Atlas · Governance
Deadline for reporting hidden damage in the transport of goods
AnswerThe recipient has 10 days, starting from delivery, to report hidden damage in the transport of goods.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Situation | Deadline | Source | Data |
|---|---|---|---|
| Hidden damage in the transport of goods | 10 days from delivery | Law No. 10.406/2002 (Civil Code), art. 754, paragraph 1 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto) (Planalto, in Portuguese): Article 754, paragraph 1, establishes that in cases of partial loss or damage not immediately visible, the recipient retains the right to take action against the carrier if they report the damage within 10 days from delivery.
How it applies
The 10-day deadline starts from the moment the recipient receives the transported goods. The report must be formalized for the recipient to retain the right to claim for damage not immediately visible. This rule applies to the transport of goods, regardless of the mode (road, air, maritime, etc.), as long as it is regulated by the Civil Code.
Limits
- The 10-day deadline does not apply to immediately visible damage, which must be reported right away.
- If the carrier includes specific contractual clauses (e.g., extended warranties), these may alter the deadline, provided they are not abusive or contrary to the law.
- This text does not cover transports governed by special legislation (e.g., international transport under conventions such as the CMR or the Warsaw Convention), which may have different deadlines.
- Subsequent changes to the Civil Code should be verified on the Planalto or in updates from CVM/ANTAQ, as applicable.