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Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

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426 OBLIGATIONS<br />

598 The lessor retains the navigation, management, employment<br />

and agency of the ship.<br />

599 The lessor is responsible for cargo received on board in<br />

accordance with the terms of the contract, and in the absence<br />

of such terms, with Articles 643 and following.<br />

600 The lessee is bound to provide a cargo in the quantity<br />

and quality agreed upon, which the lessor loads, stows, trims<br />

and discharges.<br />

601 The lessee pays the lessor the freight agreed upon in the<br />

contract or, in the absence of any agreement, that fixed at a<br />

reasonable rate.<br />

602 No freight is payable if the cargo is not delivered.<br />

603 Freight is payable on delivery of the cargo, notwithstanding<br />

loss, damage or delay, without prejudice, however, to<br />

the recourses of the lessee.<br />

When, for a reason not imputable to the lessor, it is<br />

impossible to complete the voyage, the lessee must pay<br />

reasonable compensation on delivery of the cargo.<br />

604 The lessor has a right of retention on the cargo for<br />

freight, dead freight, demurrage and damages for detention.<br />

When the cargo is delivered by the lessor to a person<br />

other than the lessee, the lessee is not responsible for freight,<br />

demurrage and damage for detention incurred at the port of<br />

discharge, except to the extent that the lessor, using diligence,<br />

is unable to obtain payment by exercising his right of retention<br />

on the cargo.

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