第四章 船 长
第五章 船 员
第三章 运 输
第四百三十八条 时 效
第四百五十四条 卸 货
第六部分 共同海损 分摊
第四百八十一条 时 效
第四百八十七条 时 效
第五百零九条 时 效
履行了通知和移交义务的发现者有权获得所花费用的补偿，并有权获得相当于拾得物三分之一价值的奖金。如果在海上发现，发现者有权获得价值10 000里拉以下的十分之一的奖金和超过价值10 000里拉的二十分之一的奖金。
第五百一十三条 时 效
第九部分 保 险
第五百四十七条 时 效
第五百七十七条 时 效
The Italian Code of Navigation
Book II Ownership and Equipment of a Vessel
Title I Construction of the Vessel
232. Shipyards and construction factories
Vessels and crafts must be built in shipyards and in factories the managers of which are furnished with the prescribed authorization.
Furthermore, vessels and craft destined to inland navigation can be built in shipyards and factories authorized by the Department Inspector, by inclusion in special list kept in accordance with the regulation.
233. Construction declaration
Whoever begins the building of a vessel or craft must make a prior declaration of same with the competent Office of the place in which the building of the hull is begun indicating the shipyard and the factory in which hull and propelling engines are to be built, as well as the names of the managers of the factory.
The Office takes note of the declaration in the register of the vessels under construction.
Likewise, the subsequent changes of the managers of the factory must be notified to the Office and noted in the register.
234. Competent Offices to keep the register of the vessels under construction
The register of vessels and maritime craft under construction is kept by the Department Offices, by those of District and by the other Offices delegated by the Department Master.
The register of vessels and crafts under construction destined to inland navigation is kept by the Harbour Inspector and by other Offices delegated by the Transports-Board.
235. Technical control of the constructions
The technical control on the maritime constructions is exercised by the Italian Naval Register within the limits and in accordance with the formalities established by laws and regulations.
The technical control on the constructions of the vessels of inland navigation is exercised by the Compartment Inspectorship, with the exception of the attributions conferred by special laws and regulations on the Italian Naval Register, and with the exception in every case of the provisions of the following article.
236. Suspension of the construction by order of the Authority
The Board competent to receive the declaration of construction can at any moment order the suspension of the construction, for which no declaration has been made or which results made by a person not furnished with the prescribed qualification or effected by enterprises not authorized as per art. 232, 2nd paragraph.
By providing of the Mercantile Marine Minister it is possible to order the suspension of the construction which at the judgment of the Italian Naval Register or of the Compartment Inspectorship, does not result carried out in accordance with the rules of the good technique or of which the provisions of the regulations are not observed.
237. Form of construction contract
The contract for constructing a vessel, the subsequent changes and revocation must be drawn up in writing under pain of nullity. The provision of the preceding paragraph is not applicable to vessels and craft of tonnage inferior to ten tons, if by mechanical propulsion, or to twenty-five in any other case.
238. Publicity of the construction contract
The construction contract must be published by transcription in the register of vessels under construction.
In default of the above, the vessel shall be prima facie considered built for account of the same constructor.
After the transcription of the contract, the changes and revocation of same, if not transcribed in the above register, have no effect in respect of third parties who for any title whatever have acquired or maintained rights on the vessel under construction.
239. Form of the title, documents to be delivered and execution of the transcription
As regards the form of the title to be transcribed, the provisions of art. 252, first paragraph, is applicable.
Nevertheless, for vessels or craft indicated in art. 237, second paragraph, the inscription is feasible by virtue of a statement of the builder with the signature duly authenticated.
Art. 253, 256 are applicable as regards the documents to be delivered to the Office and the transcription in the register of vessels under construction.
240. Responsibility of the builder
The action of liability against the builder for the differences and latent defects must be instituted within two years from the delivery of the vessel.
The contractor who is summoned by the builder for the payment can always exercise the guarantee, provided that he had protested against the differences or the latent defects within the above term of two years.
241. Provisions applicable to the construction contract
Any point not specifically covered by the present chapter shall be governed by the provisions regulating the building contract.
242. Form and publicity of the acts relating to the ownership of the ships under construction
The acts of constitution, transmission or cancellation of owner- ship or of other real rights on vessels under construction or their carats must be drawn up according to the forms prescribed by art. 249.
In order to produce the effects contemplated by the civil code, the same acts must be rendered public by transcription in the register in which the vessel under construction is matriculated.
The acts and requests for which the civil code prescribes the transcription must be rendered public in the same form.
The transcription is made in the forms and modalities contemplated in art. 252 to 254, 256.
243. Launch of the ship
The constructor cannot launch a vessel without the consent of the orderer or of the majority of the orderers.
The day and hour of the launch, fixed according to said consent, must be previously communicated to the Office with which the vessel under construction is matriculated.
In case of unjustified delay in giving the consent, the above Office can authorize the launch, by request of the party concerned.
244. Matriculation of the vessel after the launch
After the launch, the Authorities requested for the inscription of the vessel or craft in the registers contemplated in art. 146, 148, quote in the said register and also note on the act of nationality, in case-of major vessel, the transcriptions effected in the register of the vessels under construction according to art. 242, 567, paragraph 2.
Title II Ownership of the Vessel
Chapter I Ownership
245. Provisions applicable to the vessels
Unless otherwise provided for, the vessels are governed by the provisions regulating movable properties.
246. Vessel’s accessories
Boats, riggings, tools, fittings and in general everything durably destined to service or ornament of the vessel are accessories of the vessel.
The destination can be effected also by a person not Owner of the vessel or not having real right on same.
247. Regime of accessories belonging to others
The ownership of other persons on the accessory can be opposed against third parties in good faith who have acquired rights on the vessel, only if the said ownership is proved by a deed with previous sure date or by the ship’s inventory.
The cessation of the quality of accessory of a thing, the ownership of which was not proved as above, is not opposable to the third parties who have previously acquired rights on the vessel.
248. Rights of third parties on the accessories
The destination of a thing to service or ornament of the vessel does not prejudice the pre-existent rights on the same thing in favour of third parties.
Nevertheless, the said rights are not opposable to third parties in good faith unless proved by deed having previous sure date or by the ship’s inventory.
249. Form of the acts relating to the ownership of vessel
The acts of constitution, trans- mission or cancellation of ownership or other real rights on vessels or their carats must be drawn up in writing under pain of nullity.
Abroad, said acts must be received by the Consular Authority.
The provisions of the preceding paragraph are not applicable to vessels and craft of gross tonnage not exceeding ten tons, if a mechanical propulsion, and twenty-five tons, in every other case.
250. Publicity of acts relating to the ownership of vessels
In order to produce the effects contemplated by the civil code, the acts of constitution, transmission or cancellation of ownership or of any other real rights on major vessels or their carats must be rendered public by transcription in the register and annotation in the act of nationality.
In case of minor vessels, or craft, or their carats, the publicity is effected by transcription in the registers of matriculation.
In the same forms the other acts and requests, for which the civil code prescribes the transcriptions, must be rendered public.
251. Competent Office to effect the publicity
The publicity is requested to the Matriculation Office of the vessel or craft.
Nevertheless, the publicity can be requested, in case of major vessels, to the Maritime or Consular Office of the port in which the vessel is lying.
At the applicant’s expense, the Office immediately transmits to the inscription Office, for the matriculation, the documents presented.
252. Form of the title for the publicity
The transcription and annotation can be effected only by virtue of one of the titles required by art. 2657 of the civil code.
However, a statement of the buyer is sufficient with authenticated signature for the vessels and crafts indicated in paragraph 2 of art. 249.
