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Article 1173

RA 386 · Civil Code of the Philippines

ELI5— what this means for you

The standard of care required depends on whether the obligation involves ordinary property (ordinary care) or a specific entrusted thing. A carrier or depositary must take extra care.

Official text — RA 386

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a)

Source: lawphil.net (RA 386 as amended)

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