Text of the provision
Art. 1951. The bailor who, knowing the flaws of the thing loaned, does not advise the bailee of the same, shall be liable to the latter for the damages which he may suffer by reason thereof.
(1752)
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
In commodatum, a bailor who knows the thing is flawed and does not tell the borrower is liable for the damage the borrower suffers as a result. Lending something for free does not license lending something known to be dangerous in silence.
Questions about this provision
Related provisions
- Article 1738 — How Long Extraordinary Liability Lasts in the Warehouse.
- Article 1998 — Hotel-Keepers as Depositaries of a Guest's Effects.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.