Review article
https://doi.org/10.21857/mjrl3uxvk9
CONTRACTS USED FOR THE CHARTER OR LEASE OF PLEASURE VESSELS IN PLEASURE NAVIGATION : AN ITALIAN PERSPECTIVE
Elena Orru
orcid.org/0000-0002-1458-4735
; Alma Mater Studiorum – University of Bologna, Bologna, Italia
Abstract
The Italian Navigation Code has transposed the practices developed at international
level, in particular in international contracts for the ‘’locazione’’ and
‘’noleggio’’ of ships, distinguishing between the ship lease, from the one side, and
the charter, from the other. The latter, in particular, consists of voyage charter and
time charter. However, the Italian discipline differs in several respects from the
contract types developed at international level.
As for pleasure vessels, a specific regime lacked until the Law of 11 February
1971, No 50. The great development of this sector (which was previously considered
limited to the use of pleasure vessels only for personal purposes), in particular
of the entrepreneurial use of these vessels, furthered the draft and enactment, in
2005, of the Pleasure Navigation Code (Law of 18 July 2005, No 171), providing
for a more comprehensive regime, however still not covering all the issues and
aspects of pleasure navigation.
The Code provides for a special regime of the contracts for the lease and charter
of pleasure vessels: this article provides a review of the regime of these contracts
provided by the Italian Pleasure Navigation Code, with regard also to its relationship
with the Navigation Code and the Civil Code. The Code’s provisions are
also examined with reference to standard contracts developed at the international
level.
Keywords
charter parties; cruises; demise charter; Italian Navigation Code; Italian Pleasure Navigation Code; pleasure vessels; pleasure navigation; time charter; voyage charter
Hrčak ID:
195364
URI
Publication date:
28.2.2018.
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