Spedizioniere – Codice civile artt. 1737/1741

Sunday, 22 February, 2009 | By Avvocato Luca Raffo | Categoria: Legislazione Italiana, Trasporti e Codice Civile


Libro IV° Delle obbligazioni

Capo IX Del mandato

Sez. III Della spedizione

Art. 1737. Nozione

Il contratto di spedizione è un mandato col quale lo spedizioniere assume l’obbligo di concludere, in nome proprio e per conto del mandante, un contratto di trasporto e di compiere le operazioni accessorie.

Art. 1738. Revoca

Finchè lo spedizioniere non abbia concluso il contratto di trasporto col vettore, il mittente può revocare l’ordine di spedizione, rimborsando lo spedizioniere delle spese sostenute e corrispondendogli un equo compenso per l’attività prestata.

Art. 1739. Obblighi dello spedizioniere

Nella scelta della via, del mezzo e delle modalità di trasporto della merce, lo spedizioniere è tenuto ad osservare le istruzioni del committente e, in mancanza, a operare secondo il, migliore interesse del medesimo.

Salvo che gli sia stato diversamente ordinato e salvi gli usi contrari, lo spedizioniere non ha obbligo di provvedere all’assicurazione delle cose spedite.

I premi, gli abbuoni e i vantaggi di tariffa ottenuti dallo spedizioniere devono essere accreditati al committente, salvo patto contrario.

Art. 1740. Diritti dello spedizioniere

La misura della retribuzione dovuta allo spedizioniere per l’esecuzione dell’incarico si determina, in mancanza di convenzione, secondo le tariffe professionali o, in mancanza, secondo gli usi del luogo in cui avviene la spedizione.

Le spese anticipate e i compensi per le prestazioni accessorie eseguite dallo spedizioniere sono liquidati sulla base dei documenti giustificativi, ameno che il rimborso e i compensi siano stati preventivamente convenuti in una somma globale unitaria.

Art. 1741. Spedizioniere vettore

Lo spedizioniere che con mezzi propri o altrui assume l’esecuzione del trasporto in tutto o in parte, ha gli obblighi e diritti del vettore.

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  1. so di preciso come funniozi il pilota automatico degli aerei, io sapevo che il pilota umano non doveva praticamente intervenire mai se non per emergenza, ma posso sbagliarmi visto che non e8 il mio campo. Per quanto riguarda i droni (aerei militari senza pilota), perf2 quelli sono totalmente automatici. Cmq, le tecnologie per il controllo automatico e sicuro della vettura ci sono gie0, vedi un po’ il sito http://www.vislab.it (unipr). Il punto e8 quanto costere0 in pif9 questa tecnologia sulle nostre auto? Ad oggi i sensori di parcheggio li fanno pagare e non te li regalano, che poi il costo in se del singolo sensore sia basso, la casa automobilistica te li fanno pagare in migliaia di euro, che non e8 poco su un’utilitaria da 10/15keuro, euqivale anche al 10%. Su un auto di gamma media da 20/30k euro allora il discorso sarebbe diverso. Lo stesso discorso e8 valido anche per l’auto ibrida elettrica, la tecnologia c’e8 e funziona, ma quanto mi costa in pif9?

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  32. I think Terblanche is incapable of understanding what is ugly to the rest of the world. He’s only good at designing odd bikes with odd looks. Keep him AWAY from the superbikes, tourers, and monsters please!

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