Art. 315 — COMMERCIAL CODE

If a vessel, freighted for more than one place of

destination, after the completion of one voyage, happens to be in

the port wherefrom she is to undertake another voyage, and a war

breaks out before the commencement of such other voyage, the

following rules shall be observed

(a) if neither the vessel nor the cargo is free -

the vessel shall stay in port until the conclusion of

peace, or until she can sail with convoy, or in any other

safe manner, or until further instructions are

transmitted to the master by the owners of the vessel

and of the cargo,

where the vessel is laden, the master may deposit the

goods in a warehouse or in any other place of safe

custody, until the voyage can be continued or until

other measures are adopted,

the wages of the seamen and the expenses for the

maintenance of the crew, warehouse rent and any other

expense occasioned by the delay shall be borne, by

way of general average, by the freighter and the person

letting the vessel,

where the vessel is not laden, two-thirds of the

expenses shall be borne by the freighter;

(b) if the vessel only is not free -

the contract for the intended voyage shall be dissolved

upon the demand of the person letting the vessel,

where the vessel is laden, the person letting her or the

master shall pay the expenses for loading and

unloading, and they can only claim freight in

proportion to the voyages already performed,

demurrage, and general average;

(c) if the cargo only is not free, and the freighter does not

otherwise effect the shipment, the master may sail

without the cargo, and complete the voyage

undertaken. In any such case, the person letting the

vessel or the master is entitled, on completion of the

voyage, to claim the whole freight, and the provisions

of articles 284 and 286 shall also apply

Provided that if the freighter is absent they shall use

all due diligence to obtain a cargo from other persons.

← Art. 314 Person letting vessel maintains unimpaired his right for demurrage and average. COMMERCIAL CODE Art. 316 Where war breaks out before, or on arrival of the vessel at the place of loading. →