La limitazione della responsabilità per i crediti marittimi dell’armatore: la necessità di un chiarimento normativo

Limitation of liability for maritime claims of the shipowner: need for legislative clarification. The author focuses on the legal regime applicable to the limitation of liability for maritime claims of the shipowner of ships of 300 gross tonnage or more. The author points out that Italy has not deposited the instrument of ratification of the “Convention on Limita-tion of Liability for Maritime Claims “ concluded in London on 19 novembre 1976 as amended by Protocol of 2 maggio 1996. The author also points out that Di-rective 2009/20/EC of the European Parliament and of the Council of 23 aprile 2009 “on the insurance of shipowners for maritime claims”, is applicable “to ships of 300 gross tonnage or more”. Finally the author notes that Italy, in complying with Directive 2009/20/EC with Legislative Decree No. 111 of 20 giugno 2012, has amended article 275 of the Navigation Code which now governs the limitation of liability for maritime claims of the shipowners of ships of ”less than 300 gross tonnage.” A brief review is also made of the insurance regime and the debt limitation of the shipowner of pleasure craft