abandonment.

1. The declaration of abandonment shall be notified in writing to the insurer. The insured person shall state the existence of any other insurance or actual rights constituted on the things which are the object of the abandonment.

2. The omission of the circumstances set out in the previous paragraph entitles the insurer to suspend the payment of the compensation until it is notified to it by the insured person.

Article 435. Express or presumed acceptance of abandonment.

1. The abandonment may not be partial or conditional and shall comprise all the things which are the subject of the insured interest.

2. Acceptance of abandonment may be expressed or presumed. The withdrawal shall be deemed to have occurred if the insurer does not reject it within one month of receipt of the declaration.

Article 436. Effects of abandonment.

1. The abandonment accepted by the insurer or, in its absence, declared judicially valid, transmits to the insurer the property of the insured things. This transmission is rolled back to the time the insurer received the abandonment declaration. However, the right of the insurer to waive the transfer of ownership of insured things or their remains may be validly agreed in the policy.

2. The acceptance of the abandonment by the insurer or, where applicable, the judicial declaration of the validity of the abandonment, obligate the insurer to pay the total amount of the sum insured.

Article 437. Settlement of the claim and payment of compensation.

1. The insurer shall carry out the settlement of the claim within the time limit set out in the policy, which shall not exceed one month from:

(a) The express or presumed acceptance of the abandonment or the judicial declaration of its validity.

b) Acceptance of the claim by the insurer in the case of liquidation by the breakdown. The insurer, within a period of one month after the insured has provided proof of the damage and its causes, must accept the claim or state that it rejects it, unless the expert procedure requires a longer period of time for the (i) the assessment of the causes or the need for the settlement of the claim of further documentation by the insured person.

2. The insurer shall make the allowance effective within 15 days after the insured person has indicated his conformity with that settlement. The delay in the payment shall require the insurer to pay the legal interest calculated on the amount of the compensation from the moment the insurer expressed its rejection of the abandonment or breakdown.

3. In the case of a divergence between the insurer and the insured person on the amount of the allowance, the insured person shall be entitled to the delivery within 15 days of the insured person's failure to comply with the amount fixed by the insured person. the insurer, without the perception of that amount preventing the insured from the claim of the higher sum which, in his opinion, should reach the compensation.

4. Insurer and insured persons may agree, before or after the accident, that the liquidation of the claim is carried out by a breakdown liquidator appointed by mutual agreement. The settlement thus practiced shall be binding on both parties, unless one of them is legally challenged within thirty days of its notification.

5. The insurer shall, in accordance with the insurance contract, pay compensation to the insurer in respect of the rights and actions to which the insured person is insured up to the limit of the compensation, against whom he is responsible for the claim or the aggravation. of its consequences or both.

The insurer may not exercise the rights in which it has been subrogated to the detriment of the insured person. The insured person shall be liable for any damage caused by his acts or omissions to the insurer in his right to subrogation.

The insurer shall not be entitled to subrogation against any of the persons whose acts or omissions give rise to the liability of the insured, in accordance with the law, or against the cause of the claim, insured, relative in direct or collateral line within the third civil degree of consanguinity, adoptive parent or adopted child who coexists with the insured. This rule will have no effect if the liability comes from dolo or if the liability is covered by an insurance contract. In the latter case, the subrogation shall be limited in scope in accordance with the terms of that contract.

In the event of an insurer's concurrence and insured against the third party responsible, the recovered person will be divided between the two in proportion to their respective interest.

The exoneration of the liability of the third party causing the damage agreed by the insured person or the taker with that third party shall not be liable to the insurer, unless such exoneration has been expressly accepted by the insurer, including in the insurance policy.

Section 6. Of The Prescription

Article 438. Prescription.

The rights deriving from the insurance contract will be prescribed within two years from the time they were able to exercise.

CHAPTER III

Of the special provisions of some insurance classes

Section 1 of Ship Insurance

Article 439. Insurance for time or travel.

Ship insurance can be contracted either for a trip, either for several successive trips, or for a given time.

Article 440. Start and end of coverage in travel insurance.

1. If the insurance is contracted for one or more trips, the liability of the insurer begins at the time of receiving the cargo on board and ends upon completion of the discharge, and in any case within 15 days of arrival at the port of destination.

2. If the trip is carried out in ballast, the liability of the insurer begins by levying anchors or unmoored at the port of departure and ends when the vessel is at the port of destination or is bound.

Article 441. Beginning and end of insurance coverage for time.

1. If the insurance is contracted on time, the liability of the insurer begins at zero hours the day following the conclusion of the contract and ends at twenty-four hours of the last day.

2. For the purposes set out in the preceding paragraph, account shall be taken of the timetable in force at the place where the contract was concluded.

Article 442. Extension of insurance coverage for time.

1. If, at the end of the agreed period, the vessel is at sea, in danger, or in the port of natural refuge or port of call, the insurance shall be extended until the time it reaches the port of destination, paying the insurance taker the proportion of the premium corresponding to the extension time.

2. The policy may provide that in order for the extension provided for in the preceding paragraph to operate, notification of the insured person to the insurer of the circumstances in the plan shall be necessary.

Article 443. Responsibility for approaches.

1. Ship insurance covers the civil liability of the shipowner for damages caused to another ship, vessel or naval device, and to its cargo in case of boarding. This coverage is complementary to that of the ship's own damage.

2. The policy may extend the insurer's coverage to the shipowner's civil liability for damages caused by collision with fixed platforms or other works or installations.

Article 444. Ship's navigability.

The insured must maintain the navigability of the ship, vessel or naval device insured for the entire duration of the coverage.

Article 445. Hidden vices.

The insurer does not respond to the damage suffered by the insured vessel as a result of a hidden defect. It is understood as a hidden vice that cannot be discovered using the means reasonably required of a shipowner.

Article 446. Subrogation against the members of the endowment.

The insurer may not exercise the rights in which the insured vessel's endowment members are subrogated, in the event of a disaster, unless they have caused the disaster to be caused by the insured vessel.

Article 447. Automatic reconstitution of insured capital.

The liability of the insurer reaches the entire sum insured in each casualty that occurs during the term of the contract, without prejudice to the insurer's right to require after each claim the premium supplement that has been agreed.

Article 448. New to old.

In the ship damage compensation will not be practiced by the insurer deductions back to old.

Article 449. Cases of abandonment.

The insured may exercise the right to abandonment in the following cases:

a) Total loss of the vessel.

b) Definitive disablement to navigate or be unable to repair the ship.

c) When the amount of the repairs reaches the value of the insured sum of the policy. For the purpose of this calculation, the amount of the repairs shall be added to the contributions by the vessel in the gross breakdown or in the rescue.

d) The loss of the ship due to lack of news within ninety days. The loss shall be understood as verified on the last day of the said period, which shall be counted from the day on which the latest news was received.

Article 450. Deadline for abandonment.

1. The declaration of abandonment shall be submitted to the insurer within 90 days from the date of the accident. In the case of point (d) of the previous Article, the period shall be counted after the other ninety days in which the period has elapsed.

2. After the periods indicated in the preceding number, the insured person may claim compensation only by means of the breakdown.

