Atlas · Corporations
The forfeiture period to file an indemnity lawsuit for inaccurate information or false description of transported goods is one hundred and twenty days
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Carrier | Inaccurate information or false description in the document of transported goods | Indemnity lawsuit for the damage suffered must be filed within one hundred and twenty days from that act, under penalty of forfeiture | Law 10.406/2002, art. 745 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Planalto, in Portuguese): Article 745 establishes the forfeiture period of one hundred and twenty days, starting from the act, for the filing of the indemnity lawsuit by the carrier in case of inaccurate information or false description in the document.
How it applies
The carrier who suffers damage due to inaccurate information or false description of the transported goods in the issued document must file the indemnity lawsuit within up to one hundred and twenty days. The counting of the period starts from the date of the act that generated the inaccuracy or false description, resulting in forfeiture if the lawsuit is not proposed within this timeframe. The goods delivered to the carrier must be characterized by their nature, value, weight, and quantity, and whatever else is necessary so they are not confused with others, and the recipient must be indicated at least by name and address, as provided by article 743 of the law. Upon receiving the goods, the carrier shall issue a bill of lading mentioning the data that identify them, complying with the provisions of special law, and may require the sender to deliver, duly signed, the itemized list of the goods to be transported, in two copies, one of which, duly authenticated by the carrier, shall become an integral part of the bill of lading, pursuant to article 744. Furthermore, the carrier may refuse goods whose packaging is inadequate, as well as those that may endanger people's health, as established by article 746 of said civil legislation.
Limits
- The fact sheet exclusively covers the forfeiture period for the carrier's indemnity lawsuit for inaccurate information or false description of transported goods.
- The version read is the one published by Planalto; subsequent amendments must be checked at the source.