LA DISCIPLINA NAZIONALE E QUELLA INTERNAZIONALE DEL CONTRATTO DI SUBTRASPORTO STRADALE

The sector of carriage of goods by road is characterized, especially in Italy, by the frequent weak negotiating position of shipping companies operating as subcontractors. This context, due to the concerns of social safeguarding, in addition to road safety, has led the Italian legislator, following the example of other legal systems, to adopt a series of measures, including the carrier’s direct action against the
ender to satisfy its credits. It should be stressed that situations formally coinciding, such as the intervention of the performing carrier for the actual performance of the obligations undertaken by the contractual carrier, can cause diametrically different problems. In fact, in other methods of transportation the uniform law legislator had to protect the position of the creditor of the transportation performance granting it a direct action against the performing carrier.