Air transport: Hypothesis of "social contact" liability for infringement of the rights of persons with reduced mobility
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Calogero Leanza
Publishing Year 2022 Issue 2022/35 Language Italian
Pages 14 P. 91-104 File size 183 KB
DOI 10.3280/DT2022-035007
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The Tribunal of Florence addressed the issue relating to the request for compensation for (moral) damage by a person suffering from tetraplegia when boarding a flight and expressed the view that the hypothesis of responsibility for social contact is configurable. Even in the absence of a specific contractual link, the parties in question came into contact as a result of the transport contract that was concluded. In fact, it is a situation in which the mandatory relationship finds its grounds on a specific relationship between specific subjects, which, alt-hough not formally having a contractual source, is able to produce direct mandatory effects, which can be framed both in scope of art. 1173 of the Italian Civil Code (such as «other acts or facts capable of producing mandatory effects in accordance with the legal system») and in the context of liability for non performance pursuant to art. 1218 of the Italian Civil Code.
Calogero Leanza, Trasporto aereo: ipotesi di responsabilità da "contatto sociale" per lesione dei diritti delle persone a mobilità ridotta in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 35/2022, pp 91-104, DOI: 10.3280/DT2022-035007