Derecho del Turismo en las Américas

68 DERECHO DEL TURISMO EN LAS AMÉRICAS principles of private law are applied without being adapted and, in particular, without being enriched by any new elements. Thus, while tourism history evolves, tourism economy strengthens, and tourism management takes on professionalism, private law remains tied to general rules that ignore the peculiarities of this phenomenon. The traveller and the tourist are treated in the same way. The public component, which is dominant, determines the birth of what has been called touristic legislation ( Legislazione turistica ). This is a set of laws, statutes, regulations, ordinances and provisions that are sector­ ‑oriented, composed – these without particular coordination – and dictated by the need of the moment or by the discretion of those who draft and issue them. Faint traces of such phenomenon can be found in Ancient Times, as well as through the Middle and Contemporary Ages, and, of course, they can be found nowadays. The Civil Law component was born and imposed itself on the wave of consumer protection. In its evolution, consumer protection brought, in the second half of the last century, the rules to protect the traveller and the tourist – at that point, the touristic legislation, of public nature and the civil law components merged, giving rise to Tourism Law as we know it today. 3. The word tourism is related to the Gran Tour of the ruling class of the ‘700 and ‘800 2 : European ruling class and Latin American ruling class. For example, Simon Bolivar travelled to Madrid, Paris and Rome. As for the nomen , we are, in a certain sense, probably indebted to Bortolo Belotti, who published a hundred years ago, in 1919, his volume Diritto turistico nella legge, nella dottrina e nella giurisprudenza . Diritto turistico – not yet “Tourism Law”. While it possible to identify the evolution and growth of administrative rules and regulations in the field of tourism, so to generate the socalled Legislazione Turistica (touristic legislation), it is difficult and complex to identify the penetration of the tourism component in general civil law. Because that’s what it is. 2 Gran Tour is defined as follows by the Eciclopedia Treccani: “ Giro delle principali città e zone d’interesse artis‑ tico e culturale europee, considerato, nei sec. 18° e 19°, parte essenziale dell’educazione di giovani di buona famiglia. Originariamente effettuato dai giovani dell’aristocrazia britannica, sin dal 17° sec., si estese poi anche ai giovani di altri paesi europei. Meta fondamentale del viaggio era l’Italia, con le sue città d’arte, e specie Roma, con i suoi resti archeologici e le sue collezioni d’arte e antiquariato ”. (Tour of the main cities and areas of European artistic and cultural interest, considered, in the 18 th and 19 th centuries, an essential part of the education of young people from a good family. Originally carried out by the young people of the British aristocracy, since the 17 th century, it also extended to young people from other European countries. The crucial destination of the trip was Italy, with its cities of art, and especially Rome, with its archaeological ruins and its collections of art and antiques).