Chapter Fifth: Transport

Article 679

Art. 679 - The term 'transport' is reserved for the synallagmatic agreement whose essential objective is to ensure the movement of a person or a thing from one place to another.

Article 680

Art. 680 - This operation, which is only a variety of contract for work or enterprise, necessarily has a remunerative character; the person who engages in it is called a carrier and, more specifically, a transportation contractor, if they make it their habitual profession.

Article 681

Article 681 - Transport is concluded, from the moment the parties agree on the elements and conditions of the operation and even before the thing has been delivered to the carrier by the sender, unless, however, the contractors have decided, expressly or tacitly, that the formation of the agreement would be deferred until the said acceptance had been effected.

Article 682

Art. 682 - In the transportation of goods, the shipper must accurately inform the carrier of the recipient's address and the place of delivery, the number, weight, and contents of the packages, the delivery deadline, and the route to be followed; they must also indicate the existence and value of objects of exceptionally high value.

Article 683

Article 683 - The carrier is responsible for losses, deteriorations and shortages, except in cases of force majeure, the inherent defect of the thing and the fault of the sender. The proof of these exonerating events falls upon the carrier; however, if he has made reservations upon taking possession, relating to the defect of packing, this precaution creates in his favor a presumption which will be challenged, if necessary, by the sender or by the recipient.

Article 684

Art. 684 - The consignee has a direct action against the carrier, by virtue of the contract concluded between the latter and the shipper; this action enables him to claim delivery and, if necessary, damages for the total or partial non-performance of the operation.

Article 685

Art. 685 - The carrier must notify the consignee as soon as the goods arrive.

Article 686

Art. 686 - The carrier has a privilege over the transported goods for the payment of the transportation price and its accessories; it also has the right of retention.

Article 687

Article 687 - Actions against the carrier are prescribed by one year; this period runs, in case of damage, from the day of delivery; in case of loss or delay, from the day on which delivery should have taken place.

Article 688

Art. 688 - The transportation of persons is formed, like that of goods, by mere consent. It imposes on the carrier the obligation to convey the passenger safely and soundly to their destination and within the stipulated time limits; in the event of an accident, the contractual liability of the carrier yields to proof of a case of force majeure or a fault committed by the victim.

Article 689

Art. 689 - The checked baggage is the subject of a transport contract that is annexed to the passenger's transport contract; the carry-on baggage remains outside the convention and the carrier is only liable if a fault is established to be its responsibility by the claimant seeking compensation.