SECTION 3–OF THE PRIVILEGE ON SHIPS AND MERCHANDISE Art. 3237. Privileges on ships and vessels, enumeration and ranking; prescription. The following debts are privileged on the price of ships and other vessels, in the order in which they are placed: 1. Legal and other charges incurred to obtain the sale of a ship or other […]
Art. 3238. Proportionate payment to creditors of same rank. The creditors, named in each number of the preceding article, except number twelve, come in together, and must all suffer a ratable diminution, if the fund be insufficient.
Art. 3239. Right of pursuit after sale of ship. Creditors having privileges on ships or other vessels, may pursue the vessel in the possession of any person who has obtained it by virtue of a sale; in this case, however, a distinction must be made between a forced and a voluntary sale.
Art. 3240. Privilege on price of adjudication in case of forced sale. When the sale was a forced one, the right of the purchaser to the property becomes irrevocable; he owes only the price of adjudication, and over it the creditors exercise their privilege, in the order above prescribed.
Art. 3241. Voluntary sale, distinction between sale in port or on voyage. When the sale is voluntary on the part of the owner, a distinction is to be made, whether the* vessel was in port or on a voyage. *English translation of French text incomplete; should include "ship or other."
Art. 3242. Voluntary sale of ship in port, rights of privileged creditors. When a sale has been made, the vessel being in port, the creditors of the vendor, who enjoy the privilege for some cause anterior to the act of sale, may demand payment and enforce their rights over the ship, until a voyage has […]
Art. 3243. Loss of privilege after voyage in name of purchaser. But when the ship has made a voyage in the name and at the risk of the purchaser, without any claim on the part of the privileged creditors of the vendor, these privileges are lost and extinct against the ship, if she was in […]
Art. 3244. Voluntary sale of ship while on voyage, rights of privileged creditors. On the other hand, if the ship was on a voyage at the time of sale, the privilege of the creditor against the purchaser shall only become extinct after the ship shall have returned to the port of departure, and the creditors […]
Art. 3245. Voyage, definition. A ship is considered to have made a voyage, when her departure from one port and arrival at another shall have taken place, or when, without having arrived at another, more than sixty days have elapsed between the departure and return to the same port; or when the ship, having departed […]
Art. 3246. Captain’s privilege on cargo for freight charges. The captain has a privilege for the freight during fifteen days after the delivery of the merchandise, if they have not passed into third hands. He may even keep the goods, unless the shipper or consignee shall give him security for the payment of the freight.
Art. 3247. Privilege of consignee or agent on merchandise consigned. Every consignee or commission agent who has made advances on goods consigned to him, or placed in his hands to be sold for account of the consignor, has a privilege for the amount of these advances, with interest and charges on the value of the […]
Art. 3248. Rights of consignor on insolvency of consignee or agent. In the event of the failure of the consignee or commission agent, the consignor has not only a right to reclaim the goods sent by him, and which remain unsold in the hands of the consignee or agent, if he can prove their identity, […]
