Text of the provision
Art. 1750. A contract fixing the sum that may be recovered. by the owner or shipper for the loss, destruction, or deterioration of the goods is valid, if it is reasonable and just under the circumstances, and has been fairly and freely agreed upon.
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 official-text renderings.
What this article means
A contract fixing the recoverable sum for loss is valid if reasonable, just, and fairly and freely agreed upon.
Related provisions
- Article 1749 — Value in the Bill of Lading.
- Article 1751 — No Competition Considered.
Cases citing this article
- Everett Steamship Corporation vs. Court of Appeals, et al, G.R. No. 122494, October 8, 1998 — read the decision on LawPhil →
- Philippines Charter Insurance Corp. vs. Neptune Orient Lines/Overseas Agencies Services, Inc, G.R. No. 145044, June 12, 2008 — read the decision on LawPhil →
- Edgar Cokaliong Shipping Lines, Inc., vs. UCPB General Insurance Company, Inc, G.R. No. 146018, June 25, 2003 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.