Article 451. Premiums and extortions.

1. In travel insurance, the insurer acquires the right to the premium from the start of the trip. In insurance for time, the insurer acquires the right to the premium since the time limit begins to run.

2. In any event, any ex-premium is deemed to be subordinated to the fact that the vessel has not been abandoned to the insurer, as provided for in Article 449, or there has been no total loss covered by the contract.

Article 452. Subsidiarity.

The rules in this section will apply to freight insurance and other shipowner or shipping interests as soon as they are compatible with their own nature and are agreed by the clauses agreed by the parties.

Section 2. Of Goods Insurance

Article 453. Non-maritime phases of transport.

The rules for the insurance of goods shall apply both to maritime transport and to those stages of transport carried out in other ways, provided that they are ancillary to the maritime voyage.

Article 454. Assessment of interest.

1. Subject to the agreement of the parties, the insurable value of the goods shall be fixed taking into account their value at the origin of the costs of their transport and customs.

2. The value referred to in the preceding paragraph may be increased by the amount of the expected benefit. In order to ensure a profit margin of more than 10% of the value at the origin of the goods, it is necessary to declare it expressly in the policy or certificate.

Article 455. Initial and final moment of coverage.

The coverage of the goods is initiated at the time of leaving land for shipment, and ends when they are on land at the port of destination.

Article 456. Store-to-store clause.

When the insurance contract contains the "warehouse to warehouse" or similar clause, the coverage extends from the time the goods leave the source store at the place fixed in the policy until they reach the destination at the given place in the policy.

Article 457. Goods on travel.

If insurance is contracted on travel goods, coverage begins at zero hours on the day of the conclusion of the contract.

Article 458. Floating policy.

1. The insurance contracted by floating policy is presumed the obligation of the insured to apply to the same all the shipments defined in the policy that I made during its term of validity, as well as the automatic coverage of such expeditions by the insurer.

2. The policy must express the maximum capital that the insurer agrees to guarantee for each issue.

Article 459. Warning duty on the floating policy.

1. The floating policy shall express the period of time available to the insured person to inform the insurer of an ongoing issue, on the understanding that the time limit shall not be less than forty-eight hours from the moment the insured person was informed of the the expedition.

2. Failure to comply with this duty of notice frees the insurer from its obligation to cover the particular issue concerned, without prejudice to its right to claim the premium or premiums corresponding to it. In addition, the insurer may terminate the contract even if such a decision has no effect on the shipments notified prior to the declaration of the decision.

Article 460. Extent of coverage during the trip.

1. The insured goods shall be covered by the contract throughout the journey, including transhipments, cargo and unloading operations at ports of transit or arrival and stay at dock or warehouse in the same, without prejudice to the duty of the insured to communicate such circumstances to the insurer from the moment he knew them and from the payment of the overpremium that in each case could correspond.

2. Changes in travel or other routes beyond the insured's will also remain covered, with the obligation to communicate and the payment of overpremium payments provided for in the previous paragraph.

Article 461. Cases of abandonment.

The insured person will be able to leave the insured goods in the following cases:

a) Total loss of goods.

(b) Averies whose amount, plus the cost of reconditioning and redispatching to destination, reaches the value of the goods established in the policy. For the purposes of this calculation, the amount of the repairs shall be added to the amount of the goods in the gross breakdown or in the rescue.

c) Loss of the carrier vessel in accordance with Article 449.d).

d) Loss or unnavigability over the ship during the voyage, if the goods have not been able to be redispatched to destination within 90 days or in which the policy is fixed, counted from the loss or innavigability.

Article 462. Deadline for abandonment.

The declaration of abandonment shall be made by the insured within 60 days of the production of the circumstances that the previous article establishes for each case. After that period, the insured person may claim compensation only by means of the breakdown.

Section 3. Of Civil Liability Insurance

Article 463. Scope of the rules.

The rules governing liability insurance shall apply not only to those of this class but also to the coverage of the risk of the birth of certain obligations to compensate third parties included in the maritime insurance of another class.

Article 464. Mandatory insurance.

The mandatory liability insurance required by this law shall be governed, first, by its particular rules and, failing that, as provided for in this section.

Article 465. Obligation of the insurer and direct action.

The insurer's obligation to indemnify in this class of insurance exists since the liability of its insured person to the injured third party arises. The latter shall have direct action against the insurer in order to require it to comply with its obligation. Any contractual agreements that alter the provisions of this article will be invalid.

Article 466. Limit of coverage.

The insurer responds as a maximum to the limit of the sum insured for each of the facts that originate its responsibility during the term of the contract.

Article 467. Compensation liability limitations.

The insurer may oppose the same exceptions as its insured, and in particular the quantitative limitations of the liability of the insurer in accordance with the applicable law or the contract from which the liability derives.

TITLE IX

Procedural specialties

CHAPTER I

Of the jurisdiction and jurisdiction specialties

Article 468. Jurisdiction and arbitration clauses.

Without prejudice to the provisions of the international conventions in force in Spain and the European Union's rules, they will be null and void and the submission of submission clauses to a foreign jurisdiction or arbitration in the foreign, contained in the contracts for the use of the vessel or in the ancillary contracts of navigation, where they have not been individually and separately negotiated.

In particular, the insertion of a clause of jurisdiction or arbitration in the printed condition of any of the contracts referred to in the preceding paragraph shall not, in itself, show compliance with the requirements required in the same.

Article 469. Criteria for attribution of competence.

1. Unless the parties have validly introduced an exclusive jurisdiction clause or arbitration clause, as set out in this Chapter, the criteria provided for in this Article shall apply.

2. In contracts for the use of the vessel, the courts of the applicant shall be competent, at the request of the applicant:

a) Domicile of the defendant.

b) Place of conclusion of the contract.

c) Load or unload port.

3. In the ancillary contracts of navigation, the courts of the applicant shall be competent, at the request of the claimant:

a) Domicile of the defendant.

b) Place of conclusion of the contract.

c) Place of service delivery.

4. In order to be aware of the challenge of the liquidation of gross breakdown, both the one carried out privately and the one made by a notary under the relevant public certification file, the court of the place of completion shall be competent. of the transport or the place of arrival of the vessel, if the latter is different.

CHAPTER II

Ship Preventative Embargo

Article 470. Nature and regulation of the measure.

1. The precautionary precautionary measure of the preventive seizure of ships, both domestic and foreign, will be regulated by the International Convention on the Preventative Embargo of Ships, made in Geneva on March 12, 1999, by the provisions of this Law and, In addition, as established in Law 1/2000, of 7 January, of Civil Procedure. Such a measure will necessarily entail the immobilisation of the vessel in the port where it is located.

2. In no case may the freezing order be sought to ensure the execution of an already-relapsed judgment or an arbitral award already given.

3. The provisions laid down in this Chapter apply to vessels.

Article 471. Competence.

1. It shall be competent to decree the freezing of a vessel, the court having objective jurisdiction to hear the principal claim or the port or place where the vessel is located or the one to which the vessel is expected to arrive, Choice of actor requesting the adoption of the precautionary measure. However, if the vessel does not arrive at the port expected, the court of that port shall lose its jurisdiction.

