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December 15, 2021
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- Fedespedi rejoices for the modernization of the Civil Code on the
shipping contract
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- Finally - underlined the federation - logistics
Italian comes out of provincialism and crushing on a single
mode (road) that have distinguished it until today from
a regulatory point of view
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 Fedespedi expressed satisfaction with yesterday's approval
by the House Budget Committee of the proposal
of the federation of Italian shipping houses volta
the modernisation and updating of the rules on
shipping contract contained in the Civil Code, with its
inclusion in the process of conversion into law of the decree-law
152/2021 of implementation of the National Recovery and Resilience Plan.
Fedespedi stressed that this is an important result
for the federation, the result of study and multi-year commitment
of fedespedi's Legal Advisory Body, led by President Ciro
Spinelli and the joint work with Confetra at institutional level
which had already led to the approval of the proposal at
the CNEL, within the framework of the three bills for the
simplification of the regulations of the Italian logistics system
presented by Confetra itself.-
- Fedespedi noted that "with the updating of the
discipline of the shipping contract finally logistics
Italian comes out of provincialism and crushing on a single
mode (road) that have distinguished it until today from
a normative point of view. In particular - explained the
federation - the strategic value of the part is recognized
logistics supply chain software, of which freight forwarders
they are a fundamental node. This innovation - highlighted
Fedespedi - will be a boost of competitiveness for the
logistics and shipping companies and goes in the direction traced by the
MIMS, which on the occasion of the Agora Confetra announced that
want to launch in the spring a framework measure that addresses and
try to untie the many intangible and regulatory knots, the
logistics software, which undermines the competitiveness of the
Italian logistics».
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- "In general - specified Ciro Spinelli - it is a question of
a modernisation of the rules, aimed at better clarifying
and simplify the application of the "new basic rules"
that will govern the relations between the companies they transport,
import and export their goods in the world and the companies of
shipments to which the shipping mandate is entrusted, with
the hope of helping to minimise both the risk of
multiple interpretation of civil devices and the
conflict between the parties involved. A positive aspect,
not to be overlooked, in a moment like the current one, complicated for the
global supply chain resilience, under pressure from
pandemic and the rebound of the world economy, with the results
negatives that we all know with respect to cost and reliability
transport, supply difficulties and breakdowns of
stock'.
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- 'The return of the shipping contract to the institution
of the mandate - continued Spinelli - clarifies unequivocally
the fiduciary component of the business-freight forwarder relationship:
finally clarified the figure of the shipping company as
"international business advisor". The reference to
applicable international conventions and in the various ways
of execution of the transport and descending responsibility
of the operator, finally gives to the activity
of the shipping company the global breath that is to it
precisely in modern times, also from a regulatory point of view».
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- Fedespedi specified that the reform "is
fundamental also from another point of view, no less
important: the adaptation of the discipline of the contract of
dispatch to modern practice, both by repealing references to practices
obsolete or obsolete, both by accepting all those current aspects already
recognized by jurisprudential practice. So the Code
civil finally reflects what today is the activity
of international shipping'.
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- "It is - commented the president of the federation,
Silvia Moretto - a great victory for Fedespedi, for Confetra,
for all Italian logistics. Finally it is recognized and
incorporated into our system the value of the development had by the
international shipping industry in the last 70, 80 years.
Phenomena such as the advent of the container in the 50s and the
globalization of trade until now were not reflected
in the old discipline of the shipping contract. The data
extremely positive, I think for the country, lies in the fact that the
Draghi government, Minister Giovannini, Parliament and, in the
specifically, the Budget Committee of the Chamber have recognized
without prejudice the technical goodness and the value of a proposal
from below, from our confederal system, which aims to
simplify, clarify, modernize the discipline of the contract of
Shipments. This is the result of the culture of dialogue,
of which politics has reappropriated in this new
season of renewal, and this is the value that the
associative representations can give to growth and
development of the country".
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- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
phone: +39.010.2462122, fax: +39.010.2516768, e-mail
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