Pellerano & Herrera The Pellerano & Herrera Foundation

“A solution to non responsibility clauses in private parking lots through the Civil Law theory: Dominican case”

Published on:

Pellerano & Herrera launched the circulation of a book named “Una solución a las cláusulas de no responsabilidad en los parqueos privados a través de la teoría civilista: el caso dominicano” (“A solution to non responsibility clauses in private parking lots through the Civil Law theory: Dominican case”) by Rafael Américo Moreta Bello. Santo Domingo, Thursday March 29, 2007.- The Asociación Hipólito Herrera Billini “For the Development of the Dominican Juridical Culture” placed for circulation the work “”, by Rafael Américo Moreta Bello framed within a cocktail A solution to non-responsibility clauses in private parking lots through the Civil Law theory: Dominican case celebrated in the Caobas Hall of the Iberoamericana University (UNIBE). Dr. Cristian Alberto Martínez, author of the prologue, presented the book stating that this work is considered to be of great value for the juridical Dominican bibliography, due to the characteristics merged in its contents for some antagonists. “This work, which is considered direct, profound, responsible, and innovative, approaches with a rigid juridical methodology, an existing problematic which to this date was ignored by the national doctrine”. He went on to say that in his book the author sagaciously let out to the difficult task of identifying the juridical nature of the relation which links the owner of the vehicle with the commercial place of business that provides the service with the place of business. In this sense he explained that all the edges that make the parking contract the only contract of its kind, emerge from this reasoning cycle of the work. “The author, who was engaged in his object of study did not find any obstacle in this situation that would prevent him from using the tools of the doctrine and civil law jurisprudence to deduce his most important conclusions through the study of the elaboration and effects of this contract”. He pointed out that the obligations undertaken by each of the parties of the parking contract have been identified in the work. With this well-defined recognition, the author, in a creative and critical manner always based on the civil law, determines the unavoidable and inherent obligations of the contract. In this case there is use and profound exploitation of the substantial and basic obligation concepts of the general economy in the contract and the reason of obligation in order to determine the validity or non-validity of the typical clauses containing exonerations of responsibility on this matter, translated into the daily practices, in an advice and dissuasive notice stating: “we are not responsible for the theft of vehicles left in this parking lot”. “This work is carried out through an unalterable and correct focusing of its problematic, the objectives denounced in the introduction by the author. At first, in a direct manner but without restricting information and useful references, it concretizes in an academic manner the object of the study, in order to break, in a second space, the doctrinal silence on the important theme mentioned and make it accessible to operators and those interested in studying the system” Expressed Martínez. Finally, he affirmed that the work “A Solution to the non-responsibility clauses of the private parking lots through the theory of the civil law: the Dominican case”, has reached its just momentum and surely will precipitate encountered reactions in the doctrine, which in any case will only project the courage of having developed a theme with such difficult variations and profiles. Following, the Dean of the Law Faculty of UNIBE, Lic. José Pérez Gómez commented the work placed in circulation and later its author, Dr. Rafael Américo Moreta expressed his thanks to all those present. The event was attended by entrepreneurs, magistrates, jurists, friends and representatives of the means of communications of the country who were exquisitely entertained at the end.