253. Documents for the publicity of acts “inter vivos”
Whoever requests the publicity of acts inter vivos must deliver to the competent office the documents prescribed in art. 2659, 2659 of civil code; but in the case contemplated in art. 249 of the present code the statement of sale is sufficient under the preceding article in lieu of the documents required by art. 2658 of civil code.
The note of transcription must contain:
1) name, paternity, nationality, domicile or residence of the parties;
2) the indication of the title of which the publicity is required and its date;
3) the name of the public officer who has drawn up the act and authenticated the signatures or the indication of the judicial Authority who issued the judgment;
4) the elements of individualization of the vessel or craft;
5) the indication under last paragraph of art. 2659 civil code.
254. Documents for the publicity of purchases mortis causa
Whoever requests the publicity of a purchase mortis causa must deliver to the competent office the documents respectively required by art. 2660, 2661, 2662 civil code, for the case contemplated by each of said articles.
The note of transcription must contain the indications under the preceding articles, completed by those requested by art. 2660 civil code.
255. Production of the act of nationality
Besides the documents under art. 253, 254, the applicant must produce the act of nationality for the prescribed authorization, if the application of publicity concerns a major vessel.
However, the Office effects the transcription on the register when the publicity is requested to the Matriculation Office and it is not possible to produce the act of nationality inasmuch as the vessel is out of the port of matriculation. Besides, in this case, the Office passes this information telegraphically, at applicant’s expenses, to the Maritime or Consular Office of the port where the vessel is lying or for which the vessel is bound, in order to effect therein the annotation on the nationality act.
256. Performance of the publicity
The Matriculation Office takes note of the application for the publicity in. a repertory and transcribes the consents of the note in the matriculation register of the vessel or craft, therein mentioning the day and hour in which the request has been presented to the Office or in which the request has been received in the case contemplated in paragraph 2 of art. 251.
In case of major vessel, the essential details of the note of transcription are quoted on the nationality act by the said Authority or, in the cases therein contemplated, by the Authority indicated in the paragraph 2 of art. 251 or in paragraph 2 of art. 255.
One of the copies, accompanied with the documents produced, must be kept in the archives of the Office according to the formalities contemplated by the regulation.
The Office makes mention of the fulfilment of the above formalities on the other copy of the note, which is returned to the applicant.
257. Order of precedence and prevalence of transcriptions
In case of several acts being published according to the preceding articles, the precedence, to the effects contemplated by the civil code, is determined by the date of the transcription in the matriculation register or in the inscription register.
In case of difference between the transcriptions in the register and the annotations in the act of nationality, the notes of the register prevail.
Chapter II Joint-Ownership
258. Shares of Joint-Ownership
The shares of participation in the ownership of a vessel are expressed in carats.
Carats are twenty-four and are divisible in fractions.
259. Deliberations of the majority
The deliberations taken by the majority, by previous convocation of all the carat owners, bind the minority for all that regards the common interest of the joint-owners of the vessel, excepting the provisions of the following articles.
The majority is formed by the vote of the joint-owners having totally more than twelve carats of the vessel.
When the majority is held by a single carat owner, his resolutions bind the minority for the ordinary management, even if taken without the convocation of the other carat owners provided that the latter are informed by registered letter within eight days.
260. Deliberations for innovations or for extraordinary repairs
Deliberations must be taken by the majority of sixteen carats at least for innovation or repairs involving expenses exceeding half of the value of the vessel, ascertained by the Italian Naval Register or by the Department Inspectorship or in any other way agreed upon by all the joint-owners.
The dissentient joint-owners can request the cancellation of the Joint-Ownership, but this does not take place, if the other joint-owners declare that they are prepared to purchase the shares of the dissentients, at a fair price.
261. Lack of majority
When a deliberation cannot be taken owing to lack of formation of the majority prescribed by the previous articles, the Tribunal of the District in which the Office of Matriculation acts, provides by decree according to the common interest, under request of one or more carat owners after the necessary inquiries and hearing of the other joint-owners.
262. Mortgage of the vessel
The deliberation to mortgage the vessel must be taken with a majority of sixteen carats. If the majority does not reach sixteen carats, the mortgage cannot be constituted without the authorization of the Tribunal by decree, after having heard the dissentients.
263. Mortgage of carats
The joint-owner of the vessel cannot mortgage his carats without the consent of the majority.
264. Sale of the vessel
The deliberation, for the sale of the vessel must be taken by full votes.
Nevertheless, the Tribunal can authorize by decree the sale by auction of the vessel, at the request of the joint-owners representing at least half of the carats, after having heard the dissentients.
For serious and urgent reasons, the Tribunal can give the authorization also at the request of the joint-owners representing at least a quarter of the carats, after having heard together the dissentient joint-owners.
Title III Navigation Enterprise
Chapter I Operator
265. Declaration as Operator
Whoever takes upon himself the management of a ship must previously make a declaration as Operator to the Office of matriculation of the vessel or craft.
When the management is not taken over by the Shipowner, the above declaration can be effected by the latter, if the Operator does not provide for same.
When the management is taken over by the joint-owners by the setting up of a steam-ship company, the formalities under articles 279, 282, substitute the declaration as Operator.
266. Declaration as Operator for the vessels destined to inland navigation
For the management of the vessels destined to inland navigation, the annotation, in the registers of matriculation of the vessels, of the act of concession or authorization for the service of carriage or towage substitutes the declaration as Operator.
267. Designation of representative
In making the declaration or in accomplishing the formalities under art. 265, paragraph 3 of art. 266, the Operator who is not domiciled in the place in which the Office of Matriculation of the vessel or craft is situated, must appoint a representative domiciled there with whom he is considered domiciled towards the Authority governing the maritime or inland navigation.
268. Form of the declaration
The declaration of Operator is effected by written act with authenticated signature or by proces verbal; in the latter case the declaration is received by the competent Authority by proces verbal in the forms prescribed by the regulation.
269. Documents to be delivered
When the management is not taken over by the Shipowner, it is necessary to produce, at the time of the declaration, an authenticated copy of the title attributing the use of the vessel.
In the case contemplated by paragraph 2 of art. 377, if the contract has not been drawn up in writing, the declaration must be drawn up by written act with authenticated signature of the Shipowner or of the Operator, or effected verbally with the intervention of both parties.
270. Contents of the declaration as Operator
The declaration of Operator must contain:
a) name, paternity, nationality, domicile or residence of the Operator;
b) the elements of individuation of the vessel.
When the management is taken over by a person different from the Shipowner, the declaration must also contain:
c) name, paternity, nationality, domicile or residence of the Shipowner;
d) the indication of the title attributing the use of the vessel.
271. Publicity of the declaration
The declaration of Operator must be transcribed in the register of matriculation of the vessel or craft, and noted on the act of nationality for the major vessels.
For the annotation on the act of nationality, the paragraph 2 of art. 255 is applicable if the vessel is out of the port of matriculation.
In the case of divergence between the transcriptions in the registers and the annotations in the act of nationality,’ the elements of the register prevail.
272. Presumption of Operator
In default of the declaration as Operator duly rendered public, the Shipowner is presumed as Operator unless contrary evidence is given.
273. Appointment of the Master
The Operator appoints the Master and can at any time exempt him from the command.
274. Responsibility of the Operator
The Operator is responsible for the acts of the crew and for the obligations undertaken by the Master, as regards the vessel and the voyage.
Nevertheless, the Operator is liable for neither the fulfillment on the part; of the Master of the obligations of assistance or salvage contemplated by art. 489, 490 nor the other obligations imposed by law upon the Master as commander of the voyage.
