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Unit 1. History of Tourism Law - Coggle Diagram
Unit 1. History of Tourism Law
Rome. Gaius and Domat
.
Tourism has been known since ancient times by almost all civilizations. The Egyptians traveled to the coasts of the Mediterranean and Africa.
Alexander the Great
established a democratic government in Ephesus, a region of present-day Turkey in 334a.c.
The ancient Romans were the ones who created regulations for the organization of the tourist activity.
Stabularium, cauputum, receptum nauturum
,
which were cases of civil liability that innkeepers could incur.
In Rome:
Gaius
He noted that there was no deposit contract between the traveler and the innkeeper.
Domat
It deals with the "obligations of hotelkeepers" along with the responsibility of other professionals and places the obligation to keep clothes, horses and other luggage among the effects of the lodging contract. (
pothier
agrees with domat) tourism is a child of speed and democracy.
Gaius
Evolution of tourism and the role of the state
The state intervenes in tourism through law. When this happens is when we say that we speak of an
administrative period of tourism.
In our country there is no tourism law as such. Rather, there is a tourism activity law.
Andre Siegfried
established the three periods of tourism evolution:
artisanal
mechanic
administrative.
The state plays two roles with respect to tourism:
-Protection against the problems and abuses that tourism can cause (consumer rights).
-Putting forward the development that tourism generates in its sectorial area (administrative law).
Concept of Tourism Law
Set of legal relationships, institutions and rules of law that tourism has provoked, inspired and brought into being.
Set of legal institutions and rules for which the tourism motive is decisive, whether because they seek to develop a tourism activity, because they are intended to protect the consumer or tourist or the service providers, or because they are intended to reconcile tourism and public order.
Obligations
The obligations are as follows:
Public order
Facing intermediaries
Direct customers or tourists
Fulfill certain requirements that the tourism activity implies and that are incumbent upon the hotel and tourism professional.
Determine what can and cannot be done within the scope of the tourism activity.
Object and Characteristics of Tourism Law
Its object is tourism activity in a general and particular sense, that is, all legal situations arising from the production, commercialization and consumption of goods and services.
Characteristics of tourism law
A law in the making, it is a recent law, whose existence is due to the tremendous expansion that the phenomenon of tourism has seen throughout the world, fundamentally since the 1950s.
Double meaning, for some it is leisure and freedom, for others it is a business.
Contradictory, it produces conflicts between national, foreign and international laws. For example, tourism has brought with it a revaluation of natural resources, however, it has been established that tourism produces large quantities of polluting waste in the waters of the country..
Heterogeneous, with respect to the various tourism agents or service providers and their suppliers, with respect to their internal and external sources, and with respect to the nature of the set of rules concerning tourism, given the natural resources and the socio-cultural and historical resources it employs.
It seeks its own autonomy, its purpose is the protection of public liberties, public order, if it has social purposes, the economic ones are the predominant ones. This is why tourism law can be qualified as a law of an economic and commercial nature.
Milagros Camacho 8-870-401
