Resumen

PILOSO MOREIRA, Verónica  y  SERRANO CANAS, José Manuel. Extracontractual Liability in Multimodal Transport (Legal Approach to Third-Party Liability). ESPACIO ABIERTO [online]. 2025, vol.34, n.2, pp.132-168.  Epub 15-Mayo-2025. ISSN 1315-0006.  https://doi.org/10.5281/zenodo.15110055.

In the context of the debate on the political and economic bases of Latin American integration, this study examines the legal issues of international multimodal transport, focusing on the non-contractual liability of the multimodal transport operator (OTM). It highlights the need to unify and clarify legal regulations due to the diversity and lack of uniformity in current regulations, proposing solutions to improve efficiency, certainty, and equity in this system. The analysis centers on the foundations and assumptions of the MTO's liability, emphasizing the challenges associated with the burden of proof and the absence of a system of strict liability. The qualitative methodology includes an exhaustive analysis of existing literature and relevant international regulations. The results indicate that the lack of regulatory uniformity and variability in current legal frameworks complicate dispute resolution and negatively affect the efficiency of multimodal transport. The MTO's liability, based on the presumption of fault, is insufficient to provide legal certainty, underscoring the need for a system of strict liability. A unified legal framework is proposed, including a system of strict liability, coherent international regulations, clear contractual clauses, a mandatory insurance system, and the creation of an international supervisory body. These measures strengthen the integrity and reliability of international multimodal transport, providing a robust and coherent legal framework that facilitates its efficient and fair operation.

Palabras clave : extracontractual liability; legal certainty; mandatory insurance; multimodal transport; regulatory unification.

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