275. Debt limitation of the Shipowner
For the obligations undertaken during and for the necessities of a voyage, and for the obligations arisen, from facts and acts accomplished during the same voyage, excepting those deriving from his personal fraud or grave fault, the Operator can limit the total debt to a sum equal to the value of the vessel and to the amount of the freight and of any other income of the voyage.
On the sum to which the debt of the Shipowner is limited, creditors subject to the limitation concur according to the order of the respective causes of preference, to the exclusion of any other creditor.
276. Valuation of the vessel
To the effects of the determination of the sum-limit, is considered the value of the vessel at the moment in which the limitation is requested and not beyond the end of the voyage, provided that said value, is neither lesser than to one fifth nor greater than two fifths of the value of the vessel at the commencement of the voyage.
If the value of the vessel at the moment of the request of limitation is lesser than the minimum contemplated by the precedent paragraph, is considered the fifth part of the value of the vessel at the beginning of the voyage.
277. Valuation of freight and other incomes
To the effects of the determination of the sum-limit, the gross amount of the hire and of other incomes of the voyage is considered.
Chapter II Operating Company Among Joint-Shipowners
278. Formation of the Company
The Joint-Shipowners can set up among themselves an Operating Comp- any by private deed authenticated of all the owners, or by deliberation of the majority with signature authenticated of the consenting owners.
Unless otherwise agreed upon in the deed of setting up or in an unanimous deliberation, each owner participates in the Company in proportion of his share of interest on the vessel.
279. Publicity of the deed of foundation
The deed of setting up must be published by transcription in the register of matriculation of the vessel or craft, as well as by annotation on the nationality act for the major vessels.
Analogously the subsequent changes and the dissolution of the company must be published.
The publicity must be requested with the Office of Matriculation of the vessel or craft. For the annotation on the nationality act, the paragraph 2 of art. 255 is applicable, if the vessel is out of the port of matriculation.
In case of divergence between the transcriptions in the registers and the annotations in the nationality act, the elements of the register prevail.
280. Documents for the publicity of the deed of foundation
Whoever requests the publicity must deliver to the competent Office authenticated copy of the deed or of the deliberation of setting up, together with a note in duplicate.
The note must contain:
a) name, paternity, nationality, domicile or residence of the Joint- Shipowners;
b) the elements of individualisation of the vessel;
c) date and main clauses of the deed of setting up;
d) name and paternity of the’ manager and the indication of his powers.
In case of deliberation taken by the majority, the note must also indicate names and shares of the dissentient carat owners.
281. Publicity of the deed of setting up
The Office, to which the publicity of the foundation of the Operating Company is requested, carries out the formalities indicated in art. 256.
282. Publicity effected by the manager
When the appointment of the manager is not made public according to the preceding articles, the manager himself must deliver an authenticated copy of the deed of appointment to the Office of matriculation of the vessel or craft, in order that the main details of the deed, together with the powers conferred on him, be transcribed in the register of matriculation and, in case of major vessel, noted in the nationality act.
The manager contemporaneously must request the publicity of the deed if the latter has not been requested according to art. 279.
283. Responsibility of the Joint- Shipowners
For the obligations undertaken for the common management, the Joint-Shipowners are responsible towards third parties in proportion of their respective shares. Nevertheless, the responsibility of the Joint- Shipowners who have not consented to the setting up of the Company, cannot exceed the amount of the respective shares.
The total debt of the Operating Company can be limited according to art. 275 and those following.
284. Consequences of non-publicity
In default of the publicity, prescribed for the setting up, the consentient Joint-Shipowners are jointly responsible.
The subsequent changes and the dissolution of the Company cannot be opposed, before their publication, to third parties, unless it is proved that the latter were aware of such changes.
In default of the publicity prescribed by art. 282, the manager is personally responsible towards third parties for the obligations undertaken for the management of the Company.
285. Division of profits and losses
When it is not otherwise agreed upon in the deed of setting up or in the deliberation’ contemplated in the paragraph 2 of art. 278, profits and losses of the Operating Company are divided among alt the, Joint- Shipowners in proportion of their respective shares.
However, the Joint-Shipowners who have not agreed upon the setting up of the Company, can free them- selves from the contribution to loss by abandonment of their shares.
286. Retiring of the Joint-Shipowners also members of the crew
The Joint-Shipowners who are also members of the crew of the vessel can, in case of leave, retire from the Company and obtain the reimbursement of their shares.
Chapter III Shipping Agent
287. Provisions applicable to the shipping agency contract
Excepting the cases contemplated in art. 290, the provisions of the civil code governing the mandate with representation are applicable to the shipping agency contract.
288. Procedural representation of the Shipping Agent
Within the limits of the representation conferred on him by the Operator or the Carrier, the Shipping Agent can start actions or be summoned in their name.
289. Publicity of the power of attorney
The power of attorney conferred on the Shipping Agent, with authenticated signature of the Principal, the subsequent changes and the revocation must be deposited with the office of the port, in which the Agent has his residence, for the publication in the register kept according to the provisions of the regulation.
The Harbour-Master must inform the Chamber of Commerce regarding the effected publication.
If the said publication is not effected, the representation of the Shipping Agent is presumed general, and the limitations, changes or revocation are not opposable to third parties, unless the principal proves that third parties were aware of same at the time of conclusion of the affair.
290. Other kinds of Shipping Agents
When the Shipping Agent is put at the head of the management of an office of navigation or transport enterprise, the provisions concerning the general managers are applicable.
When the Shipping Agent is permanently entrusted with the conclusion of contracts in a determined zone on behalf of the Operator or Carrier, the provisions concerning the agency contract are applicable.
When the Shipping Agent undertakes the obligation to deal with and conclude business in his own name hut on behalf of the Operator or Carrier, the provisions concerning the mandate without representation are applicable.
291. Publicity of the general shipping- agency contract
When the Shipping Agent is put at the head of an office of a navigation enterprise, the publicity required by art. 289 takes the place of that contemplated by the civil code for the general manager.
Chapter IV Master
292. Command of the vessel
The command of the vessel can only be entrusted with persons furnished with the prescribed qualification.
293. Substitution of the Master during navigation
In case of death, absence or impediment of the Master, the command of the vessel competes to the deck officers, in hierarchic order, and successively to the boatswain, up to the time in which Operator’s instructions arrive or, in default of same, as far as the first port of call, when the Maritime or Inland or Consular Authorities appoint the Master for the necessary time.
For the vessels employed in the public line services in inland navigation, the provisions of special laws and regulations are applicable.
294. Engagement abroad of a foreign Master
In foreign ports, the command of the vessel can be entrusted, after authorization of the Consular Authority, to a foreigner having the qualification corresponding to that of the Master replaced, as far as the port where the substitution with an Italian citizen is possible.
295. Nautical direction, representation and legal powers
The Master has, in exclusive way, the direction of the manoeuvre and navigation.
The Master represents the Operator.
He exercises the powers conferred on him by law in respect of all persons interested in vessel and cargo.
296. Acts of civil state and testaments
The Master of the maritime vessel exercises the functions of civil state officer contemplated by the present code and receives the wills indicated under art. 611 civil code.
297. Duties of the Master before sailing
Besides promoting the visit in the ways contemplated by the present code, the Master must personally ascertain that the vessel is fit for the voyage, and well equipped. He must also ascertain that the vessel is properly loaded and stowed.
298. Command of the ship during navigation
Even when he is obliged to avail himself of a pilot, the Master must personally supervise the manoeuvre of the vessel on entering and leaving the ports, channels, rivers and all circumstances in which the navigation presents particular difficulties.
299. Ship documents and keeping of books
The Master must see to it that during the voyage the prescribed documents concerning vessel, crew, passengers and cargo are on board.
