The article provides an analysis of the interpretation of Art. 29 CMR according to Italian caselaw, moving from the exam of the Italian doctrine. The exegesis of Art. 29 CMR is developed, from the exam of the convention's travaux préparatoires and the versions in the authentic languages (English and French), also with a comparative approach concerning also the regime of the carrier's liability under other uniform conventions. For this purpose the several states of mind under Italian law are also analyzed and relevant case studies regarding in particular theft and robber are examined, in order to answer the main question whether it could be possible to find a uniform solution to the interpretative conflicts on the actual meaning of the carrier's states of mind under the CMR.
The Interpretation and Enforcement of Article 29 CMR in the Italian Law
Elena Orrù
2017
Abstract
The article provides an analysis of the interpretation of Art. 29 CMR according to Italian caselaw, moving from the exam of the Italian doctrine. The exegesis of Art. 29 CMR is developed, from the exam of the convention's travaux préparatoires and the versions in the authentic languages (English and French), also with a comparative approach concerning also the regime of the carrier's liability under other uniform conventions. For this purpose the several states of mind under Italian law are also analyzed and relevant case studies regarding in particular theft and robber are examined, in order to answer the main question whether it could be possible to find a uniform solution to the interpretative conflicts on the actual meaning of the carrier's states of mind under the CMR.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
