Sustainable Tourism Law
778 SUSTAINABLE TOURISM LAW accumulation of legal situations that are presented today for the subjects that compose it. 4 II.2. Structure and elements Let’s look at the structure of the airport legal relationship, although, for now, focusing on air transport and the airport service. In spite of its direct connection, its clear and indisputable interdependence, legally, for some time now, air transport 5 (aeronautical law) is a differentiated airport service (airport law). They have different legal DNA. And this expands to the scope of the subjects, and to the other elements of the legal relationship, that is, the object and the form. According to Parada Vazquez, the aeronautical legal relationship is made up of different parts or aspects: the subjective, the objective and the causal. The Spanish professor says: “The subjective element is integrated by the natural or legal persons who acquire the Ownership of rights or obligations arising from the structure and origin of the legal relationship. In this work we will examine the quality of the aeronautical company and the flight personnel, both participate in the aforementioned functional quality. The objective aspect refers to the object or matter of the legal relationship between the power of the active subject and the obligation of the passive subject; we deal specifically with the aircraft, the airport and the air traffic control services, through which air traffic is channeled. The causal or formal aspect is the result of the normative application and is formed by the precept or precepts applicable to the facts, that cause the identification and singularization of the aeronautical legal consequences. We present the sources of the aeronautical legal relationship, which are the sources of aeronautical law; based on which and the purpose of the use of the aircraft the cause of the legal relationship is specified (Articles 1261-3 of the Civil Code). The use of the aircraft can have different purposes, from its military or public use in general, as it happens with the aircraft destined for police or customs purposes, or its diverse use to whichever of those purposes within the various civil dedications, both for aerial work and civil transport” 6 . One can appreciate the absence of the airport in the aeronautical legal relationship. Neither in the subjective element, nor in the causal, nor in the 4 Gonzalez Diego, “Airport Law”, La Ley, Year LXXI n ° 66, Buenos Aires April 4, 2007. 5 We refer here to air transport, but we could understand it to all types of activity that involve the use of an aircraft, whether it is intended for transportation. 6 Parada Vazquez, Jose Daniel “Aeronautical Law”. Madrid. 2000. Page 36 and next.
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