If the transport is prevented or excessively delayed by a fortuitous event or force majeure not attributable to either party, the carrier must give immediate notice thereof to the consignor. The latter may, in that case, terminate the contract by returning to the carrier the duplicate of the transport document and compensating it in accordance with the provisions of article 454.
Commercial Code
Unofficial translation. The English interface is for information only — only the Arabic text published in the Bulletin Officiel is authentic. Read this page in العربية · Français
The consignor has the right to stop the transport and to have the transported things returned to it, or to order delivery to a consignee different from that indicated in the transport document or otherwise to dispose of them by compensating the carrier in accordance with the provisions of articles 453 and 455 as the case may be.…
The carrier shall be entitled to a proportional supplement to the price and to reimbursement of the excess of its costs and advances, if the distance to be travelled or the duration of the journey has been increased by counter-orders or new instructions from the consignor or the consignee.
If the transport is interrupted by an accidental event or force majeure not attributable to either party, the price of transport shall be due only in proportion to the distance covered, without prejudice to reimbursement of the necessary costs and advances incurred by the carrier. If it is interrupted for the same causes before any performance, the carrier shall not be entitled to any price.
If the transport is interrupted by the will of the consignor, the following rules shall apply: 1) if the transport is stopped before departure, the consignor must pay half of the established price, the loading and unloading costs and the other necessary costs incurred by the carrier; 2) if the transport is stopped after departur…
The transport must be performed within the period determined by the parties or by commercial usage, and, failing that, within the period that must be considered reasonable.
If arrival is delayed beyond the periods established in the previous article, the carrier shall suffer a deduction from the transport price proportionate to the duration of the delay. It shall lose the entire price if the delay has lasted twice the time established for performance of the transport; all without prejudice to furth…
The carrier shall be liable for the loss and damage of the objects entrusted to it, from the moment they have been handed over until that on which it delivers them to the consignee; any clause tending to release it from this liability shall have no effect.
The carrier shall be released from all liability if it proves that the loss or damage was caused: 1) by an accidental event or force majeure not attributable to its fault; 2) by the inherent defect of the things themselves or by their nature; 3) by the act or instructions of the consignor or the consignee. It shall be entitled t…
The carrier shall be liable not only for what it has already received into its means of transport, but also for what has been handed over to it in any place intended for the reception of goods for their transport.
For things which, by reason of their nature, generally suffer a loss in weight or volume through the sole fact of transport, the carrier shall be liable only for the part of the shortage exceeding the tolerance determined by usage. The limitation of liability provided for in the preceding paragraph may not be invoked if it is pr…
The carrier shall be liable for the acts and faults of all carriers that it has substituted for itself, and of all other persons whose assistance it uses or to whom it entrusts performance of the transport, until the moment of delivery to the consignee of the things transported. Any contrary agreement shall be deemed null and without effect.
The damage resulting from loss shall be established according to the transport document, and, failing that, according to the current price of things of the same kind and quality at the place of departure. The damage resulting from deterioration shall consist of the difference between the value of the thing in the condition in wh…
The damage resulting from the loss of travellers' luggage and effects, which have been handed over to the carrier without declaration of nature and value, shall be established according to the particular circumstances of each case. The carrier shall not, however, be liable for precious objects, works of art, cash, debt instrumen…
Successive carriers shall be subrogated to all the obligations of the transport contract, as they result from the transport document, as soon as they have received delivery of the things to be transported and of the transport document. They shall have the right to record, on the transport document or other document, the condition of the things handed over to them; in the absence of reservation, the provisions of article 449 shall apply.
The carrier must immediately notify the consignee of the arrival of the things transported.
Before the arrival of the things transported, the carrier must execute all instructions that may be given to it by the consignee and relating to their preservation. After the arrival of the things transported, or after the day on which they should have arrived at destination, the consignee may exercise all rights resulting from…
Payment of the price of carriage is due only at the place where the goods were to be carried and after their arrival. The consignee is bound, upon receipt of the goods carried, to pay the price of carriage, the storage charges, the costs with which the goods are charged and the ordinary advances made on that account by the carrier, and to fulfil all other obligations for which he might be liable by reason of the contract of carriage.
The carrier is not bound to deliver the goods carried where the person presenting himself to receive them does not fulfil his obligations. In the event of dispute, and if the consignee pays the sum which he believes due and deposits the difference, the carrier must deliver the goods carried to him. The carrier is not bound to de…
The carrier's right of retention exists for all claims arising from the contract of carriage. Where there are several carriers, the last exercises the rights of the preceding ones. Sums deposited in accordance with the preceding article take the place of the goods with regard to the carrier's right of retention.
The last carrier loses his recourse against the consignor and the preceding carriers if he delivers the goods carried without collecting the sums due to him or those due to the preceding carriers or to the consignor, or if he does not require their deposit. He remains liable towards the consignor and the preceding carriers for the sums deposited and all other sums due to them, save an action against the consignee.
