Cuccu, Vanna (2014) Gli Obblighi di protezione: profili in tema di contratto di trasporto. Doctoral Thesis.
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Protection and care duties have given rise to a doctrinal discussion that seems to have recently been revived.
The best subject matter for the observation of the above mentioned duties is maritime and air transport law where the debate has been enriched by many elements that have arisen from the Montreal Convention 1999, the reg. (EC) 261/2004 and 1177/2010, the Athens Convention 1975 as amended by the London Protocol 2002 and reg. (EC) 329 /2009.
The above provide mandatory regulation which introduces important new features: they outline the activities the duties of care imposed; they established a characteristic liability system that moves away from the traditional concept of fault and extend the protected time limit beyond the duration of the main performance.
The aim of this research is to understand whether care and protection are in conflict with the traditional patterns of Italian civil law, or whether there is a way to recognize them as having clear position taking into consideration recent developments. Starting from an examination of the origins of the duties of care, this research focuses on understanding what the nature of the protection under the contract is and what its characteristics are. Therefore, using the knowledge from air and maritime law we can extend this understanding to civil law in order to contribute to the modernization of a system that has to deal with being part of a social and economic structure on a supranational level.
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