Navigation and transport law
The Cetraro Law Firm has considerable experience in the Transport Sector, offering both judicial and extrajudicial advice and assistance, to individuals and businesses, in all legal aspects related to land transport as well as maritime navigation. He has significant and consolidated experience, gained by assisting leading insurance companies for transport disputes.
The Firm, in step with the times, has expanded its skills in the field of Navigation Law and is now able to provide assistance and advice in the following areas:
- passenger transport (sea and land)
- freight (sea and land)
- maritime navigation
- ship building
- shipowner’s debt limitation procedures
- maritime accidents
- nautical work
- pleasure boating
- purchase and rental of pleasure craft
- tourist port and state property
The customer has the opportunity to receive complete, rapid and qualified assistance in relation to each individual transport activity.
The Firm assists both private individuals and companies involved in delicate and unpredictable situations, such as land or maritime accidents, providing, with specific expertise, all types of judicial and extrajudicial assistance.
Cass. Civ., Section VI, sentence no. 33449 of 17.12.2019: “(..) In the case of transport of people carried out seamlessly in the negotiation execution, as ascertained in fact by the court of merit, with transhipment from one car to another, foreseen by the only contract with the only carrier, the latter is liable for the damages occurred to the person transported to the square where the transfer itself occurred, since it is an operation necessary for the service rendered and part of it, according to the presumption of responsibility provided by the art. 1681, paragraph 1, of the Italian Civil Code.”
Cass. Civ., Section II, sentence no. 31974 of 06.12.2019: “(..) The transport document signed by the carrier only, constituting a writing from the third party and, as such, having mere circumstantial value, requires, where not promptly confirmed by the deposition of the compiler or other testimonial declarations, to be supported, on the evidentiary level, by presumptions pursuant to art. 2729 of the Italian Civil Code, so that alone it does not satisfy the burden that art. 2697 of the Italian Civil Code places the sender in charge of the delivery of certain goods to the recipient.”
Cass. Civ., Section II, sentence no. 13233 of 16.05.2019: “(..) In the event of cabotage, the taxable person is the carrier, by which we mean the person legally entitled to the license and not the employee physically placed at the helm. The on-board documentation obligation starts from 2014 onwards, is excluded for the previous period.”