Review article
https://doi.org/10.21857/moxpjhgnjm
THE CONTRACTS OF CONSTRUCTION OF YACHTS AND PLEASURE CRAFT : AN ITALIAN PERSPECTIVE ON THE MOST RELEVANT LEGAL ISSUES
Lorenzo Fabro
; Berlingieri Maresca – Studio Legale Associato, Roma, Italia
Filippo Cassola
; Berlingieri Maresca – Studio Legale Associato, Roma, Italia
Abstract
The aim of the article is to provide a general overview of the Italian legislation
and practice on the legal topics concerning the contracts of construction of yachts
and pleasure craft, including an analysis of the most commonly adopted contractual
clauses.
After an introduction on the nature of the contract of construction in relation
to the discipline of contracts of sale and contracts ‘’for work and materials’’ (contratto
di appalto), the issues of the transfer of title/property and the registration of
contracts of construction under the provisions of the Italian Navigation Code will
be considered.
Furthermore, the certification under Directive no. 94/25/EC as amended by
Directive no. 2003/44/EC will be described together with an overview of the main
differences compared to the classification of the Registries.
An analysis of the possible causes of dispute between buyers and builders will
complete the article with some comparative remarks regarding the discipline of the
guarantee for defects, the rejection and the termination in the contracts of construction
of yachts and vessels.
Keywords
yacht; construction; work and materials; sale; CE marking; classification; liability; registration; leasing; defects; guarantee; consumer
Hrčak ID:
195367
URI
Publication date:
28.2.2018.
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