Article 287 of Civil Code

1 - If the debtor undertakes to deliver a thing and fails to deliver it after being formally put in default, the risk of its destruction shall fall on him, even if the risk of its destruction before formal default fell on the creditor. Home Page 980 Index of the Law Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil Code Nevertheless, the risk of destruction shall not fall on the debtor, even if formally put in default, if he proves that the thing would have perished in the creditor's possession had it been delivered to him, unless the debtor had 2 - agreed to bear the risk of force majeure or a fortuitous event. -3 However, if a stolen thing perishes or is lost in any manner whatsoever, the risk thereof shall fall on the thief.