Introduction
Deputy Francisco Javier Borrego Adame, member of the Morena parliamentary group, submitted a bill by which articles 581, Section V, 588, section V, and 591, section II, of the Commercial Code (the “Code”)[1] are amended.
Reasons
The terrestrial transport agreement is a commercial contract that involves two parties, on the one hand the carrier who undertakes to transport by road whether people or goods; and on the other hand the shipper, who is obliged to pay for the transport service, said contract is regulated by the Code.
Deputy Borrego Adame, explained that, although the parties agree on certain rights and obligations, in the case of terrestrial transport service for goods, in most cases, the shipper delays in paying the carrier for the transport services.
He also pointed out that the above affects the carriers because although the parties agree on a reasonable term for the shipper to pay, he takes longer than agreed to pay at the expense of the carriers that in many cases are small entities. Therefore, their commercial activity becomes unsustainable and many carriers have gone bankrup because of the above reasons.
The bill purpose is to improve the legal status of the carrier, establishing a reasonable term for them to collect the money for providing the service, which would be contemplated in the following provisions:
| CURRENT ARTICLES | PROPOSED AMENDMENTS |
Article 581. The carrier shall issue a bill of landing to the shipper, from which the shipper may request a copy. This bill of landing shall state: I…. II…. III…. IV…. V.- The consideration. Article 588. The shipper is obliged: I. … II. … III. … IV. … V.- To indemnify the carrier for all damages suffered by the non-performance of the agreement, and for all necessary expenditures made in favor of the shipper for the compliance of the agreement and beyond its sections. Article 591.- The carrier has the right. I……. II.- To receive the agreed payment, if due to the negligence or fault of the shipper the voyage is not realized, provided that under the transport agreement it has assigned a vehicle for the sole purpose of realizing the carriage of the goods, discounting what the carrier would have used by transporting other goods in the same vehicle. III. … IV. … V. … VI. … VII. … VIII. … IX. … | Article 581. The carrier shall issue a bill of landing to the shipper, from which the shipper may request a copy. This consignment note shall state: I……. II……. III…… IV……. V.- The consideration; and its payment term, which shall not exceed thirty days following the delivery of the goods. Article 588. The shipper is obliged: I. … II…. III…. IV…. V. To pay the postage or service, at the time of delivery of the cargo at the agreed place or at the terms agreed in the contract, within a period not exceeding thirty days; Article 591. The carrier has the right: I. … II. To receive payment of the agreed postage, in terms of article 588, section V; III…. IV…. V. … VI…. VII…. VIII…. IX…. |
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Gaceta Parlamentaria, año XXVI, número 6180-II, miércoles 21 de diciembre de 2022 (diputados.gob.mx)