He must also see to it that the ship’s books are regularly kept.
300. Lack of stores and riggings during the navigation
—If during the ship’s navigation stores and any other thing necessary to the regular and safe navigation run short, the Master must take care for their supply by all possible means.
On this end, he must, if necessary, request same to the vessels encountered or otherwise call at the nearest place, even if for this purpose a deviation is necessary. In case of extreme necessity, the Master can employ for the necessities of the vessel the goods carried on board.
301. Reduction of supply rations
If it is not possible to provide for the lack of the ship’s supplies according to the preceding article, the Master must reduce in adequate measure the rations due to the crew and passengers, considering the normal prevision of possible supplies.
302. Measures for the safety of vessel and cargo
If during the voyage events occur putting in danger the vessel, cargo and passengers, the Master must try to assure their safety by all means at his immediate disposal or which he can obtain either by taking refuge in a port or requesting assistance from other vessels.
If for this purpose it is necessary to obtain money, the Master must act according to art. 307.
If it is necessary to sacrifice or damage parts of the vessel or cargo, he must, as far as possible, proceed, commencing from the things of minor value and from these for which the sacrifice is more useful and the preservation less necessary.
303. Abandonment of the vessel in danger
The Master cannot order the abandonment of the vessel in danger if not after having experimented without result all means prescribed by the nautical art for saving same and after having heard the advice of the deck officers or, in default, of at least two of the most experienced crew members.
The Master must be the last to abandon the vessel seeing to it that, as far as possible, the ship’s papers and books, as well as the articles of value committed to his custody, are saved.
304. Report of extraordinary events
If during the voyage extraordinary events have taken place regarding the vessel, cargo and persons on board, the Master must make a written report with the local competent Authority within twenty-four hours after arrival.
305. Unloading prior verification of the report
Prior to the verification of the report foreseen in the preceding article according to art. 384, the Master cannot commence the discharge, except in case of urgency.
306. Limits of Master’s representation
In every case, the Master can provide for the daily provisions for supplies of small entity and for slight repairs and for the usual preservation of the vessel.
Out of the places in which the Operator or his Agent furnished with necessary powers are present, the Master can carry out the necessary acts for the vessel and the voyage; he can likewise appoint and dismiss crew members.
The presence or the Operator or his Agent furnished with the necessary powers is opposable to third parties only when they were aware of it; nevertheless, the Operator’s presence in the place of his domicile and the presence of his Agent in the place for which the powers duly published were conferred on him, are prima facie evidence of the knowledge of the parties concerned.
307. Necessity of funds during the voyage
The Master must immediately inform the Operator of the necessity, arising during the voyage, of funds for supplies, repairs or other urgent exigency of the vessel or for the continuation of the voyage.
When this is not possible, or if the Operator duly informed has neither furnished means nor given suitable instructions, the Master, after ascertainment of the necessity of providing for same, can be authorized by the local competent Authorities to borrow the necessary amounts or to undertake obligations towards those supplying stores, materials, or riggings, or to pawn or sell stores, riggings or fittings of the vessel not necessary for the safe navigation.
In the same cases the Master can make himself authorized by the above Authority to pawn or sell the goods loaded, after having ascertained the necessity of providing and after having given timely notice, if possible, to the shippers and receivers concerned. Nevertheless, the latter can make opposition to the sale or pawning of their goods, unloading same at their own expenses and paying the relative freight, in proportion of the part of the voyage already covered, if all avail themselves of the above option, or otherwise the whole freight.
When the necessity to proceed to the pawning or sale of the cargo is caused by exigencies foreseen in the first paragraph of the preceding article, the Master is obliged to give notice and to request the authorization, only if he is compelled to pawn or sell the cargo.
308. Indemnity to Owners of cargo or pertinencies
When the goods on board are employed or sold by the Master for the necessities of the vessel, the Operator must reimburse to their owners the value which the goods would have had at the time of arrival at the place of destination.
Nevertheless, if prior to the arrival at the place of destination of the goods employed or sold the vessel is lost for causes not imputable to the Operator, the latter is obliged to pay to the owner only the value of the goods at the time of employment or the proceeds of the sale.
When, for the same necessities, pertinencies of others are sold, the Operator is obliged to pay to the owners the proceeds of the same or their major value at the time of the sale on condition that the vessel is not lost for causes not imputable to the Operator.
When the above mentioned pertinencies or goods are pawned by the Master, the Operator is bound to reimburse to their owners the necessary amount in order to redeem and transport same to destination. If, however, it is not possible to redeem same for causes not imputable to their owners, the Operator is bound to pay the value of the pertinencies at the time of the pawing or the value which the goods would have had at the time of the arrival at the place of destination.
In case of loss of the ship, contemplated in the preceding paragraph, the Operator is bound to pay only an amount equal to that in guarantee of which the pertinencies or the goods have been pawned.
309. Judicial powers of the Master
Out of the places in which the Operator or one of his Agents furnished with necessary powers are present, the Master can, in case of urgency, notify acts or start or continue judicial proceedings in the name and interest of the Operator as regards the vessel and voyage.
Out of the above mentioned places, third parties can, likewise, notify acts to the Master personally, or against the latter start or continue judicial proceedings, regarding facts of the crew relative to the vessel and voyage or obligations undertaken by the Master during the voyage.
The Operator’s presence or that of one of his Agents can be opposed to third parties only in cases contemplated in paragraph 3 of art. 306.
The Operator can resume the summons served by the Master or on him, and besides he can bring oppositions against the judgments issued in the proceedings against the Master.
310. Faculty of procuring funds in case of refusal of the Joint-Shipowners
If any of the Joint-Shipowners who agreed to the setting up of the Operating Company, refuses to contribute to the necessary expenses for the voyage, the Master can, after twenty-four hours from the intimation to the joint-owner and following the authorization of local competent Authority, borrow on behalf of the same joint owner the amount due by the latter, with guarantee on his quota share in the ownership of the vessel.
311. Sale of the vessel in case of unseaworthiness
The Master cannot sell the vessel without shipowner’s special power of attorney. Nevertheless, in case of extreme urgency during the voyage, the local competent Authority can authorize the Master to sell the vessel of which he had ascertained the absolute unseaworthiness, prescribing the condition of sale.
312. Management of the interests of the owners of the cargo
When necessary and consistent with the exigencies of the common adventure, the Master must protect the interests of the owners of the cargo.
If, in order to avoid or reduce damages, special measures are necessary, the Master must, if possible, inform the owners of the cargo or their local representatives, if any, known to him, and abide by their instructions; in default of which, he must act according to his criteria in the best possible manner.
313. Master’s responsibility in case of pilotage
In case of pilotage, the Master is responsible for damages caused to the vessel from a wrong manoeuvre, unless he can prove that the error has been caused from incorrect indications or information given by the pilot.
314. Proces verbal
Causes and extent of the providings adopted by the Master according to articles 300-302, as well as the necessity of providing according to the second, third and fourth paragraph of art. 307, must be ascertained, as soon as possible, by a proces verbal signed by the deck officers or, in default, by the principal crew members. In case of refusal of any of them to sign same, the proces verbal must indicate the reasons of the said refusal.
Copy of the proces verbal, signed by the Master, must be attached to the report of extraordinary events at the time of the presentation of said report before the competent Authority.
315. Competent Authority
The Authority competent to grant the authorizations contemplated in this chapter and to receive the report under art. 304, is, in Italy, the President of the Tribunal, and, out of the commune in which the Tribunal exists, the praetor, abroad, the Consul or he who takes his place.