2. Where the preventive seizure of a vessel is ordered, it is another Spanish court which has jurisdiction to hear the substance of the case, the measure shall be maintained provided that the application is lodged within the time limit laid down by the judge on the basis of the circumstances of the case.

Article 472. Embargo for maritime credits.

1. In order to decree the freezing of a vessel by sea credit defined in Article 1 of the International Convention on the Preventive Seizure Of Vessels, the claim or claims, the cause which causes them and the ship's embargability.

2. In any event, the judge shall require a sufficient amount of security to respond to the damage, damages and costs which may arise. This security may be granted by any of the classes that recognize the law, including the bank guarantee.

Once that security has been fixed, at least 15 percent of the amount of the maritime credit alleged, the court may review its amount, either on its own initiative or at the request of a party, in consideration of the size and size of the vessel, the cost arising from the ship's stay at the port, at its market price per day, whether or not it is subject to a regular line, whether or not it is loaded, and its contractual commitments.

Article 473. Embargo for other credits.

1. The seizure of Spanish vessels which are materially within the Spanish jurisdiction applied at the request of persons who have their habitual residence or their principal establishment in Spain, or who have acquired the credit that it is granted by transfer or subrogation of them, it may be agreed both by maritime credits and by any other rights or claims against the debtor to which the vessel or vessels whose work is requested belongs.

Spanish vessels may also be seized by the competent administrative authority as provided for in the specific rules applicable to them.

2. On the embargoes referred to in the preceding paragraph, the detention may be replaced, in the opinion of the competent court or administrative authority, by the entry in the Register of Furniture of the measure and, where appropriate, of the prohibition To be used.

3. The embargo on vessels flying the flag of a State which is not party to the International Convention on the Preventative Embargo of Ships, made in Geneva on 12 March 1999, shall be governed by the provisions of that Convention, with the exception of that they may be taken on board by both maritime credits and any other credits.

Article 474. Freezing and submitting to foreign jurisdiction.

The preventive seizure of a ship will also proceed for the purpose of obtaining a guarantee even if, by virtue of the existence in the contract or another document of an arbitration clause or a clause of jurisdiction, the credit maritime for which the embargo is requested to be submitted to the knowledge of a foreign jurisdiction or an arbitral tribunal.

Article 475. Embargable vessels.

Any ship with respect to which a maritime credit is secured may be foreclosed on the terms and within the scope of the International Convention on the Preventive Seizure of Ships.

Article 476. Procedural processing of the embargo measure.

It will be presumed that in the embargo of ships the danger due to procedural arrears and the urgency of the matter of the articles 728, 730.2 and 733.2 of the Law of Civil Procedure are met.

Article 477. Execution of the embargo.

1. However, the court will transfer the resolution by the quickest means to the maritime captain of the port in which the ship is located or to which it is expected to arrive, who will take the necessary measures for the arrest and prohibition of departure from the vessel. To this end, the Maritime Administration will be able to remove and retain the documentation of the ship, as well as to obtain the collaboration of the Harbour Authority, the Forces and the Security Corps and the public entities dedicated to the surveillance of costs, who shall be required to provide the required cooperation in accordance with their respective powers.

2. The provisions of this Chapter do not affect the rights or powers which, in accordance with the administrative legislation and applicable international conventions, correspond to public and port administrations in order to retain a ship or to prevent otherwise it will be done to the sea within its jurisdiction.

Article 478. Notification of the embargo.

Once the embargo is agreed and verified, and the lock is guaranteed, the captain or the consignee of the vessel shall be notified, with the delivery of a copy of the request made and the order that agrees.

Article 479. Jurisdiction on the merits of the dispute.

In those cases where, in accordance with the provisions of Article 7 of the International Convention on the Preventative Embargo of Ships, the Spanish courts are not competent to hear about the substance of the matter concerning a vessel seized in Spain, the court which practiced the embargo shall be either on its own initiative or at the request of a party, fix a period of not less than thirty days and not more than ninety days for the holder of the maritime credit to prove the initiation of proceedings before the competent court or tribunal. If the procedure is not initiated within the time limit set, the judge shall agree, at the request of a party, the release of the vessel on board or the cancellation of the guarantee provided.

CHAPTER III

From the forced sale of ships

Article 480. Regulation.

The forced sale of the ship will be in accordance with the provisions of the Civil Procedure Law or the administrative regulations that will be applicable to the auction of the movable property subject to registration in all the provided for in the International Convention on Maritime Privileges and the Naval Mortgage, made in Geneva on 6 May 1993, and in this law.

Article 481. Notification of forced sale.

Prior to the forced sale of the vessel, the competent judicial or administrative authority shall notify such sale:

(a) To the registrant of the Register of Furniture, as well as to the competent authority responsible for the registration of the ship in the State which would have authorised it to fly its flag temporarily, if applicable.

(b) To the person who has the property of the ship registered in his favour.

(c) To all holders of registered mortgages or encumbrances that have not been made up to the bearer.

(d) to all holders of the registered mortgages or encumbrances consisting of the bearer and the maritime privileges listed in Article 4 of the International Convention on Maritime Privileges and the Naval Mortgage, provided that the competent judge or administrative body has received notification of their respective claims.

Article 482. Deadline and content of the notification.

1. The notification referred to in the preceding Article shall be made at least 30 days in advance of the date of the forced sale and shall express:

(a) The date and place of the forced sale, as well as the circumstances relating to the forced sale or the process leading to the sale, which the judicial or administrative authority that understands the process considers sufficient for protect the interests of the persons to be notified.

(b) If the date and place of the forced sale cannot be determined with certainty, the approximate date and the intended place for the forced sale, as well as the circumstances indicated in the preceding paragraph, shall be reported. However, where such data becomes known, the effective date and place of the forced sale shall be notified at least seven days in advance of the date of the sale.

2. The notification shall be made in writing to the persons concerned indicated in the preceding article, if known, by means of the means laid down in the Civil Procedure Act or in the administrative rules, in the case of a judicial or administrative sale, respectively, by registered post, by electronic means or by any other suitable means to obtain evidence of its receipt, even if the person to notify has its registered office outside Spain.

Likewise, and in cases where the applicable treaties require, the notification will be carried out by notices published in two national newspapers, and the edicts can also be inserted in other publications if the the judicial or administrative authority that proceeds to the forced sale considers it appropriate.

Article 483. Best-right tercerias.

1. The holders of privileged maritime credits may be able to appear and make the corresponding third-party third-party claims in the form and with the effects provided for in Articles 614 to 620 of the Civil Procedure Act.

2. The above shall also apply in any court proceedings for the execution of a naval mortgage.

3. The interposition of third-party third-party third-party third-party awards shall be governed by the provisions of their specific rules.

Article 484. Effects of the forced sale.

1. As a result of the forced sale of the vessel, all mortgages and encumbrances entered, except those in which the buyer has been subrogated with the consent of the creditors, as well as all privileges and other burdens of any gender which may fall on the vessel, shall be without effect and, where appropriate, its cancellation shall be ordered.

