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Italy: Important reforms in forwarding and transport law / The amendment of the Civil Code in relation to transport and shipping

Transport law

Italy: Important reforms in forwarding and transport law / The amendment of the Civil Code in relation to transport and shipping

Legislative Decree No. 152/2021, converted with amendments into Law No. 233/2021, updated and/or amended certain provisions of the Codice Civile (cc) relating to transport and forwarding:

  • the limitation of the compensation to be paid by the carrier, which used to refer exclusively to road transport, has been extended to other transport: for national or international air, sea, river and rail transport, express reference is now made to the special laws and the relevant international conventions (Art. 1696 c.c.);
  • in the case of intermodal transport, if - as is often the case - it cannot be determined on which leg of the transport the damage occurred (Art. 1696 of the Civil Code), the carrier will be obliged to compensate for the damage incurred at the rate of 1 euro/kg gross weight for national transport or at the rate of 3 euro/kg gross weight for international transport;
  • in the contract of forwarding: the forwarder may now, in performance of the contract given to him by the consignor, conclude contracts of carriage either in his own name and for the account of the consignor or in the name and for the account of the consignor himself, and this also applies to several contracts of carriage (Art. 1737 of the Civil Code);
  • the duties of the consignor towards the freight forwarder, according to which the latter must now also be specifically instructed with regard to the insurance cover for the carriage and it is left to the freight forwarder to choose the best cover for the specific case (Art. 1739 CC);
  • the forwarder in self-insurance, for which explicit reference is now made to the provisions of Art. 1696 c.c., including the limits of indemnity (Art. 1741 c.c.)
  • on the special privileges of the freight forwarder, which are assimilated to those of the carrier (Art. 2761 c.c.).