Short answer. No. Once the buyer or his authorized agent obtains actual delivery of the goods before they reach the appointed destination, the goods are no longer in transit. Your right of stoppage has ended. Transit only continues as long as the goods remain in the carrier's possession, not the buyer's.

What the law says

Goods are no longer in transit within the meaning of the preceding article: (1) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination;

Civil Code, Article 1531 — When Goods Are 'In Transit'. Read the full provision →

When goods are considered 'in transit'

Article 1531 of the Civil Code defines transit for purposes of the seller's right of stoppage. Goods are in transit from the moment they are handed to a carrier — by land, water, or air — for transmission to the buyer, until the buyer or his authorized agent actually takes delivery from that carrier. While the goods are in the carrier's hands and still moving toward the agreed destination, an unpaid seller can intercept them by exercising the right of stoppage in transitu.

Early pick-up ends transit immediately

If the buyer or someone authorized to receive goods on his behalf collects them before they reach the appointed destination, transit is over from that moment. It does not matter that the originally agreed endpoint was somewhere else — once the buyer has the goods in his physical possession, the carrier no longer holds them, and your right to stop them is extinguished. A buyer who picks up goods at the port, the depot, or along the route has taken possession, and you cannot intercept what has already been handed over.

Other ways transit ends

Picking up early is not the only way transit terminates. Article 1531 also ends transit when the carrier, after the goods arrive at the destination, acknowledges to the buyer or his agent that it now holds the goods on the buyer's behalf — at that point the carrier is acting as bailee for the buyer, not as a carrier in transit. Transit also ends when the carrier wrongfully refuses to deliver to the buyer. And if part delivery has already been made, the rest may still be stopped — unless the partial delivery was made under circumstances showing an overall agreement to give up the whole shipment.

Chartered vessels and partial delivery: less certain situations

The statute acknowledges one genuinely uncertain scenario: where goods are delivered to a ship, freight train, truck, or airplane that the buyer chartered. Whether those goods are in the carrier's possession as a carrier, or in the buyer's possession through his chartered vehicle, depends on the specific facts. There is no automatic answer. Similarly, partial delivery can complicate matters — some of the goods may be stoppable even if others are not. If you are facing a situation involving a chartered vessel or a mixed delivery, the analysis requires a close review of the facts and your contract.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.