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

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430 OBLIGATIONS<br />

628 If the consignee cannot be found or if he refuses or<br />

neglects to take delivery of the goods, the carrier must so<br />

notify the shipper.<br />

If the carrier receives no instructions within thirty days,<br />

he may dispose of the goods as though they were unclaimed.<br />

In an emergency, the carrier may dispose of perishable<br />

goods without notice.<br />

629 When the period of time allowed by Article 627 for<br />

removal of the goods expires, or from the notice given under<br />

the preceding article, the carrier assumes the obligations of a<br />

depositary by onerous title who must be remunerated by the<br />

shipper.<br />

630 Without prejudice to the rights of the shipper, as soon as<br />

the consignee accepts the goods or the contract, he acquires<br />

the rights and assumes the obligations derived from the<br />

contract.<br />

631 The carrier for hire is bound to carry the goods to their<br />

destination.<br />

He is liable for any damage resulting from the transport<br />

unless he proves a fortuitous event, fault of the shipper or of<br />

the consignee, or a defect in the goods.<br />

He is liable, however, for any theft of the goods, even by<br />

armed robbery.<br />

632 No action in damages, whether the damage is apparent<br />

or not, is admissible unless a written notice of the claim has<br />

been given to the carrier within ninety days after receipt of the<br />

goods.<br />

An action instituted within that period has the effect of a<br />

notice.

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