2. The provisions of Articles 666, 668.3, 670 and 672 of the Law on Civil Procedure on the provision of charges and charges and charges shall not apply.

Article 485. Realization by person or specialized entity.

The provisions of Article 641 of the Civil Procedure Act shall apply to the sale of ships.

Article 486. Destination of the sum obtained at the auction or direct sale of the vessel.

1. The proceeds of the sale shall first pay the costs of the proceedings and the costs incurred by the preventive seizure or by the execution and subsequent sale of the vessel. Such costs and expenses include, inter alia, the cost of maintaining the vessel and the maintenance of the envelope, as well as the salaries and other amounts, and the expenditure referred to in Article 4 (1) (a) of the International Convention on Privileges Maritime and Naval Mortgage, accrued from the time of the preventive embargo or from the beginning of the execution.

2. The surplus shall be allocated in accordance with the provisions of the International Convention on Maritime Privileges and the Naval Mortgage. Satisfied all the credits, the balance, if any, will be delivered to the owner and will be freely transferable.

CHAPTER IV

The procedure to limit liability for maritime credits

Article 487. Competence.

1. He/she shall be competent to know of the constitution of the liability limitation fund, the Judge of the Mercantile who is aware of any limited claim that has been filed against the holder of the right to limit.

2. In the event that the right to be invoked before the Spanish judicial bodies is sought to be invoked in the face of complaints lodged with foreign judicial bodies, the provisions of the European Union and the Treaties applicable.

Article 488. Invocation and term of constitution.

1. Any person who invokes in a civil procedure the right to limit the liability that is claimed to him or her must initiate the procedure for the establishment of the limitation fund within the maximum period of ten days from the invocation.

2. To this end, it shall submit the application for the establishment of the fund, in the form determined in this law, before the same court which is aware of the complaint, which shall process it in a separate part of the main proceedings.

Article 489. Invocation in other procedures.

1. Where the limitation is based on criminal proceedings, administrative or social proceedings or an administrative procedure, the application for the establishment of the fund shall be lodged with the Court of Justice of the same place, by testifying to the Court of the Criminal, the Administrative-Administrative or the Social or Administrative Body within the same period of time as indicated in the previous Article.

In such cases, the judgments or final decisions given in those proceedings shall not be enforceable but against the regularly constituted fund.

2. In this case, the competent court of the competent court shall deal with the application in accordance with the provisions of this law and, if not provided for, the proceedings of the oral proceedings.

Article 490. Content of the request.

The application for the constitution of the limitation fund will be submitted in writing signed by the lawyer and the prosecutor, in which the relevant facts regarding the limitation that is invoked will be made, accompanying the The following documents:

(a) Document certifying the entry in the account of the Court of the amount of the maximum sum of compensation calculated in accordance with the rules laid down in Chapter III of Title VII, according to the nature of the claims formulated, increased by their legal interests from the date of the accident to the date of the constitution. The income may be replaced by a sufficient guarantee in favour of the court awarded by a financial institution authorised to operate in Spain.

b) Authentic copy of the tonnage certificate.

c) List of crew members of the vessel at the time of the accident.

d) In the event that the limitation relates to claims for death or injury of passengers, certificate of the maximum number of passengers the ship is authorized to carry.

e) A true copy of the ship's navigability certificate.

f) Certificate of the monetary authority on the euro conversion of the special right of rotation at the time of the establishment of the fund.

g) Document on the calculation of the amount of the limitation.

h) List of creditors subject to limitation, with indication of their domicile, if known, the title of their claim and their estimated amount.

Article 491. Admission and healing.

1. The judge shall order the application if the above conditions are met, granting the applicant, if not, a period of five days to remedy the omissions.

2. The judge may reject the application if he considers that the amount of the fund is miscalculated according to the data set out, pointing out, in this case, the appropriate amount and also giving a period of five days for his/her remedy.

Article 492. Self-admission and self-denial.

1. In the order of admission to proceedings, the judge shall declare the limitation fund constituted without prejudice to the challenges which may subsequently arise.

2. The testimony of that order shall be sufficient to obtain, in any other judicial or administrative proceedings arising from the same accident, the lifting of any embargoes or other precautionary measures on the ship or other goods property of the person entitled to limit the right. The same loss of shares shall occur in respect of other debtors of the same credit on whose behalf the fund has been established.

3. Such procedures will continue to be processed until the judgment, but their execution against the persons benefiting from the limitation must necessarily be accumulated in the file on integration and distribution of the fund.

4. The order to refuse the establishment of the fund shall be subject to appeal by the applicant.

Article 493. Appointment of Commissioner-liquidator.

1. In the order stated in the previous article, the Court will agree to the appointment of a liquidator.

2. The persons concerned may challenge the liquidator by invoking the causes established for the experts in the Law on Civil Procedure.

3. The designated expert must accept the charge within three days by appearing before the Court. It shall be entitled, in respect of fees and expenses, to a remuneration equal to one per cent of the fund finally distributed among creditors and may ask for a provision of funds for immediate expenditure, which shall be borne by the applicant.

Article 494. Training of parts and provisional distribution.

1. The curator-liquidator will form three separate pieces. The first shall be dedicated to the regulation of the passive state of the fund, the second shall contain all relevant to the active state and the third shall be the supporting part.

2. The liquidator may propose to the judge, where appropriate, a provisional allocation of part of the fund. If the judge finds it, the liquidator may make advance payments, within the limits to be established where appropriate, which shall always be taken into account as appropriate to the final allocation.

Article 495. Advertisement of the formation of the states.

1. Sign the order declaring the fund constituted, the liquidator will notify all the creditors mentioned in the applicant's letter, as well as how many will appear later, the beginning of the procedure and their right to insinuate their credit and to be a part of the procedure.

2. The order will be published in the Official Gazette of the Commercial Register and, if the commissario-liquidator deems it appropriate, in other media.

3. Notifications and other incidents relating to creditors, their claims and securities, their respective amounts and their integration into the mass shall be ordered in the first part.

4. Creditors shall be given a period of 30 days to present their securities or evidence of credit. This deadline will be double for overseas residents. The liquidator may require the documentation that he deems to be accurate to each creditor for the proper consistency of his/her credit.

Article 496. Self-forming the passive state.

1. The constituent of the fund or the creditors may submit to the liquidator the allegations leading to the challenge of the origin or the amount of the claims. They may also claim that they are not included in the liability state.

2. The liquidator shall submit a report to the Court with a list of the claims admitted to the liability state and its provisional or final amount, as well as the objections or allegations received and the reasons for its decision. In the light of this Report, the court will resolve by order the composition of the passive state.

3. This order will be used by the interested parties, and the decision may be appealed to the Provincial Court.

Article 497. Self-forming the active state.

1. In the piece relating to the active state of the fund, the disputes shall be collected which, where appropriate, the creditors make about the origin of the right to limit the liability or the amount and form of the fund. Such challenges shall be transferred to the applicant for claims within 20 days.

2. Disputes shall be submitted within a maximum of three months following the notification of the file to each creditor, not being admissible at a later date.

3. On the expiry of that period, the Commission shall submit to the judge its report on the validity and amount of the limitation fund and on the objections raised and the reasons for its failure to act. opinion.