Chapter V Crew
316. Formation of the crew
The crew of the maritime vessel is constituted by the Master, Officers and all other persons engaged for the service of the vessel. The crew of the vessel for the inland navigation is constituted by the Master, Officers and all other persons inscribed in the registers of the navigation personnel embarked for the service of the vessel.
Besides, the pilot makes part of the crew during the period in which he is on duty on board.
317. Composition and minimum number of the crew
The Harbour Master provides for the application of the laws regarding the minimum number of the deck and engine-room officers and relative grades as well as for the composition and the minimum number of the entire crew.
The rules governing the composition and the minimum number of the crews of the vessels of the inland navigation are established by the Transport Minister.
318. Nationality of the crew members
The crew of the national vessels equipped in the Italian ports must be entirely formed by Italian citizens.
In the event of particular necessities, the Minister of the Mercantile Marine can authorize that foreigners form part of the lower personnel in a measure not exceeding the third part of the entire crew.
319. Engagement of foreign personnel abroad
In the foreign ports of the maritime or inland navigation in which seamen or navigation personnel of Italian nationality are not available, foreigners can be engaged in a measure not exceeding a fourth part of the entire crew and only for the time necessary for the voyage to be made.
In the event of special exigencies the Consular Authority can authorize the engagement of foreigners in a measure exceeding that indicated in the preceding paragraph.
320. Engine service
Minors under eighteen years of age cannot be employed in the engine service.
321. Hierarchy on board of maritime ships
The hierarchy of the members of the maritime crew is the following:
2) chief engineer, second mate, chief purser, doctor on board director of the sanitary service;
3) first deck officer, first engineer, chaplain, first assistant doctor, first purser;
4) second deck officer, second engineer, second assistant physician, second purser, first radio officer;
5) the other officers;
6) boatswain, chief fireman;
7) the other sub-officers;
8) the lower personnel.
The pilot is considered as a first officer during the period in which he is on duty on board.
322. Hierarchy on board of the vessels of the inland navigation
The hierarchy of the crew members of the vessels employed in the inland navigation is the following:
2) engineer, motorist;
3) chief helmsman;
5) lower personnel.
The pilot is equalized to the chief helmsman during the period in which he is on duty on board.
Title IV Labour Contract
Chapter I Formation of the Contract
323. Medical inspection
All members inscribed in the crew lists, destined to form part of the crew, must, in the events and with the modalities prescribed by laws and regulations, undergo a medical visit in order to ascertain their ability in connection with the service to which they are destined.
324. Capacity of minors below eighteen years of age
All minors below eighteen years of age, inscribed to the crew lists can, with the consent of the person exercising paternal authority or protection, lend their work, stipulate the relative contracts and exercise the rights and actions arising from same.
The revocation of the consent to the inscription in the lists on the part of the person exercising the paternal authority or protection, involves the cessation of the capacity of the minor to stipulate the contracts of engagement, but does not deprive him of the capacity to exercise rights and actions arising from the contracts previously stipulated, or of the capacity to give his work in compliance with the contract until the completion of the voyage in course.
325. Various types of labour contracts
The contract of engagement can be stipulated:
a) for a single or several voyages;
b) for a determined time;
c) for an undetermined time.
The wages due to the seamen, can be established:
a) in a fixed sum for the entire voyage;
b) in a fixed sum per month or other period of time;
c) in participation to freight and other proceeds of the voyage, with the fixed guaranteed minimum;
d) part in fixed periodic sum and part in sharing of freight and other proceeds.
With regard to the contract of engagement, the voyage includes all the crossings between the loading port and the last port of destination, besides the eventual crossing in ballast to reach the loading port.
326. Duration of the contract for a determined time and of that for several voyages
The contract for a determined time and that for several voyages cannot be stipulated for a duration exceeding one year; they are considered at undetermined time, if stipulated for a longer duration.
The contract of engagement is governed by the rules concerning the contract at undetermined time in the event that the seaman uninterruptedly works with the same Shipowner for a time exceeding one year by virtue of several contracts per voyage or of several contracts at undetermined time or of several contracts of other type.
With regard to the preceding paragraph, the work is considered uninterrupted if a period inferior to sixty days elapses between the cessation of a contract and the stipulation of the successive contract.
327. Engagement for a determined vessel or for several vessels of the same Shipowner
The contract of engagement has as object the work on board a determined vessel, by express agreement of the contract of engagement.
Nevertheless the seaman can, by express agreement of the employment contract, take upon himself to work on an undetermined vessel among those belonging to the Shipowner or on more than one of those successively.
328. Form of the contract
Excepting the contents of the subsequent articles, the engagement contract must be drawn up, under pain of nullity, by public deed received by the Maritime Authority in Italy and, abroad, by the Consular Authority.
The contract must be, likewise under pain of nullity, recorded in the crew list or in the license.
Prior the signature, the contract must be read and explained to the seaman; this formality must be recorded in the contract itself.
329. Stipulation of the contract in a. foreign country where Consular Authorities do not exist
If the engagement is effected abroad, in a place where no Consular Authorities exist, the contract must be, under pain of nullity, stipulated in writing, in the presence of two- witnesses, who sign same. The contract is kept among the ship documents.
330. Derogation of the preceding provisions
The engagement contract for the minor vessels of gross tonnage not exceeding five tons can be effected verbally.
The rules for the record in the license of (he above contracts are established in the regulation.
331. Engagement of the Master in a place where the Shipowner does not exist
The Shipowner can engage the Master also by statement made with the Harbour Master or with the Consular Authority of the place where he finds himself, and containing the indications prescribed in the following article.
The said Authority telegraphically transmits, at Shipowner’s expenses, the indications of the statement to the Maritime or Consular Authority of the port where is lying the vessel on which the Master must embark.
The contract of engagement becomes perfect by the declaration of acceptance made by the Master with the Authority of the loading port.
332. Contents of the contract
The contract of engagement must indicate:
l) the name or the number of the vessel on which the seaman must work and the clause contemplated in the second paragraph of art. 327;
2) the name, paternity of the seaman, year of birth, domicile, the board of matriculation and the number of list;
3) the qualification and functions of the enlisted seaman;
4) the voyage or voyages to be effected and the day in which the seaman must assume service, if the engagement is per voyage; the commencement and the duration of the contract, if the engagement is at determined time; the commencement of the contract, if the engagement is at undetermined time;
5) the form and entity of the wages;
6) the place and date of the conclusion of the contract;
7) the indication of the collective contract, if any.
The contract is governed by the rules concerning the contract at undetermined time if by same or by the record on the crew list or on the license, the engagement does not result as stipulated per voyage or at determined time.
Chapter II Effects of the Contract
333. Register on board for the publicity of the provisions concerning the labour contract
In every national vessel, and in a place accessible to the crew, an album must be kept, in which the rules of law and regulation are affixed concerning the engagement, the collective contracts of engagement, the regulation of service and every other provision of which the Authority prescribes the affixing.
334. Service on board
The crew members are not obliged to render a service different from that one for which they have been engaged.
Nevertheless, the Master, in the interest of the navigation, has the option of temporarily destining the crew members to a service different from that one for which they have been engaged, provided that it is not inadequate to their professional title and rank. In case of necessity for the security of the voyage, the seamen can be destined to any service whatsoever.
The crew members exercising functions different from those for which they have been engaged, are entitled to the major wages due for these functions.
335. Abusive loading of goods
The Master and the other crew members cannot load on the merchant ship goods for their own account, without the written consent of the Shipowner or of one of his representatives.
The enrolled person who disregards the prohibition of the preceding paragraph is obligated to pay twice the freight current in the place and on the date of the loading for the same voyage and for goods of the same kind of that abusively loaded, without prejudice of the compensation of damages.
