Sustainable Tourism Law

AIRPORT, CIVIL AVIATION AND TECHNOLOGY LEGAL RELATIONSHIP 787 the aeronautical activity, within which the airport activity is not usually included 28 . The Superior Court of Brazil, in relation to the conflict of application of norms between Montreal 99 and the local legislation defense of the consumer, as: in matter of prescription and moral damages, the past year 2017 ratified the supremacy and application of the International agreement in the cases “Sylvia Regina de Moraes vs. Air France and “Cintia Giardulli vs Air Canada”. Definitely, unless there is a local provision to the contrary, the legal regime for the defense of the consumer has validity and application in the airport legal relationship. It is a regime of the airport service. And like the Civil Liability, it appears as another differentiating element of the aeronautical legal relationship. However, for a while, the progress of the application of the consumer’s right to the air transport relationship has been accelerating legal, doctrinaire and jurisprudential. The Argentine Republic is not the exception. As of the recent sanction of the newCivil and Commercial Code, 29 , there is a growing expectation and debate on that point 30 . IV. THE STATE INSPECTION AGENCIES Obviously, the airport legal relationship does not end in the relations of the airport operator with the air carrier and the passenger. As we have already said, the fiscalization agencies exercise this state control activity and this is part of air travel, and therefore, they are also important subjects of the airport legal relationship. Also, regarding them, the airport law must begin to deepen the scientific studies and analysis of the airport legal relations that are established with them, both the airport operators and the ones audited. 28 Federal Civil and Commercial Court of Appeals. “Marcori Victoria Elsa with Aerolíneas Argentina s / breach of contract”. 28-6-2013. “... the application of the Consumer Protection Law cannot succeed as the plaintiff intends, since there is no doubt that the present proceedings - and for the sole purpose of determining the nature of the action impetrada impetrated and the applicable limitation period - it is a claim based on an event originating in aeronautical activity, which determines the application of the specific limitation period established by law in this matter; that is to say; the art. 228 of the Aeronautical Code ... “. See “Aeronautical Prescription and Consumer Defense Law “, Carlos María Vassallo, www.cedaeonline.com.ar. 29 Law 26.994. 30 Losada, Francisco “Air Transport, Consumer Law and the New Civil and Commercial Code” www.cedae- online.com.ar ; Knobel, Horacio “Air transport, consumer relations and prescription”; www.cedaeonline.com.ar.