4. Finally, the judge will decide by order of the origin and amount of the fund, and the same resources as the previous article can be presented.

Article 498. The active status add-on.

If, in the order referred to in the previous article, an amount of the different background of the already deposited or constituted fund is established, the applicant must complete the latter within ten days, even if the latter is self-contained. used. If you do not do so, you will lose the right to limit your liability with the effects provided for in the following article.

Article 499. Termination by improvenance of the limitation.

If, by firm resolution, the limitation of liability is established, the judge will declare the procedure completed. However, it shall be retained, for sixty days, the security or amount deposited to secure the claims to be filed with the competent judge and also as a guarantee of the execution of which they have already been filed.

Article 500. Part and self-supporting part.

1. Firm the cars approved by the active and passive states of the fund, the curator-liquidator shall draw up a proposal for distribution in accordance with the provisions of Title VII of this Law. This proposal will be notified to the creditors, who will be able to challenge it within 20 days.

2. The court will decide, in the light of the final report of the liquidator, by order that it will be used in replenishment and appeal.

TITLE X

Public certification of certain maritime law files

CHAPTER I

General provisions

Article 501. Competence.

To be aware of the files regulated in this title, only a notary, at the discretion of the interested parties, will be competent in accordance with the provisions of this law.

Article 502. Business days and hours.

In the procedures relating to maritime law, every day and hours shall be business without exception.

Article 503. Expenses.

The costs incurred in the files covered by this Title shall be borne by the applicant.

The expenses incurred by experts will be borne by the person who proposes them.

CHAPTER II

From the protest of the sea by incidents of the trip

Article 504. Accreditation of incidents.

1. In cases where the applicable law requires that the captain arriving at the port of destination state certain incidents of the trip, he must do so before the Maritime Captaincy, in accordance with the provisions of the law, and if this is a country to the Spanish consul.

This file may also be used to accredit the incidents when the captain considers it appropriate.

2. Within 24 hours of arrival at the port of destination, the master shall provide a copy of the relevant part of the Navigation Journal and of the minutes in which he has recorded the incidents produced, as well as, in his case, a copy of the incident protest diligence instructed in a port of arrival prior to the destination. It shall also provide a copy of the protest act to all the persons concerned, who are known, in the events which have occurred and, where appropriate, shall provide an inexcusably certified copy of the case provided for in Article 187.

Article 505. Expert assessment.

1. The notary shall, on the initiative of the persons concerned, carry out the examination of the vessel and the goods it carries, as well as order the assessment of the damage caused.

In order to carry out the above proceedings, the notary shall receive a statement from the signatories of the minutes or minutes raised, interested and consignees, if they reside or have representation in the place.

2. The assessment of the damage shall be carried out by a expert appointed by common agreement by the master and the persons concerned or consignees and, in the absence of agreement, by the notary.

CHAPTER III

From the coarse breakdown

Article 506. Subject matter of the file and legitimization.

In the event that those interested in a maritime voyage do not reach an agreement for the private liquidation of the gross breakdown, any of them may be able to contact a notary requesting the file to be processed continuation.

Article 507. Application and placement to stakeholders.

1. A detailed list of the events, costs and damages produced and documents justifying the request, together with a nominal ratio of the costs, shall be expressed in the application of the gross breakdown file. interested.

2. If the application is accepted, the notary shall notify all those interested in the sea voyage, in the vessel or in the cargo, instructing them of their right to intervene in the handling of the file.

Article 508. Appointment and intervention of the liquidator.

1. The notary shall appoint a liquidator for the purpose of settlement practice.

2. The notary shall indicate to the liquidator a reasonable period for preparing the settlement, which shall be determined in the light of the difficulties of the case and which may not exceed four months, unless justified by the liquidator himself.

All stakeholders are required to provide the designated liquidator with the required collaboration in order for information and documentation.

3. The notary shall be made clear to the persons concerned by the liquidator, or his negative opinion to the source of the liquidation, which may show his agreement with him or challenge him during the 30 days. next.

Article 509. Challenges.

Received the conformations or the challenges, the notary will transfer them to the liquidator, who will be obliged within thirty days to issue an opinion based on its origin and, if necessary, the modifications of the original settlement that you propose.

Article 510. Approval of the settlement and appeal.

1. The notary, in the light of the letters of interest and the opinion of the liquidator, shall give a reasoned decision approving, amending or rejecting the liquidation.

2. This resolution shall be subject to suspensive effect before the Court of the competent Mercantile. In this case, the judicial secretary shall appoint a new liquidator to carry out the settlement in the form and time limits referred to in Article 508. In receipt of the objections of the persons concerned or after the period of 30 days after the liquidation has been revealed, the judicial secretary shall convene a hearing to be held on the proceedings of the oral proceedings.

Article 511. Execution.

The final judgment will be a sufficient title to issue enforcement against the parties concerned who, within 15 days, do not pay the contribution indicated in the decision, as well as those who have guaranteed their obligation, in the limits of the guarantee provided.

CHAPTER IV

Of the deposit and sale of goods and luggage in maritime transport

Article 512. Scope and legitimisation.

The provisions contained in this Chapter shall apply where the law applicable to the chartering contract entitles the holder to apply for the deposit and sale of the goods or luggage transported in cases where the recipient does not pay for the freight, passage or expenses connected with its transport or does not present itself to remove the intended effects, as well as when the transport cannot be concluded because of a fortuitous circumstance during the journey, which make it impossible, illegal or forbidden to follow.

Article 513. Request.

1. The following extremes shall be clearly expressed in the deposit and sales application:

a) Transport in question, with copy of the bill of lading or title of the passage.

b) Identity of the recipient if known.

c) Flete, passage or claimed expenses.

d) Description of the class or quantity of goods whose deposit is requested, with their approximate valuation.

e) The basis of the application, either for default or for non-withdrawal of goods.

2. Whoever urges the deposit shall propose to the persons or entities referred to in Article 626 of the Civil Procedure Act.

3. If the impediment to the completion of the carriage is due to a fortuitous circumstance during the journey, which would make it impossible, illegal or forbidden its continuation, the corresponding fact must be credited in a reliable manner.

Article 514. Procedure.

1. If the application is accepted, the notary shall immediately require payment to the consignee of the goods or baggage in the title presented. If this is not a nomination, the requirement shall not be made, unless the applicant so requests by designating a particular person.

2. If the recipient is not found, or the required person does not pay or give sufficient guarantee of payment at the act of the requirement or within the next forty-eight hours, the notary shall agree to the deposit of the goods or luggage.

3. If the deposit is made and the depositary is appointed, the notary shall agree to the valuation and sale by person or specialised entity or in public auction of the effects identified.

The sale of the deposited effects shall also occur when they are at risk of deterioration, or where for their conditions or other circumstances, the costs of conservation or custody are disproportionate.

4. With the amount obtained from the sale, the payment of the expenses of the deposit and those of the auction will first be paid, and the remainder will be delivered to the applicant in payment of the freight or expenses claimed and up to that limit.

Article 515. Opposition to payment.