336. Treatment of ill or wounded seaman
The seaman, who on board falls ill or is injured, continues to collect his wages and has the right to sanitary assistance at the expense of the vessel.
If the seaman has intentionally caused to himself the illness or the injury or if he has fallen ill or was injured for his great fault while he was on land without authorization, the Shipowner is likewise obliged to provide him with sanitary assistance, but he has the right to claim the expenses from the seaman.
In the case contemplated in the preceding paragraph, the crew member has no right to his wages for the whole time during which he is unable to work.
If the seaman must be disembarked owing to his conditions of health or if he is disembarked for other reasons before his recovery, the provisions of articles 356, 365 are applicable.
337. Sharing of the seaman to indemnities due to the Shipowner
If the retribution is determined in participation to freight and to other proceeds of the voyage, in case of loss of freight or of other proceeds for which the Shipowner receives a sum as indemnity of insurance or compensation, of damages, ‘the seaman has the right to a part of this sum, in the proportion fixed in the contract.
338. Increase of retribution in case of prolongation of the voyage
If the retribution is determined per voyage, it is proportionally increased if the voyage is prolonged more than the greatest duration foreseen at the moment of the stipulation of the contract; but if the further duration depends on a cause not imputable to the Shipowner, the proportional increase is reduced to a third.
The reward is not subjected to reduction if the vessel effects a voyage shorter than that foreseen in the contract.
339. Indemnity for reduction of rations of victuals
If the reduction of rations of victuals, foreseen in art. 301, depends on a cause not imputable to the Shipowner, the latter must pay the equivalent in cash to the crew member.
If the reduction depends on a cause imputable to him, the Shipowner is also obliged to the compensation of damages.
Chapter III Cessation and Annulment of the Contract
340. Cessation of the contract per voyage for completion of the voyage
The engagement contract stipulated for a single or for several voyages ceases with the completion of the voyage or of the last of the voyages foreseen in the contract.
341. Cessation of the contract for determinate time for expiry of the date
The engagement contract for determinate time automatically ceases at the expiry of the date established in the contract.
However, if the date expires during the voyage, the contract is prolonged as far as the port of last destination.
If the said port is out of Italy and the vessel must begin another voyage directly for an Italian port, the seaman is obliged to prolong his service on board, but after the period determinated in the uses, he has the right to an increase in wages within the limits established by the above contracts or uses, until he lands in the port of engagement.
If the vessel begins another voyage for a port out of Italy or not directly for an Italian port, and the seaman agrees to remain on board, the engagement is prolonged on the conditions established in the contract, but the seaman has the right to an increase of wages according to the preceding paragraph.
342. Cessation of the contract at indeterminate time for the wilt of one of the parties
The engagement contract for indeterminate time ceases for the will of the Shipowner or of the seaman, provided that notice is given within the dates established by the uses.
343. Cases of automatic annulment of the contract
The engagement contract is automatically annulled:
1) in case of total loss or of absolute unseaworthiness of the vessel or of unseaworthiness for a period of time superior to sixty days, caused by shipwreck or by other sea peril, as well as in the case of prey;
2) in case of loss of the nationality of the vessel;
3) in case of sale by auction of the vessel;
4) in case of death of the seaman;
5) when the seaman, for illness or wounds, must be landed and cannot retake his place at the departure of the vessel from a port of call;
6) when the seaman is taken prisoner on board or when taking part to an adventure on sea or land for service of the vessel;
7) in case of cancellation from the lists, suspension or interdiction from the professional tides or from the maritime profession of the seaman;
8) in case of revocation, on the part of the person exercising paternal authority or protection, of the consent to the inscription in the lists of the minor under eighteen years of age;
9) when the seaman must be disembarked by order of the Authority;
10) when the seaman, in the cases not foreseen in the preceding paragraph, does not assume service on board within the time fixed, prior to the departure of the vessel from the port of engagement or from a port of call.
344. Presumption of loss of vessel
When, for lack of news, the vessel is presumed lost, the engagement contract is considered resolved in respect of the presumptive heirs of the seaman and in respect of the other successors.
345. Option of resolution of the contract on the part of the Shipowner
At any time and place the Shipowner can resolve the contract of engagement, without prejudice to the rights of the seaman.
346. Landing of the seaman for bad treatment
At the request of the seaman, the Maritime or Consular Authority can order the immediate landing if the Master has committed against him abuses of power or has tolerated such abuses on the part of other persons, or if he has not supplied him, without justification, with the necessary victuals due to him or with the sanitary assistance to which he is entitled.
In this case, the contract is considered annulled for the fault of the Shipowner.
347. Change of the Shipowner
The case foreseen in art. 343 n. 2 excepted, in the event of change of the Shipowner, the new Shipowner succeeds the previous one in all the rights and obligations arising out of the engagement contracts of the crew members but the latter can request the annulment of the contract at the arrival of the vessel at a national port.
348. Date of the cessation or of the annulment of the contract
In the cases foreseen in art. 340 to 343, n. 8, 345, 347, the contract of engagement ceases or is annulled after the completion of mooring, and unloading operations of the vessel in the port in which the seaman must be disembarked.
In the case foreseen in art. 345, n. 2 the engagement contract is annulled from the date of the order of the sale by auction, according to art. 655; or, in the case of expropriation abroad, from the date of the order of sale.
In the case foreseen in art. 344, the contract is considered annulled on the day in which the vessel is presumed lost.
349. Wages due to the. seaman in case of annulment of the contract
In every case of annulment of the contract:
1) the wage, if established at time, is due to the seaman until the day of the annulment;
2) if the wage is established per voyage or in the form of sharing of profit or freight, the seaman has the right to a part of the amount agreed upon or to the part of the quota or minimum guaranteed, proportioned to the duration of the service effected, in relation to the maximum duration of the voyage, which could be foreseen at the time of the stipulation of the contract.
If the wage is established in the form of participation to the profit and freight, in case of annulment of the contract for one of the causes foreseen in art. 343, n. 2, 3, 4, 5 e 6 as well as in art. 345, 346, the seaman has the right to the whole quota due to him by virtue of the contract.
350. Maintenance on board after the cessation or the resolution of the contract
The crew members have the right to be maintained on board also after the cessation or annulment of the employment contract, until they are fully satisfied of the amounts due to them by virtue of this contract.
Besides, in this case the seamen have the right to the payment of the agreed wage for all the period during which they remain on board.
The Master can obtain from the Maritime or Consular Authority the authorization to the landing of the seaman, paying to the latter the sum not contested and effecting, for the remaining part, a deposit as guarantee with the same Authority, for the entity and according to the modalities determined by the same.
Chapter IV Rights Deriving from the Cessation or Annulment of the Contract
351. Indemnity in case of cessation of the contract at indeterminate time for Shipowner’s will
In case of cessation of the employment contract at indeterminate time following the Owner’s will, the seaman has the right to an indemnity equal to the number of days of wage determined by the uses, for each year or fraction of year of service effected.
In respect of the application of the preceding paragraph, the periods of infirmity must be calculated for which the seaman had right to the treatment foreseen in art. 356.
352. Indemnity in case of resolution of the contract at indeterminate time
In case of resolution of an engagement at indeterminate time, the seaman is entitled to an indemnity up to the extent fixed in the preceding article, unless the resolution derives from a fact imputable to the seaman himself.
353. Indemnity in case of resolution of the contract for the loss or the absolute unseaworthiness of the ship
In the case of resolution of the contract provided for in n. 1 of art. 343, the seamen who were paid per period nr per voyage in accordance with the contract, are entitled, for the period of unemployment for causes not imputable to them, to a daily indemnity equal to the wage, within the limits of time established by special laws.
