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Contract stipulating to exercise slight diligence

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crimsonheis


Arresto Menor
The Civil Code provides 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. And any stipulation reducing the diligence required is void, because it is contrary to public policy. This however, talks about common carriers.

Can two parties, wherein the contract entered into is not one of a common carrier, stipulate to reduce the diligence required to that of "slight diligence", and that it would mean that it is the diligence lower than that of a good father of a family?

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euphoria


Arresto Menor
There is a provision in the civil code which provides that the parties can stipulate the diligence that may be required in a contract or that diligence of a good father of a family and lastly to pressume the assumption of risk. Of course that will vary from the object also if its specific or generic. Try to read na lang further articles pa in obligations andun lang yan Smile

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crimsonheis


Arresto Menor
Yes, the parties may stipulate the kind of diligence in a contract, however, the question is if ever the stipulation of a degree less than a good father of a family is valid in the view that even without a stipulation, a diligence of GFF is already given. Can you go below what is required by the law? Or is it contrary to public policy like in transpo law?

Does the law recognize slight diligence as enough to be stipulated in a contract?

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