1. If the holder of the goods or luggage has expressed his opposition to the payment in the act of the order or in the next forty-eight hours, the remainder shall be deposited as a result of the corresponding judgment. In this case, the holder shall lodge a complaint or otherwise initiate the judicial or arbitral proceedings before the competent court within 20 days if it is filed with a Spanish court and 30 days if it is filed with a court of foreign court, in both cases from the opposition rally.

If the claim is not filed within the time limit set, the notary shall give the remainder to the applicant in accordance with the provisions of paragraph 4 of the previous article.

2. Where the deposit has been avoided, or raised, by the provision of sufficient security by the consignee, the consignee shall present his application within the time limit laid down in the preceding paragraph, which shall be counted from his or her constitution. By not doing so, the notary will agree to the payment of the claimed charge from the established guarantee.

CHAPTER V

From file on missing, subtraction, or destruction of bill of lading

Article 516. Competent notary.

In order to know about the file regulated in this chapter, the notary with headquarters in the place of destination fixed in the knowledge for the delivery of the goods will be competent.

Article 517. Requirement of the dispossessed fork.

1. In cases of loss, theft or destruction of a bill of lading, the holder will have to go before the competent notary, requiring him to urge the carrier not to turn over the goods to the third person for the title to be written off and to be recognized as the ownership of the missing bill of lading.

2. The holder shall be entitled to carry out all acts intended to preserve his right. It may also receive goods from the carrier once they have arrived at the place of destination, provided that it is provided to the notary for an amount equal to the value of the goods received.

Article 518. Content of the requirement.

In the requirement that the dispossessed holder does to the notary must indicate the particulars of the knowledge referred to in Article 248, as well as the circumstances in which he came to be a holder and those who accompanied the dispossession. It must also accompany the evidence available to them and propose those elements that can be used to substantiate their right.

Article 519. Transfer of the order and claims.

Admitted to the requirement, the notary through the act will notify the porter, urging him that, if there is any third one to claim the goods, proceed to his retention and put the circumstances of the presentation in knowledge of the notary. The same notification shall be made to the charger and, where appropriate, endoscopies, when they are persons other than the holder and with known address. All claims which they deem appropriate may be made before the notary within 10 days.

Article 520. Publication of the requirement and dismissal.

1. The notary, made the inquiries requested and those that it considers appropriate on the veracity of the facts and on the right of the holder dispossessed within the period specified in the previous article, will proceed immediately to publish the a request received in the relevant section of the Official State Gazette, setting a period of one month from the date of publication so that the holder of the title can appear and formulate opposition.

2. If, in the case of inquiries or allegations from the parties concerned, the requirement is manifestly unfounded, the notary may close the file without making the publication, leaving no effect to the holder and Where appropriate, the applicant shall, where appropriate, return the security to the applicant where the goods have been returned.

3. If the third party claims the goods and documents his right, the porter shall inform the notary of that fact. The notary will incorporate that complaint and its documentary justification into the file, and the file will be suspended for two months, without being able to authorize the writing of the bill of lading of the bill of lading taken or lost. After two months without the third party stating that the court case has been admitted in the exercise of its claim, the notary shall continue the processing of the file.

In the event that the third party accredits the admission of his or her judicial claim, the notary shall declare the file concluded without authorizing the redemption.

Article 521. Amortization of knowledge.

Elapsed one month after the publication of the order without anyone contradicting it, the notary by means of notoriety will record the amortisation of the title and the applicant will be recognized the title of the title.

Declared the amortisation of knowledge, shall not have this any efficacy and the holder dispossessed whose right has been recognized may, if necessary, withdraw the caution provided or require the holder to immediately deliver the goods, after payment of the costs of deposit incurred.

Article 522. Irvindicability of knowledge and actions of damages.

The provisions of this Chapter shall be without prejudice to the provisions of Article 254.

CHAPTER VI

From the disposal of altered or damaged mercantile effects

Article 523. Scope of application.

If the effects constituting the shipment of a vessel, they appear altered, damaged or in danger of imminent breakdown, the one to whom the preservation of the goods corresponds in their custody and could not have obtained instructions from the holder of those instructions, you must ask a notary for the authorisation for the sale in public auction or for a person or a specialised entity.

Article 524. Expert assessment. Sale of the effects.

Submitted the application, in which the number and class of the effects to be sold shall be expressed, the notary shall appoint expert to recognize the genera.

Accredited by the state of the genera, if the notary considers it necessary, order the valuation and sale by person or specialized entity or in public auction of the effects indicated. With the price obtained, the payment of the expenses of the notary and the expert shall be paid in the first place, and the remainder shall be paid to the holder of the goods.

Additional disposition first. Updating of alternative amounts and guarantee mechanisms.

1. The Government is authorised to review the amounts of the maximum amounts of compensation provided for in Article 399.2 in order to maintain its coverage.

2. Revisions to the amounts of the conventions to which the liability rules referred to in Articles 282, 283, 299, 334 and 398 are referred shall only be carried out by virtue of the amendments to be made to them in the Treaties. applicable.

3. The Government may lay down the assumptions on which alternative guarantee mechanisms may be established for the compulsory insurance provided for in Articles 300, 389 and 464.

Additional provision second. Competent bodies for the determination of awards and remuneration for saves and trailers.

The competent authorities of the Navy that will know of the actions regarding the awards for rescue and the remuneration for their trailers of fortune are the Council of Maritime Arbitration and the auditors of arbitrations maritime.

Its composition, legal status, territorial scope and other necessary elements for its operation shall be established in a regulated manner.

Those interested in such procedures may choose to go to the aforementioned Navy organs or ordinary civil jurisdiction.

If there is no agreement between the parties concerned, the ordinary civil jurisdiction shall prevail, which shall be substantiated in accordance with the ordinary or verbal declarative procedure provided for in the Civil Procedure Act, as appropriate in reason for the amount claimed.

Additional provision third. Electronic procurement.

1. With regard to the use of electronic and telematic computer techniques, for the conclusion of the contracts mentioned in this law, and the communications related thereto, the provisions of the Law will be 34/2002, of 11 July, of Services of the Information Society and Electronic Commerce, in Law 59/2003, of December 19, of electronic signature, in this law and in the law of the European Union.

2. The parties may at any time agree to the change in the support of the contractual documentation. In such a case they shall include in any subsequent documentation an appropriate notice of the change as well as, where appropriate, the duration of such change.

Additional provision fourth. Actions of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

The exercise of the actions provided for in this law for the contract of sale in Chapter VI of Title II shall be incompatible with the exercise of the actions resulting from the lack of conformity of the good with the contract, provided for in Title V of the Second Book of the recast of the General Law for the Defence of Consumers and Users and other complementary laws.

Additional provision fifth. Alternative dispute resolution systems with consumers.

In relation to those contracts regulated in this law in which one of the parties is a consumer, pursuant to the provisions of the recast text of the General Law for the Defense of Consumers and Users and other laws complementary, approved by Royal Legislative Decree 1/2007 of 16 November, the parties to the contract may voluntarily submit their conflicts to the arbitration system of consumption or to other systems of out-of-court settlement of conflicts that appear on the list published by the European Commission on these systems and which respects the principles established by consumer regulations.

