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|Title:||Anglo-saxon institutes in International tran sport conventions referring to the carriers’ liability and the position of continental lawyers||Authors:||Jerman, Boris||Keywords:||liability in Anglo-Saxon law; liability in Continental law; Anglo-Saxon institutes regarding the carrier liability by the Continental lawyers||Issue Date:||2007||Publisher:||EUT Edizioni Università di Trieste||Source:||Boris Jerman, "Anglo-saxon institutes in International tran sport conventions referring to the carriers’ liability and the position of continental lawyers", in: Trasporti. Diritto, economia, politica, 102 (2007), pp. 43-67.||Abstract:||
The institutes of Anglo-Saxon legal system regarding the liability of the carrier are demonstrably particular, which is the main reason why it is difficult to find their correlative institutes in the Continental legal system. In the 20th century there was a significant progress toward unifying the law. A number of international conventions were adopted that facilitate solutions regarding the relationships of international elements, but on the other hand created some problems when they contained institutes from one legal system unknown to the lawyers of other legal systems. The institutes of recklessness, willful misconduct and actual fault or privity, which take part in many international conventions dealing with the carriers liability are institutes of that kind. The main mistake which is made by Continental lawyers is that they very often try at every cost to correlate institutes from the Anglo-Saxon legal system to those of the Continental legal system although there exist differences which can not be ignored. From the point of view, the best way to understand this institutes, is to study and understand them as they are perceived in the Anglo-Saxon legal system. Up to present, any another comprehension has not appeared on the international level, and there are no prospects that this may happen. The main reason for that, is in the last century the Anglo-Saxon law has had much greater influence on the Continental law than inversely, what is particularly evident in the field of the transport.
|Appears in Collections:||Trasporti. Diritto, economia, politica n. 102 (2007)|
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