GOMES, U. E. V.; GOMES, Ueno Eduardo de Vasconcelos.
Resumo:
The monograph under discussion deals with the Civil Liability of Carriers of
Passengers , turning to the analysis of civil liability in the face of the Code of
Consumer Protection , in order to ensure compensation for damage caused to the
passenger , consumer contract of adhesion . The principle has been based on the
study of the historical aspects of Liability , analyzing inherited contributions of Roman
law , French law , until the advent of Risk Theory . The distinction between subjective
and objective Liability , contract and tort , as well as developing a close function of
Liability in everyday life analysis. After studying the Civil Liability at first, move on to
the study of this in relation to the Code of Consumer advocacy analyzing what comes
to consumption ratio as between the parties , conceptualizing its main elements , as
a carrier, consumer product and service. Finally , the work deals with the carriage of
passengers in Brazil , more specific and peculiar way , giving emphasis to the
dictates of the Civil Code and the Code of Consumer Protection . Especially in
relation to the contract of carriage , contract of adhesion , passenger transport, air
transport rules , regard responsibility to the land and relating to maritime transport
carriage , and a special focus in respect of Article 14 of the CRC. The Carrier shall
act always in accordance with the norms established by the Code , and that act at
variance with these rules , can undoubtedly be blamed for the moral and economic
consequences caused to the consumer.
