Text of the provision
Art. 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
Settles when the carrier stops being a carrier. Its extraordinary liability continues even while the goods sit stored in the carrier's own warehouse at the destination — and ends only once the consignee has been told the goods arrived and has had a reasonable opportunity afterwards to remove them or otherwise dispose of them. Arrival alone does not lower the standard of care.
Related provisions
- Article 1734 — The Five Exempting Causes for Common Carriers.
- Article 1951 — The Lender's Liability for Known Flaws.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.