Liability arising from transport of dangerous goods by road

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pp. 136,      1a edizione  2021   (Codice editore 380.404)

Liability arising from transport of dangerous goods by road
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In breve

Road transport of dangerous goods is a risky undertaking that can cause serious problems if a vehicle carrying dangerous goods is involved in an accident. This form of transport is regulated by a complex system of regulatory sources. The presence of an extremely fragmented discipline raises the problem of analyzing a legislative system composed of several layers, which can lead to many legal problems.

Presentazione del volume

Road transport of dangerous goods is a risky undertaking which can cause serious trouble if a vehicle onto which dangerous goods are loaded is involved in an accident. This form of transport is governed by a complex system of regulatory sources. The presence of an extremely fragmentary discipline raises the problem of analysing a legislative system composed of several layers. In this regard, many legal problems may arise. Firstly, it is necessary to understand the nature of liability deriving from the transport of dangerous goods by road and with whom it lies. On this point, it should be established whether it is a form of strict liability based on the business being operated or a professional kind of liability.

Claudio D'Alonzo is a Researcher at the Catholic University Our Lady of Good Counsel, Tirana, Albania, where he teaches Businnes Law, International Markets Law, and Private Law. He is Director of the Research Centre on the Economy of Transition Countries. He works as a lawyer in Italy and has published numerous scientific publications.

Indice

Dangerous goods and legal sources
(Legal sources regarding transport of dangerous goods by road; The problem of liability arising from transport of dangerous goods by road; ADR regulation; Exemptions; ADR and Italian regulation; Italian legislation on the use of nuclear energy; The CRTD; International regulation. The CMR; Liability arising from transport of dangerous goods under Italian legislation; The contract for road haulage. The Italian legislation; Changes introduced by Legislative Decree 21 November 2005, n. 286; Liability set out by Law 23 December 2014, n. 190; Article 168 of Italian traffic laws; Framework of the research regarding liability arising from transport of dangerous substances by road; Notion of dangerous goods)
Road transport of dangerous goods
(Safety duties of the participants; The Italian case law on ADR; Liability under CRTD; Liability arising from transport of dangerous goods under CMR; Nature of the contract of carriage by road; The sanctioning system set out by article 168 of the Italian traffic laws; The obligation on the carrier)
Liability arising from haulage of dangerous goods
(Contractual liability of the carrier; Dangerous activities under the Italian Civil Code; Liability of the other participant; Business networks and the Italian "contratto di rete"; Conclusions)
Bibliography.