Nurra, Maria Teresa (2015) Il Concorso di responsabilità contrattuale ed extracontrattuale nel trasporto. Doctoral Thesis.
This research aims to ascertain current areas of contractual and extra-contractual co-liability, with particular reference to the transport sector. The general part analyzes the concept of liability, understood as violation of legal obligation. This notion of liability is the shared component of contractual and extra-contractual liability. The difference between the two forms of liability resides in the type of legal obligation that has been violated. In contractual liability, the violation of a legal obligation is directed at a specific subject: the creditor. At the basis of extra-contractual liability, there is, on the other hand, a violation of generic obligation toward all parties to co-liability. Taking as the starting point, the disciplinary differences between the two forms of liability, the theory of contractual and “Aquilian” co-liability is then reconstructed. In particular, legal reasons, which have led to the doctrine and jurisprudence to adopt the remedy co-liability, are examined. The second part analyzes the current areas in which co-liability operates within the transport sector. Special attention is paid to the international and uniform provisions of law, which de facto render remedy of co-liability useless for the damaged passenger. In the conclusion, attention is dedicated to compensation for non-pecuniary damages and breach of contract, with reference to international and European jurisprudential interpretations.
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