Nicaragua - Time Bars

Date: 26/01/2017
Author: Lucia Brockmann
Source: Nassar Abogados

Nicaragua Maritime Transportation (Cargo)

ActionLegal BaseTime Bar
Damages to merchandiseArticle 388 Nicaraguan Code of CommerceThe consignee must exercise, within 24 hours from the receipt of goods, the rights that are incumbent against the carrier (the ones that apply), demanding the responsibilities incurred. It must report the case of negligence and the damage it causes.
Liability of the carrier for loss, embezzlement or damageArticle 385 Nicaraguan Code of CommerceThe carrier's liability for loss, embezzlement or damage, terminates: 1. On the receipt of the goods without complaint.2. After 6 months in shipments verified within the Republic and 1 year for those taking place abroad.
Notification notice of loss, damage or delay to the goods caused by the port operatorArticle 109
General Law of Ports
The carrier, consignee or any other person authorized to receive the goods from the hands of port operator, has, within 3 working days, to give a notice of loss, damage or delay in delivery, specifying the general nature of the damage suffered.
Damages to third partiesArticle 905
Nicaragua Civil Code
All right and its corresponding action are subject to a statute of limitations of 10 years.
Payment of goodsArticle 906
Nicaragua Civil Code
Statute of limitations to demand an outstanding debt is of 10 years.
Privileges execution over the merchandiseArticle 92 Water Transportation Law of NicaraguaThe maritime liens on the goods transported, the credits from freight and its accessories, the fees for loading, unloading and storage, removal of wrecked goods, reimbursement of expenses and remuneration at sea and contributions in general are cancelled if an action is not exercised within 1 month, counted from the date it ended unloading the goods.
Executions of maritime mortgageArticle 98 Water Transportation Law of NicaraguaThe mortgage action is subject to a statute of limitations of 3 years, counted from the credit expiration.
Contract termination for ship's hidden defects (vicios ocultos)Article 76 Water Transportation Law of NicaraguaAn action for damages against the builder for hidden defects on vessel or ships has a statute of limitations of two years, counted from the date they are discovered, but in no case this will exceed the term of 4 years from the date in which the vessel has been made available to the party that requested its construction.
Execution of maritime privileges on shipArticle 86 Water Transportation Law of NicaraguaMaritime privileges will terminate after a period of one year, counted from the moment when are enforceable, unless an action has been aimed to a rooting or embargo of the ship.

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