In case of loss of clothes or tools pertaining to the seamen owing to ship-wreck, accident or prey, the said seamen are entitled to an indemnity corresponding to the value of the lost clothes or tools.
354. Indemnity in case of presumed loss
If the contract of engagement is considered resolved according to art. 3:44, the following indemnities are due:
1) in case of retribution per period, an indemnity equal to half of the retribution for the presumable remaining duration, of the voyage from the day successive to; that of the last news, and in every case not less than two monthly wages;
2) in the case of retribution per voyage, an indemnity equal to the difference between the part of the retribution due on the date of resolution of the contract and half of the whole retribution, if the vessel is presumed lost in the outward voyage, and the whole retribution, if the vessel is presumed lost in the return voyage.
The indemnity is assigned to the persons entitled to the indemnities in case of death of the insured person, according to the provisions on the insurances against labour accidents.
In default of the said assignees, the indemnity is devolved to the National Fund for the Maritime Providence.
355. Indemnity in case of death of the seaman
In case of resolution of the contract owing to death of the seaman, if same is dead for the safety of the ship, an indemnity is due in every case, irrespective of the indemnity provided for in art. 352, equal to the presumable remaining duration of the voyage at the date of death.
In connection with the attribution of the indemnity, second and third paragraphs of the preceding article are applicable.
356. Emoluments due after the dissolution of the contract to the sick or wounded seaman
Out of the cases in which the special laws render compulsory the insurance of the crew against sicknesses, when the contract is resolved due to the fact that the seaman had to be landed in consequence of illness or wounds, or could not resume service after the landing in a port of call, the Shipowner is obliged to provide at his own charge to the cure of the ill seaman, on the condition that the cases, provided for in the second paragraph of art. 336, do not occur. The Shipowner is also obliged to pay to the ill seaman a daily indemnity equal to the retribution, for the whole period of the cure, but not beyond four months from the date of the resolution of the contract.
If the sickness or the injuries depend upon causes of service, the limit of time provided for in the preceding article is raised to six months.
The provisions of the two preceding paragraphs are applicable also to sicknesses depending upon causes of service, if same are manifested within twenty eight days after the cessation or resolution of the contract.
357. Indemnity in case of capture of the seaman
In case of cancellation of the contract owing to the capture of the seaman, irrespective of the indemnity foreseen in art. 352, an indemnity is due equal to the whole wage for the presumable remaining duration of the voyage, subsequent to the date of the capture.
358. Indemnity in case of cancellation of the contract for will of the Shipowner
If the Shipowner cancels the con- tract at indeterminate period without notice in accordance with art. 345, he is obliged to pay, besides the indemnity foreseen in art. 352, another indemnity equal to the days of the notice according to art. 342.
In the case foreseen in the preceding paragraph, if the notice is given for a period of less than that determined according to art. 342, an indemnity is due equal to the days of notice not given.
If the Shipowner cancels the contract at voyage before its fulfilment, or the contract at determinate time before its expiry, in accordance with art. 345, the seaman has the right to:
1) an indemnity equal to 45 days of wages, if the cancellation takes place in the port of enlistment before sailing, or an indemnity equal to the whole wages if the presumable duration of the voyage or the time for which the contract has been stipulated is inferior to 45 days;
2) an indemnity equal to the wages due for the presumable duration of the voyage or for the duration of the contract, if the cancellation takes place after sailing.
359. Cases of exclusion to the right of indemnity
The indemnities foreseen in the preceding article are not due if the cancellation occurs:
1) due to fault of the seaman;
2) due to interdiction of commerce with the port of destination, arrest of the vessel or other cause not imputable to the Shipowner, which renders impossible the inception or the prosecution of the voyage;
3) owing to a vessel being laid up for lack of traffic, for a period not inferior to 15 days, or for lying up for the reclassification of the vessel or for repairs for a duration not inferior to 30 days. In the event that the Shipowner is entitled to receive an indemnity for the interdiction of commerce with the port of destination or for the arrest of the vessel, the seamen have the right to the indemnities foreseen in the preceding article, hut the amount of the indemnities paid to the whole crew cannot exceed the third part of the indemnity collected by the Shipowner.
360. Indemnity in case of loss of nationality of the vessel or of disembarkation of the seaman due to bad treatment
In the cases foreseen in art. 343 n. 2 and 346, apart from the indemnity established in art. 352, the seaman has also the right to the indemnity established in art. 358, excepting, in case of the application of art. 346, the indemnification of damages caused to the seaman by the fact of the Master or by the cancellation of the contract.
361. Determination of the indemnities foreseen in the preceding articles
When, in accordance with the provisions of this chapter, an indemnity is adequate to the wages established in the contract, the basic wage, victuals and the accessory indemnities of fixed and continuative character are understood included in the wages.
If the retribution is fixed per voyage, or per participation to the profit or to the freight, the indemnity is determined on the basis of the sum fixed in the contract, or of the quota which would have belonged to the seaman in relation with the duration of the voyage which could be expected at the date of the stipulation of the contract itself.
362. Starting-point of the indemnities foreseen in the preceding articles
When the provisions of this chapter attribute to the seaman the right to a daily indemnity for a determined period subsequent to the cessation or resolution of the contract, in the event that the seaman has the right to repatriation, the indemnities run from the day subsequent to that in which the repatriation has been effected.
When the resolution of the contract is determined by one of the causes indicated in art. 343, n. 1 and from the fact were caused illnesses or injuries for which the seaman is entitled to the treatment foreseen in art. 356; the indemnity of art. 353 runs from the day in which the above treatment ceases.
Chapter V Repatriation of the Seaman
363. Obligation of repatriation
If the contract ceases in a place different from the port of enlistment, the Shipowner is obliged to repatriate the seaman.
If the cancellation took place for fault of the seaman, or for illness or injuries, the Shipowner can request from the seaman the reimbursement of the expenses sustained for his repatriation.
If the Shipowner does not provide, the repatriation is effected by the Maritime or Consular Authorities. The Maritime Authorities issue an injunction against the Shipowner for the reimbursement of the expenses sustained by the State.
364. Contents of the obligation of repatriation
The obligation of repatriation includes the expenses necessary for the voyage, lodging and maintenance till the arrival at destination, as well as a daily indemnity determined according to art. 361.
In case of shipwreck, the Shipowner is obliged to furnish the crew members with the necessary clothings.
365. Repatriation of the sick or wounded seaman
If the seaman is disembarked for illness or injuries, and unless it is otherwise established in particular laws, the Master must deposit with the Maritime or Consular Authorities the indemnity due to the seaman according to the second paragraph of the preceding article, as well as the amount necessary for the treatment and repatriation.
In foreign countries in which Consular Authorities do not exist, the Master must provide for an asylum for the seaman in a place of medical assistance, depositing with the Institute or the person entrusted with the assistance the sums indicated in the preceding paragraph.
If the repatriation must take place before the complete recovery of the seaman, the prescriptions of the attending doctor must be followed; if the voyage must be effected by sea, same must be carried out by a vessel furnished with sanitary assistance, if the medical prescription require it.
366. Place of repatriation
The repatriation of the seaman is effected by his return to the port of enlistment. Nevertheless, if the seaman requests it, and there is no increase of expenses, the repatriation must be effected by the return to another locality indicated by him.
367. Repatriation by embarcation on another ship
The repatriation can be effected procuring to the seaman a convenient employment on another vessel which goes to the place of repatriation or to a near locality. In this last case the Shipowner must sustain the expenses of prosecution of the voyage as far as the place of repatriation.
