The company was supposed to bring a transistor owned Germany Phone Number by an electronic components company from Los Angeles, in the United States, to Guarulhos airport (SP). The merchandise was dispatched in perfect condition, however, in Brazil, the cargo was found to be missing. The insurance company compensated the owner for just over R$36,000, in accordance with articles 728 of the Commercial Code and 346 and 934 of the Civil Code. With the intention of receiving the full value of the goods from the airline, the insurer invoked the CDC's incidence and claimed that the carrier's liability is objective, with no limitation on compensation under the Montreal Convention and the Brazilian Aeronautics Code.
Special legislation The ruling decided that damages should be fixed in accordance with the Montreal Convention, taking into account the weight of the goods. It understood that the owner was not the final recipient of the imported product, as it would use it to run its business and subsequently supply it to the market, with the CDC not being applicable, even because the Civil Code established that special legislation and treaties and conventions to the cases of the species. The São Paulo Court of Justice confirmed the sentence, however, examining the case from the perspective of the Civil Code and understanding that the Montreal Convention should only be applied in a subsidiary manner.
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Germany Phone Number
