Il rischio del corrispettivo nel trasporto di cose

According to Italian law by a contract of carriage of goods the carrier is not only obliged to convey the goods from one place to another, but he also bears a duty of custody on them. Since there is no express provision concerning the freight risk in case of damages to the goods, either in the Civil code or in the Navigation code, it is open to question whether the carrier is entitled to freight when he delivers the goods in the port of destination but they are damaged or a part of them is lost. An analysis of the few express rules concerning the risk of freight in case of interruption of the transportation shows the nature of the contract of carriage as a type of locatio operis. The interpretation of the contract as such is capable of offering an answer to the question above and completes the allocation of risk of freight giving a rule applicable to the carriage by way of road as well as rail, water and by air.