COGSA

Primary -> Civil Code

Liability of the Common Carrier

 Law to govern: If cc is not sufficient, code of commerce (special law, e.g. COGSA) shall govern
1756

Prescriptive period -> 1 year

 Extrajudicial demand -> not suspended by prescription; in case of COGSA will continue to run; the only thing that
will suspend the running of 1 year -> agreement by the parties upon their communication.
 Loss as contemplated by COGSA -> the thing or cargo perished beyond the commerce of man -> prescriptive
period is 1 year; misdelivery is 10 years prescription! In the case of conversion, stolen, etc. -> not a loss
contemplated under COGSA

Application -> International Sea transport only

 Exception: Transshipment (In order to be valid, must be stipulated) -> coastwise transportation is part of the
international transportation

Insurance

 If covered by COGSA, insurance company has to comply with the prescriptive period of 1 year
 But by virtue of subrogation, the insurance company can sue the arrastre operator since it is not a maritime
case; hence the provision of COGSA will not apply
 Cargo files a case against marine insurance company after 3 years -> prescribed? No. Because COGSA will not
apply because the insurance company is not a shipping line, hence COGSA will not apply. Since it is an insurance
claim, the insurance code shall apply -> not 1 year prescription
 Subrogation applies only to property not life of the person

Fetus and Mother

 Within 7 months -> no legal personality yet, hence the mother cannot claim damages