Additional provision sixth. Spanish warships.

According to article 3.3, the commanders of the Spanish warships belong to the Navy.

The Ministry of Defense will regulate the Navy's official ship list.

Additional provision seventh. Continental shelf.

Sovereign rights on the Spanish continental shelf and extensions beyond the limit of two hundred nautical miles shall be governed by the provisions of the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982, in the other international treaties in which Spain is a party and in the rules of domestic law which may be issued in accordance with such international agreements.

Additional disposition octave. Historical vessels and replicas.

1. Historic vessels and vessels and their unique reproductions may be registered and registered as a special register on the terms which the Government determines. Such regulation shall also establish a simplified certification and inspection regime to which such vessels and vessels will be subject.

2. Vessels and vessels included in the General Inventory of Goods of Historic Spanish Heritage or declared goods of cultural interest and those that are of special interest for having belonged to a relevant personality or In addition to registering in the register referred to in the previous paragraph, they will enjoy a special tax regime and the exemption of port charges in the terms of the be determined by the Government in accordance with the instruments of promotion and protection recognised in the legislation on historical heritage.

Additional provision ninth. Special provisions on air navigation.

1. This law shall not apply to aircraft which are on the water, or to personnel and means affected by the activity of such aircraft, which shall, for all purposes, be subject to the arrangements laid down in the aeronautical legislation and the Treaties. International cooperation in this field. This is without prejudice to compliance by aircraft with the provisions of the International Convention for the Safety of Life at Sea (SOLAS 74/78) and the Convention on International Regulations for the Prevention of Collisions (COLREG-72). it is applicable when they are on the water.

2. In the maritime areas of national sovereignty, prior agreement with the Maritime Administration, may be established, by the Ministry of Development or the Ministry of Defense, as appropriate, areas reserved exclusively for air navigation. These areas will be governed by the provisions of the aviation legislation, as well as maritime safety and maritime safety regulations, while under the control of the civil aviation or military authorities, in so far as this is not the case. relates to the landing or take-off and control of aircraft. The completion of these areas, if necessary, will be carried out according to the criteria of the International Association of Maritime Senalization.

3. The provisions necessary to regulate coordination with the competent maritime administration of the movement of aircraft outside the areas reserved for air navigation shall be laid down in regulation. areas, which shall be carried out in accordance with the criteria of the International Maritime Signalling Association, and the use of radio communication systems, as well as the requirements for flight crews of such aircraft.

Additional provision 10th. Notarial and registration fees.

The Government will approve the tariffs corresponding to the intervention of the notaries and registrars of the property and mercantiles for the registration of ships, vessels and naval artifacts in the Section of Ships of the Registry Furniture.

First transient disposition. Records of saves, trailers, findings and extractions in processing.

The administrative files on aid, saves, trailers, findings and maritime extractions that will be in the process of the entry into force of this law, will continue to be governed until their complete termination by The provisions of Law 60/1962 of 24 December on the provision of aid, saving, trailers, trailers, findings and maritime extractions.

Until the constitution of the Council of Maritime Arbitration and the Auditing of Maritime Arbitration, will continue to perform its current functions the Central Maritime Court and the Permanent Maritime Courts according to the The provisions of Law 60/1962 of 24 December on the use of aid, saving, trailers, trailers, finds and maritime extractions.

Second transient disposition. Arrangements for shipping entities on the basis of tonnage.

For the purposes of the application of the system of shipping entities according to the tonnage regulated in Chapter XVII of Title VII of the recast of the Law on Corporate Tax, approved by the Royal Legislative Decree On 5 March 2004, the definitions and other concepts laid down in this law shall apply to applications submitted on the basis of their entry into force.

Single repeal provision. Repeal of rules.

The entry into force of this law shall be repealed as many provisions of equal or lower rank shall be opposed to it and, in any event, the following:

(a) Articles 2131 to 2161 and 2168 to 2174 of the Civil Procedure Act of 1881.

(b) The first paragraph of Article 561 of the Criminal Procedure Act of 1882.

c) Book III and Articles 19.3, 951 to 954 of the Code of Commerce, approved by the Royal Decree of 22 August 1885.

d) The Law of December 22, 1949, on the unification of rules for shipping knowledge on merchant ships.

e) The Law of Naval Mortgage, dated August 21, 1893.

(f) Law 60/1962 of 24 December on aid, saves, trailers, findings and maritime extractions, except for the provisions of Title II, which will continue in force as regulatory standards.

g) The final twenty-sixth provision of Law 1/2000, of January 1, of Civil Procedure.

(h) Articles 261 and 262, and point (f) of Article 263 of the recast of the Law on Ports of the State and of the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September.

i) The transitional provision of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

Final disposition first. Rotterdam rules.

In the event that the United Nations Convention on the International Carriage of Goods, Total or Partly Maritime, signed on 23 September 2009 (Rules of Rotterdam) enters into force, the Government forward to the General Courts a draft law to make the necessary amendments to this law.

Final disposition second. Reform of Law 1/2000, of January 7, of Civil Procedure.

One. Article 681 (2) of the Law on Civil Procedure is worded as follows:

" 2. Where the payment of debts secured by a naval mortgage is claimed, the provisions of the preceding paragraph may only be exercised in the cases described in Article 140,a) and (e) of the Maritime Navigation Act.

In the cases referred to in points (c) and (d) of that Article, the action may be exercised only after finding the actual situation of the vessel through certification issued by the competent administration and in the case of (b) it is necessary to bear witness to the performance of the declaration of competition. '

Two. Article 685 (3) of the Law on Civil Procedure is worded as follows:

" 3. For the purposes of the procedure laid down in this Chapter, the private document for the establishment of the naval mortgage registered in the Register of Furniture Goods in accordance with the provisions of the Article 128 of the Law on Maritime Navigation. "

Final disposition third. Modification of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September.

The following modifications are made to the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September:

One. Article 26 (j) is amended as follows:

" (j) Control in the port area, compliance with regulations affecting the admission, handling and storage of dangerous goods, as well as security and protective systems for terrorist actions and anti-social, fire and emergency prevention and control in the terms established by the regulations on civil protection, and the fight against marine pollution, without prejudice to the competences that correspond to other organs of public administrations, as well as working with the relevant administrations on civil protection, fire prevention and extinction and rescue. "

Two. Article 62 (3) is amended as follows:

" 3. The port authorities shall be the bodies responsible for the prevention and control of the pollution emergencies in the service area of the ports they manage, as well as for the cleaning and control of the pollution caused by pollution. produce. "

Three. Article 106 (f) is amended as follows:

" f) The usual cleaning service of the common ground and water areas. The cleaning of springs and esplanades as a result of the deposit and handling of goods is not included in this service. "

Four. Article 263 (b) is amended, which is worded as follows:

" (b) Those relating to the rescue of human life at sea, as well as the cleaning of sea waters and the fight against pollution of the marine environment, in areas where Spain exercises sovereignty, sovereign rights or jurisdiction, taking the measures which may be necessary and in particular those referred to in Article 310.2 (d) of this Law and in terms of the plans and programmes provided for in Article 264, without prejudice to the the powers conferred on the Autonomous Communities in the case of discharges from land. '

Five. A new paragraph 10 is inserted in Article 265, which is worded as follows:

" 10. In any investigation procedure, the rights of seafarers must be respected without exception, in accordance with the Guidelines on the fair treatment of seafarers in the event of a maritime accident. "

Six. Article 266.4 (g) is amended, which is worded as follows:

" g) And, in general, all those functions relating to navigation, maritime safety, maritime rescue and the fight against pollution of the marine environment in waters situated in areas where Spain exercises sovereignty, sovereign rights or jurisdiction, except in cases of contamination occurring in the service area of the ports, which corresponds to the Port Authorities, with which they will have a duty of special collaboration in those cases. "

Seven. A new 30th additional disposition is added:

" Additional 34th Disposition. Fee for the issue of the Certificate of Insurance or other financial guarantee relating to the civil liability of the carrier of passengers by sea in the event of an accident.

