Vigilance over the goods

Article 1734

- Closed list of causes of loss, destruction or deterioration which exempts the common carrier for
responsibility
- Other than the list to be exempted, the common carrier must [resent clear and convincing
evidence that they are not negligent
- The general rule for fortuitous events provide that except in cases probided by la, or when it is
otherwise declared by stipulation or when the nature of the obligation requires the assumption
of risk, no person shall be responsible for thos events which could not be foreseen, or which
though foreseen, were inevitable
- In order an obligor may be exempted from the breach of an obligation dure to caso fortuito or
act of god (REQUISITES)
1. The cause of the breach of the obligation must be independent of the will of the debtor
2. The event must be unforeseen or unavoidable
3. The vent must be such as to render it impossible for the debtor to fulfill his obligation in
normal manner
4. The debtor must be free from any participation in, or aggravation of the injury to the
creditor
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