Text of the provision
Art. 1766. In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws.
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
The closing article of the Common Carriers chapter (itself the last chapter of the Lease title), immediately before Partnership begins. Where this Code's own common-carrier articles do not cover a particular matter, the gap is filled by the Code of Commerce and other special laws — today including statutes such as the Public Service Act and the Carriage of Goods by Sea Act for their respective domains. The Civil Code lays down the general obligations (extraordinary diligence, the five exempting causes in Article 1734, and the rest); commercial and special legislation supplies the specialized detail the Code does not attempt.
Related provisions
- Article 1765 — Cancellation of the Certificate.
- Article 1767 — Contract of Partnership Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.