Esercizio e responsabilità armatoriale fra i principi generali e la riforma del codice della nautica da diporto

LUCA ANCIS

2021-01-01

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Abstract

The Legislative Decree of November 3 of 2017, n. 229, has deeply changed the «pleasure craft code» of 2005. Among other things, the re- form provides the new article 24 bis, which extended some classical institutes of commercial sector to pleasure boating. Now the owner’s declaration is required also for yachting, but above all the shipowner is entitled to limit his liability for damages. The new text of the craft code of 2005 seems to end a long discussion on the opportunity to ex- tend to yachting principles that have developed and spread in commer- cial navigation. This paper analyzes the evolution of the Italian yachting legislative discipline and the best way to make the new art. 24 bis compatible with the general principles governing the shipowner’s activity and his responsibility.