THE PAYMENT OF THE FREIGHT AS A CONDITION FOR THE RECOGNITION AND PAYMENT OF INDEMNITIES IN TRANSPORT OPERATIONSGrillo Correa S.A.S
WHAT DOES THE COLOMBIAN LAW SAY ABOUT FREIGHT PAYMENT?
Colombian legislation establishes that a contracting party in default or reluctant to comply, as a general rule, lacks standing and interest to demand compliance or termination of the contract with compensation for damages against the party in compliance, and therefore, with interest to invoke the exception of the contract not fulfilled in accordance with the provisions of article 1609 of the Civil Code.
Article 1602 and 1603 of the Civil Code
Although in accordance with the provisions of articles 1602 and 1603 of the Civil Code, in accordance with article 871 of the Commercial Code, as long as the contract has not been terminated due to legal causes or by the consent of the parties, the duties of provision that has arisen from it remain valid and enforceable, and must be executed in good faith, nor can the defaulting contracting party demand simple compliance with compensation for damages, while it does not comply or agree to comply with its obligations.
This means that when under a transport contract (maritime, air, land, multimodal, etc.), a claim is generated by the contracting party (generator of the cargo) because the cargo is damaged or because of the delay in its delivery generates damages, the ACTUAL CARRIER will be obliged to attend said claim (in what is duly proven) as long as the client contracting the operation has complied with its main obligation, consisting of the TIMELY PAYMENT OF THE FREIGHT; If this does not happen, the carrier will not be obliged to acknowledge any compensation, since this condition constitutes a LEGAL BUDGET for the carrier to acknowledge and/or address the claim.
In this sense, whenever the generator of the load presents a claim to the transport company, it is important to evaluate the payment of the freight in order to be able to determine if the claim presented is appropriate or, failing that, it should be rejected by virtue of the above. . It is important to take into account that as a transporter the value of the freight corresponds to the consideration generated by virtue of the service provided and it itself cannot be stopped from receiving despite the inconveniences that the operation presents.
If you have any questions and require specialized advice, remember that at GRILLO CORREA CONSULTORÍAS S.A.S., we are willing to assist you virtually and in real time, to achieve the objectives and recognition that you and your company deserve.
Prepared by: Dr. Verónica Patrón