Arrival under stress (Art.

819)
If the captain during the navigation should believe that the vessel cannot continue the voyage to the
port of destination on account of the lack of provisions, well-founded fear of seizure, privateers or
pirates, or by reason of any accident of the sea disabling her to navigate, he shall assemble the
officers and shall call the persons interested in the cargo who may be present, and who may attend
the meeting without the right to vote; and if, after examining the circumstances of the case, the
reasons should be considered well founded, it shall be decided to make the nearest and most
convenient port drafting and entering in the log book the proper minutes which shall be signed by
all.
The captain shall have the deciding vote and the persons interested in the cargo may make the
objections and protests they may deem proper, which shall be entered in the minutes in order that
they may make use thereof in the manner they may consider advisable.

When arrival under stress unlawful

1. If the lack of provisions should arise from the failure to take the necessary provisions for
the voyage, according to usage and custom, or if they should have been rendered useless or
lost through bad stowage or negligence in their care.
2. If the risk of enemies, privateers, or pirates should not have been well known, manifest, and
based on positive and justifiable facts.
3. If the injury to the vessel should have been caused by reason of her not being repaired,
rigged, equipped, and arranged in a convenient manner for the voyage, or by reason of
some erroneous order of the captain.
4. Whenever malice, negligence, want of foresight, or lack of skill on the part of the captain is
the reason for the act causing the damage.

 Lawful arrival under stress – shipowner or ship agent will not be liable for the damage.
 Unlawful arrival under stress – shipowner, ship agent, and captain will be liable.