In short
Article 1390 of the Civil Code of 2020 defines: by the contract of carriage, the carrier binds itself to move persons or things, and the passenger or shipper to pay a price. The first thing worth reading, though, is Article 1391, because it marks the whole chapter’s reach: its rules, except where the transport is specially regulated, apply regardless of the means used; and in every case they operate as suppletory rules. Article 1392 addresses delay: where the carrier does not make the movement within the agreed period, or the movement is not in accordance with the usages of the place where transport begins, it is liable for the damages caused by the delay, unless it proves another’s fault; and it adds a consequence particular to transport of things — independently of its liability for damages, it loses a part of the freight proportional to the delay, losing it entirely if it took double the period. Article 1393 allocates liability for damage in six rules: it answers for the harm or damage suffered by the persons or things transported, except where it proves another’s fault; compensation for deterioration or loss is the value the things have at the place and moment they were or should have been delivered; absent a reservation, the cargo is presumed free of defects and adequately packed when received; for fragile things, badly packed ones, animals or special transport, it may be agreed that it answers only if its fault is proved; it does not answer for the naturally lost diminution in things that by their nature lose weight or measure; and where several carriers intervene, each answers for its own leg, unless the transport is agreed in a single contract or it cannot be determined on which leg the damage occurred, in which case all answer solidarily. Article 1394 lets each carrier record the state in which it received the cargo and makes the last segment’s carrier represent the previous ones in collecting their credits.
What is it?
They are Articles 1390 to 1394 of the Civil Code of 2020, opening the transport chapter: the definition, the chapter’s suppletory reach, delay and loss of freight, liability for damage, and segmented transport.
Who can do it?
Passengers, shippers and carriers under a contract of carriage governed by the Puerto Rico Civil Code, where the transport is not specially regulated.
Requirements
- That the carrier bind itself to move persons or things and the passenger or shipper to pay a price.Verified against the official source
- That the transport not be specially regulated: in that case this chapter does not apply, under its own Article 1391.Verified against the official source
- To escape liability for delay or damage: that the carrier prove another’s fault.Verified against the official source
- For the carrier to answer only on proof of fault for fragile or badly packed things, animals or special transport: to have agreed it.Verified against the official source
Documents you need
Cost
Step by step
Step 1: First of all: this chapter is suppletory
Article 1391 says it in two sentences: the rules of this chapter, except where the transport is specially regulated, apply regardless of the means used; and in every case they operate as suppletory rules. If your transport has its own regulation, that governs.
Step 2: Which transport is "specially regulated" it does not say
The article refers out without naming any statute or agency. Neither does this guide name them as the special regime: what it can say is that particular regulations exist for several kinds of transport, with separate guides on this site.
Step 3: The definition
Article 1390: the carrier binds itself to move persons or things, and the passenger or shipper to pay a price. The same chapter covers both, persons and cargo.
Step 4: If it is late: liability for delay
Article 1392: where the carrier does not make the movement within the agreed period, or the movement is not in accordance with the usages of the place where transport begins, it is liable for the damages caused by the delay, unless it proves another’s fault.
Step 5: And it also loses freight
The second paragraph, only for transport of things: independently of its liability for damages, the carrier loses a part of the freight proportional to the delay, losing it entirely if it took double the period. The key word is "independently": it is an added consequence, not instead of damages.
Step 6: Liability for damage and its exception
Article 1393: the carrier is liable for the harm or damage suffered by the persons or things transported, except where it proves another’s fault. The burden of proving that fault is its own.
Step 7: What is paid for damaged cargo
The same article: compensation for deterioration or loss of the things is the value they have at the place and moment they were or should have been delivered. Not the purchase price nor a declared value: that one.
Step 8: What is presumed absent a reservation
Except where there is a reservation, the cargo is presumed free of defects and adequately packed when the carrier received it. That is why reservations on receiving the cargo matter so much.
Step 9: Fragile goods, animals and special transport
For fragile or easily deteriorating things, badly packed things, animals or any special transport, the carrier may agree that it answers only if its fault is proved. Note the verb: may agree; an agreement is needed.
Step 10: Natural shrinkage is not paid
In transport of things that by their nature lose weight or measure during the journey, the carrier does not answer for the naturally lost diminution.
Step 11: When there are several carriers
Each answers for the damage caused during its own leg, except where the transport is agreed in a single contract or it cannot be determined on which leg the damage occurred, in which case all answer solidarily. Those two exceptions usually decide the case.
Step 12: Segmented transport
Article 1394: each carrier intervening in a segment has the right to record, before continuing, the state in which it received the cargo; and the last segment’s carrier represents the previous ones in collecting their credits and exercising their rights related to the cargo.
Where to do it
The contract runs between the parties; the Code names no agency for this chapter. If your transport is one of the specially regulated ones, the forum and rules are that regulation’s, which we did not read here and which have separate guides on this site. Contract claims are decided by the Court of First Instance.
How long it takes
What to do if something goes wrong
If your trip or shipment falls under a special regulation — public passenger, maritime, air or freight transport with its own statute — this chapter yields to it under its own Article 1391, and several of those subjects have their own guides here. If what you want are the concrete obligations of passenger and carrier, that is this chapter’s other guide. These articles do not say which transport is "specially regulated", do not define "another’s fault", set no liability cap or claiming period, and do not regulate fares, refunds or overbooking. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Applying this chapter to transport that has a special regulation: Article 1391 itself excludes it.
- Forgetting that, even where they apply, these rules operate as suppletory.
- As the carrier, believing it is enough to allege something unforeseen: another’s fault must be proved.
- As the shipper, claiming the purchase price: compensation is the value at the place and moment the things were or should have been delivered.
- Handing over cargo without making a reservation and then alleging it was badly packed: absent a reservation the opposite is presumed.
- Assuming the carrier answers only on proof of fault for fragile things or animals: that must be agreed.
- Claiming the natural shrinkage of things that by their nature lose weight or measure.
- Believing that in multi-leg transport only the carrier of the damaged leg answers: with a single contract, or where the leg cannot be determined, all answer solidarily.
- Thinking delay only gives damages: in transport of things freight is lost too, and all of it if double the period was taken.
Frequently asked questions
The carrier took double the time. Do I pay the full freight?
In transport of things, Article 1392 says it loses a part of the freight proportional to the delay and loses it entirely if it took double the period, and that is independent of its liability for the damages of the delay.
My cargo was damaged. How much is owed?
Article 1393 fixes compensation at the value the things have at the place and moment they were or should have been delivered.
It passed through three companies and nobody knows where it was damaged. Who answers?
If it cannot be determined on which leg the damage occurred — or if the transport was agreed in a single contract — Article 1393 makes them all answer solidarily.
Does this chapter apply to my flight or the ferry?
Article 1391 excludes specially regulated transport and, in every case, makes these rules operate as suppletory. The Code does not say which transport is specially regulated, so the regulation applicable to that means must be checked.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 9, 2026
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