Art. 1733. Common carriers, from the nature of their business (2) Act of the public enemy in war, whether international or civil;
and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for the
safety of the passengers transported by them, according to all the
(3) Act of omission of the shipper or owner of the goods;
circumstances of each case.
Art. 1743. If through the order of public authority the goods are
Art. 1739. In order that the common carrier may be exempted
seized or destroyed, the common carrier is not responsible,
from responsibility, the natural disaster must have been the
provided said public authority had power to issue the order.
proximate and only cause of the loss. However, the common
carrier must exercise due diligence to prevent or minimize loss
before, during and after the occurrence of flood, storm or other
natural disaster in order that the common carrier may be Art. 1744. A stipulation between the common carrier and the
exempted from liability for the loss, destruction, or deterioration of shipper or owner limiting the liability of the former for the loss,
the goods. The same duty is incumbent upon the common carrier
destruction, or deterioration of the goods to a degree less than (4) That the common carrier shall exercise a degree of diligence
extraordinary diligence shall be valid, provided it be: less than that of a good father of a family, or of a man of ordinary
prudence in the vigilance over the movables transported;
(7) That the common carrier is not responsible for the loss,
Art. 1745. Any of the following or similar stipulations shall be
destruction, or deterioration of goods on account of the defective
considered unreasonable, unjust and contrary to public policy:
condition of the car, vehicle, ship, airplane or other equipment
(1) That the goods are transported at the risk of the owner or used in the contract of carriage.
shipper;
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.
Art. 1751. The fact that the common carrier has no competitor
along the line or route, or a part thereof, to which the contract
refers shall be taken into consideration on the question of
whether or not a stipulation limiting the common carrier's liability
is reasonable, just and in consonance with public policy.
Art. 1758. When a passenger is carried gratuitously, a stipulation Art. 1762. The contributory negligence of the passenger does not
limiting the common carrier's liability for negligence is valid, but bar recovery of damages for his death or injuries, if the proximate
not for wilful acts or gross negligence. cause thereof is the negligence of the common carrier, but the
amount of damages shall be equitably reduced.
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.