Micale, Marco Valerio (2014) L'Espansione dell'area della responsabilità contrattuale nell'attività di trasporto aereo di persone. Doctoral Thesis.
During the last decades, the concept of private autonomy has been undergoing a progressive transformation in objective sense, which has been orienting the contract towards a “supra individual” dimension and the liability towards a “contractualization”.
This research arises from the effects of the above mentioned transformation on the liability system ex contractu. Its aim is to analyze them referring specifically to the persons air transport sector, whose legislation, better than any other, describes such renewed conception of autonomy.
The analysis of the peculiar regulation of the liability of the carrier and of the other subjects involved in the execution of the air carriage has allowed to evaluate, also from an historical perspective, how the legislator has solved the issues arising from the increasingly strict limits of the contractual autonomy of the individual, both for relationships ruled by a contract and for those without a formal agreement.
Therefore, such research aims at trying to identify a ratio which informs the whole liability system of the air carrier and which may help the interpreter to discipline the ambiguous hypothesis of liability, that are not specifically included in the norms of this sector.
The identification of such ratio in the contractual liability has allowed the development of unusual solutions, also through the application of theories borrowed from the general private law – such as the “social contact” one – to the persons air transport sector.
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