1. It constitutes the taxable fact of the fee for the provision of the services of issue of the Certificate of Insurance or other financial guarantee relating to civil liability arising from damage to passengers by sea in the event of an accident.

2. The accrual of the fee shall take place at the time the application for the service is submitted, which shall not be processed without the payment being made.

3. The taxable persons shall be liable for the rate of natural or legal persons applying for the provision of services constituting the taxable event.

4. The amount of the fee is EUR 120.00. This amount may be amended by the General Budget Law of the State.

5. Payment of the fee shall be made in cash, in deposit entity authorized by the Ministry of Finance and Public Administrations, and shall be applicable to the provisions of the General Regulations of Collection approved by Royal Decree 939/2005, of 29 July.

6. The management of the fee will be carried out by the General Directorate of the Merchant Navy of the Ministry of Public Works. "

Eight. A new 30th additional disposition is added:

" Additional 30th-fifth disposition. Updating of the rate amounts.

The amounts of the rates regulated in Title IV of the Second Book of this Law may be amended by the State General Budget Law. "

Final disposition fourth. Amendment of Law 14/2000 of 29 December of Fiscal, Administrative and Social Order Measures.

Article 12 (5) of Law 14/2000, of 29 December, of Tax, Administrative and Social Order Measures, which is worded as

:

" Five. The payment of the fee shall be made by cash income in a deposit authorized by the Ministry of Finance and Public Administrations, either in the form of a self-settlement or in accordance with the settlement that will be presented to it by the Ministry of Finance. Administration, and will be applicable to the provisions of the General Rules of Collection, approved by Royal Decree 939/2005, of July 29.

The rate to be met by the provision of the related services or activities in numbers 15, 17, 18, 31, 36 and 41 of paragraph 7 of this article shall be subject to self-settlement by the taxable person.

Payment of the fee is an indispensable requirement for the delivery of the corresponding certificate.

The amount of this fee may be modified by the State General Budget Law. "

Final disposition fifth. Amendment of the first Section of the Health Services "Health Rights on Air Traffic and Air Traffic" section annexed to Decree 474/1960 of 10 March on the validation of fees for health services.

The first section of the rate for health services "Health Rights on Maritime and Air Traffic" is amended, annexed to Decree 474/1960 of 10 March, which is renamed "Health Rights on Maritime Traffic", with the following wording:

" Concepts:

1. Issue of Certificates of Health Control to Bordo or Exemption from Health Control to Bordo:

	tons	Work Time Inspection - Euros	Out-of-hours inspection * - Euros
to 500 T	89.68	134.52
501 To 3,000 T	176.77	265.15
3.001 To 10,000 T	231.94	347.91
10,000 T	287.11	430.66

* When the activity takes place at the convenience of the applicant outside the established working hours, the initial fee will be increased by 50%.

2. Issue of the extension of the health certificate on board: EUR 11,14.

3. Issue of the Sanitary Certificate of Recognition by Flag:

-Up to 100 T: 50.47 euros.

-From 101 to 1,000 T: 70.07 euros.

-From 1,001 to 1,500 T: 89.68 euros.

-From 1,501 to 2,000 T: 109.3 euros.

-From 2,001 to 4,000 T: 128,89 euros.

-Over 4,000 T: 148.49 euros.

4. Recognition of the kits of passenger ships and recreational craft:

-Type A and B: 22.6 euros.

-C and number 4: 16.93 euros. "

Final disposition sixth. Competitive titles.

This law is dictated by the provisions of article 149.1.6. and 20. of the Spanish Constitution, which attributes exclusive competence to the State on commercial, procedural and merchant marine legislation.

Final disposition seventh. Clause relating to Gibraltar.

This legal text cannot be interpreted as recognition of any rights or situations relating to the maritime spaces of Gibraltar, which are not covered by Article 10 of the Treaty of Utrecht, July 1713, between the Coronas of Spain and Great Britain.

Final disposition octave. Section of Ships of the Register of Furniture and Registry of Ships and Shipping Companies.

1. The Government, on a joint proposal of the Ministries of Justice and Development in the field of their respective competences, will dictate the necessary provisions for the development and application of the rules provided for in this law on the Registration of Goods Furniture and the Register of Ships and Shipping Companies, as well as the coordination between them.

2. Regulations, on the proposal of the Ministries of Development and Agriculture, Food and Environment, in the field of their respective competences, will ensure the coordination of the Registry of Ships and Shipping Companies and of the Census of the Fleet Operational Fishing.

Final disposition ninth. Enabling the Government.

1. The Government is enabled to remerge within three years in a single text, under the title "Maritime Navigation Code", the regulatory laws of the maritime institutions, regularizing, clarifying and harmonizing the present law with the recast of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September, and with all those international conventions or treaties on matters of Law of the Sea that may enter into force in Spain before the recasting is completed.

2. The Government is also authorised to make provision for all the provisions necessary for the proper implementation and enforcement of the provisions of this law.

Final disposition tenth. Enabling the Government to amend Title II of Law 60/1962 of 24 December on the regime of aid, saves, trailers, findings and maritime extractions.

1. Within eighteen months of the entry into force of this law, the Government shall amend the provisions of a regulatory nature contained in Title II of Law 60/1962 of 24 December on the aid scheme, saves, trailers, finds and marine extractions, in order to recompose the current structure of the Central Maritime Court, of the Permanent Maritime Courts and other organs there previewed, belonging to them organically and functionally to the Maritime Administration.

2. Within the same period of time established in the previous paragraph, the Government, through the Ministry of Justice, and the General Council of the Judiciary, will carry out a study on the feasibility of attributing objective competence to the National Court for the knowledge of all those matters of particular importance and gravity which may be subject to the jurisdiction in the relevant matters and in any other matters relating to maritime navigation. This study will be sent to the General Courts.

Final disposition eleventh. Referral to the Law Project Courts.

Within six months of the publication of this law, the Government will send to the General Courts, for its processing, a bill to regulate the abandonment of movable property and the procedures for sale, a notarial auction, electronic and disposal of the same.

Final disposition twelfth. Entry into force.

This law shall enter into force within two months of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 24 July 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY