Poredbeno Pomorsko Pravo (Feb 2018)
The reform of the Italian Yachting Code
Abstract
The purpose of this paper is to address the legislative reform of the recreational boating legislation currently pending in Italy (Law 167/2015, which has delegated the power to reform the Yachting Code to the Italian Government) with a specific focus on the relationship between the Yachting Code and the Navigation Code. The issue will be addressed through an analysis of the history of the relationship between the rules governing recreational boating and the general navigation legislation in Italy. Starting with an analysis of the first few rules of the Navigation Code devoted to recreational boating, which had been regulated together with the forms of operation of the ship for economic purposes, the discussion will then review the contents of Law 50/1971 (s.c. ‘’piccolo codice della nautica da diporto’’), which led to the first division between recreational boating and general navigation legislation. Law 172/2003 – a piece of legislation which was intended to reorganize and boost recreational boating and nautical tourism – will also be mentioned, considering the legislator’s attempt to make the rules governing recreational boating fully autonomous from the general maritime legislation. Law 171/2005 (s.c. ‘’codice della nautica da diporto’’) will then be briefly reviewed, with particular emphasis on the legislator’s choice to recognize that recreational boating rules have a special nature in relation to general navigation legislation, but are not fully autonomous from it. The paper will finally focus on the choice made by the legislator through Law 167/2015 – an act which delegates the Government to reform the Yacting Code – which confirms the approach chosen by the ‘’codice della nautica da diporto’’, and on the consequences of such choice on legal institutions such as the shipowner’s limitation of liability.
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