At the time of delivery, the consignee has the right to verify, in adversarial proceedings with the carrier, or to have verified by experts appointed for that purpose, or by the judicial authority of the place, the condition and quality of the goods carried, even where they show no external sign of damage. This right also belong…
Any action for compensation must be brought against the first or the last carrier. It may be brought against the intermediate carrier if it is established that the damage occurred during the carriage performed by him. Any carrier sued in respect of facts for which he is not liable has the choice of having recourse against the ca…
If the carrier does not find the consignee and, in the event of refusal, dispute or other impediment to the delivery of the goods carried, the carrier must immediately notify the consignor and await his instructions. If such notice cannot be given or if the consignor delays in replying, or if he gives unexecutable orders, the ca…
Payment of the price of carriage and receipt without reservation of the goods carried, where the price has been paid in advance, extinguish any action against the carrier. However, where the partial loss and the damage are not recognizable at the time of receipt, the action against the carrier subsists, even after receipt of the…
The traveller is bound to comply with the internal regulations established by the competent governmental authority.
Where the voyage is broken before departure, the following rules shall apply: 1) if the traveller is not present in due time at the place of departure he has the right to depart on the following voyage; in all cases, he must pay the full price; 2) if the voyage is broken by the will of the traveller, the latter must pay the full…
Where the journey is broken off after departure, and in the absence of agreement, the following rules shall apply: 1) if the passenger voluntarily stops at an intermediate place, he shall owe the entire transport price; 2) if the carrier refuses to continue the journey or if by his fault he obliges the passenger to stop at an in…
If departure is delayed, the passenger shall be entitled to damages. If the delay is abnormal or if, because of the delay, the passenger no longer has any interest in completing the journey, he shall also be entitled to rescind the contract or to recover the transport price he has paid. He shall not be entitled to damages if the delay depends on a fortuitous event or force majeure.
If during the journey the carrier stops at places not included in his itinerary, if he takes a route different from that indicated, or otherwise delays arrival at destination through his own act, the passenger shall be entitled to termination of the contract and to damages. Where the carrier transports, in addition to passengers…
If the delay of the journey depends on an act of the public authority, on repairs necessary to the means of transport or on an unforeseen danger that would make continuation of the journey perilous and, in the absence of agreement between the two parties, the following rules shall apply: 1) if the passenger cannot await the cess…
In maritime transport, the passenger's food during the journey is presumed to be included in the price. In the contrary case, the captain must provide it to the passenger at the current market price.
The passenger shall owe no additional price for his baggage and personal effects, unless there is contrary agreement. The carrier shall be liable for the loss or deterioration of the passenger's baggage in accordance with the rules established in articles 458, 459, 460 and 464. He shall not, however, be liable for baggage that the passenger has kept with him.
The carrier shall have a right of retention over the passenger's effects and baggage for payment of the transport price and of supplies made to the latter during the journey.
The carrier shall be liable for damage occurring to the person of the passenger during transport. His liability may be excluded only by proof of a case of force majeure or of the fault of the victim.
If the passenger dies during the journey, the carrier is bound to take all necessary measures in the interest of the heirs for the preservation of his baggage and effects until the moment of their delivery to the person entitled. If one of the persons entitled is present, he may intervene in these operations in order to supervis…
A bank account is either a demand account or a term account. Section One: Provisions Common to Demand and Term Accounts
Before opening an account, the banking institution must verify: - with regard to natural persons, the domicile and identity of the applicant in light of the particulars of his national identity card, the registration card for resident aliens or the passport or any other identity document serving in lieu thereof for non-resident…
Where several accounts are opened for the same customer in one branch or in several branches of the same banking institution, each of these accounts shall operate independently of the others, unless otherwise stipulated.
The banking institution may open joint accounts with or without joint and several liability.
The account statement must be kept without erasures or alterations. A copy of the statement is sent to the customer at least every three months.
The account statement constitutes a means of proof under the conditions provided for in the...
A demand account is a contract by which the bank agrees with its customer to record in a single statement their reciprocal claims in the form of credit and debit entries, the merging of which makes it possible to determine at any time a provisional balance in favour of one of the parties.
Unless otherwise stipulated, the following are nevertheless presumed excluded from the account: 1) claims secured by contractual or legal security; 2) claims that do not arise from usual business relations.
Interest shall accrue as of right in favour of the bank.
The account statement shall clearly indicate the rate of interest and commissions, their amount and their method of calculation.
The bank's interest claim, determined every quarter, is carried to the debit of the account; it may contribute to the formation of a balance in favour of the bank, which in turn bears interest.
Claims entered in an account lose their specific characteristics and their own individuality. They are deemed paid and consequently may no longer be the subject, separately, of a payment, a set-off, a pursuit, a means of execution or prescription. Personal or real securities attached to claims carried to the account are extinguished, save for their carry-over, by express agreement, to the balance of the account.
The account agreement does not by itself constitute the opening of credit in favor of the client. Any occasional debit balance must be repaid without delay by the client, unless agreed by the banking establishment.
The client may freely dispose of the provisional balance in his favor. This balance may be seized by any creditor of the client.