The contracts of construction of yachts and pleasure craft : An Italian perspective on the most relevant legal issues
The contracts of construction of yachts and pleasure craft : An Italian perspective on the most relevant legal issues
Author(s): Lorenzo Fabro, Filippo CassolaSubject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: yacht - construction;pleasure craft;shipbuilding contract;vessels - classification;vessels - registration;liability;Navigation Code (Italy);
Summary/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’’ (contrattodi 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.
Journal: Poredbeno pomorsko pravo
- Issue Year: 57/2018
- Issue No: 172
- Page Range: 97-112
- Page Count: 16
- Language: English