If the retribution collected by the seaman on board the vessel on which he is embarked is inferior to the indemnity due to him according to the second paragraph of art. 364, the Shipowner is obliged to pay the difference.
368. Repatriation of foreigners embarked on Italian vessels
The provisions of this chapter are applicable to foreigners embarked on Italian vessels, provided their States assure equal treatment to Italian citizens enlisted on vessels under their flag.
Chapter VI Various Provisions
369. Cession, seizure or pawning of seaman’s credits towards the Shipowner
The wages and indemnities of ‘the seaman can be ceded, seized or pawned up to one fifth of their amount and exclusively for alimony due by law or for sure, liquid and collectable debts towards the Shipowner, depending from the service of the ship.
The part of the wages corresponding with the victuals and the sums due by the Shipowner for the repatriation of the seaman, or for treatment expenses, as well as those due by the Insurance Company in accordance with the special laws, cannot be transferred, seized or distrained, not even within the limits established by the preceding paragraph.
The seaman can request the Shipowner, at the time of embarkation, to pay a part of the wages to persons of his family.
If the Shipowner or the Master rejects the request provided for in the preceding paragraph, the divergence is resolved, with order not subjected to opposition, by the Maritime or Consular Authorities of the place where the vessel is lying.
370. Prohibition of pawning and seizing of clothes and instruments
Apart from the things which, according to the civil procedure code and special laws, are not subjected to seizure or pawning, the following articles cannot be seized or pawned under no tide:
1) the clothes of the seamen, necessary for service on board;
2) the instruments and other objects belonging to the seamen destined to the exercise of the profession.
371. Exercise of rights due to the heirs and others having right in case of presumed loss of the vessel
The rights competent to the presumptive heirs of the seamen and’ to the others having rights in the event that the vessel, for lack of news, is considered lost, can be exercised only after the cancellation of the vessel from the register of inscription.
372. Consequences of the call or recall to military service
The consequences on the contract of the call or recall to arms of the seaman and the treatment due in such cases to the seaman, are determined by special laws, and, in default, by the uses.
The rights deriving from the enlistment contract expire within two years from the day of debarkation at the port of enlistment subsequent to the cessation or cancellation of the contract. In the event of several contracts at determined time or per voyage which, in accordance with art. 326, are regulated by the rules on the contract at undetermined period, the date begins from the day of debarkation at the port of enlistment subsequent to the cessation or to the cancellation of the last contract.
The prescription of the rights of the seaman’s heirs in case of loss of the vessel commences from the date of the cancellation of same from the register of inscription.
374. Derogability of the rules
The provisions of articles 323, 324, 325, 328 and 334; 336 1st and 2nd paragraph; 346, 347, 363 to 371, cannot be derogated by the enlistment contract.
The provisions of the articles 326; 336 3rd paragraph; 337 to 345; to 362 cannot be derogated from the individual contract, unless in favour of the seaman.
375. Labour contract of the navigating personnel of inland navigation
The provisions of art. 323, 328, 330, 331, 333, 343 n. 5, 369 3rd paragraph, cannot be applied to the labour contract of the navigating personnel employed in the inland navigation.
The service in accordance with 3rd paragraph of art. 326 is considered uninterrupted when between the cessation of a contract and the stipulation of a subsequent contract, a period elapses not superior to thirty days.
The contract must, under pain of nullity, be drawn up in writing, with the exception for the vessels of major tonnage not exceeding twenty-five tons. The contract is kept with the ship’s documents.
The cancellation of the contract in case of change of Shipowner can, in accordance with art. 347, be requested at the arrival at the port of enlistment or in any case at the end of thirty days.
The wages, the other rights and indemnities provided for in the articles 336 to 339, 349 to 368 are regulated by the collective contracts or, in lack of same, by uses.
The rules of the preceding paragraphs are also applicable to the labour contract of the personnel of public line or towage services, unless otherwise established by special laws and regulations.
Title V Charter and Carriage
Chapter I Hire
376. Hire of ship
Ship is hired when one of the parties binds itself to leave to the other party the possession of the ship for a certain period against a fixed rent.
377. Form of the contract
The contract of hire must be proved in writing. However, the written proof is not requested for the hire of minor ships or boats of gross tonnage not superior to ten tons, if by mechanical propulsion, or to twenty-five tons, in any other case.
378. Subhire and cession of the contract
The Hirer can neither sublet the ship nor cede the rights arising from the contract unless authorized by the Owner.
The form of subhire and cession contracts is regulated by the provisions of the preceding article.
379. Obligations of the Owner
The Lessor is bound to deliver the ship, with her pertinencies, in a condition of navigability and provided with the documents necessary for the navigation, as well as to effect all repairs caused by force majeure or by wear for the normal use of the ship in accordance with the employment agreed upon.
380. Owner’s responsibility
The Owner is responsible for damages deriving from defect of navigability, unless he proves that same derived from a latent defect not ascertainable by the normal diligence.
381. Hirer’s obligations
The Hirer is obliged to employ the ship according to the technical characteristics, resulting from the certificate of seaworthiness and according to the employment agreed upon.
382. Expiration of the contract
Unless Owner’s express consent is obtained, the contract is not considered renewed, although the Hirer continues to keep the possession of the ship after the expiry of the period agreed upon.
In the event of delayed re-delivery due to the Hirer for a period not exceeding the tenth part of the duration of the contract, the Owner has no right to liquidation of damages but he is entitled to a compensation in a double measure of that agreed upon in the contract.
The actions deriving from the hire contract are time-barred within one year from the expiry of the contract, or, in the event provided for in the preceding article, from the date of the redelivery of the ship.
In the event of presumed loss of the ship, the limitation time begins from the date of the cancellation of the ship from the register of inscription, that of art. 1594 civil code: the assignment cession is not lawful unless expressly authorized by the Owner.
If the Hirer in fact assigns his interest or lets the ship to someone else, the Hirer will not himself be sailing the ship and will not therefore be considered her Operator. In such a case the assignee or subhirer will be the Operator, if he in fact employs the ship in navigation.
All actions deriving from a contract of hire become statute-barred after one year from the expiration of the contract. The starting point is the date of actual redelivery of the ship, in the event of delay. In the case of presumed loss of the ship, prescription begins to run from the date of cancellation of the ship from the register of shipping.
Chapter II Affreightment
The affreightment is the contract by which the Operator, against the freight agreed upon, binds himself to carry out by a determined ship one or several voyages already fixed, or, within the agreed period of time, the voyages ordered by the Charterer on the conditions established by the contract or by the uses.
385. Form of the contract
The contract of affreightment must be proved in writing.
The deed must show:
1) the elements of individualization, nationality and tonnage of the ship;
2) the name of the Operator and Charterer;
3) the name of the Master;
4) the duration of the contract or the indication of the voyages to be carried out.
The written proof is not requested if the affreightment regards minor ships of gross tonnage not superior to twenty-five tons, if by sail, or to ten tons, if by mechanical propulsion.
386. Operator’s obligations
The Operator is obliged, prior to sailing, to put the ship in a condition of seaworthiness for the fulfilment of the voyage, to equip her and to provide the necessary documents.
The Operator is liable for damages deriving from defect of navigability, unless he proves that they derive from a latent defect not discoverable by due diligence.
387. Charterer’s obligations
In the time-charter, the Charterer must supply bunker, water and lubricants necessary for the working of the engines and of the subsidiary plants on board, as well as he must bear the expenses inherent to the commercial employment of the vessel, including those of anchorage, canal and similar.
388. Execution of the voyages in the time-charter
In the time charter, the Operator is not obliged to commence a voyage putting the ship or the persons in a danger which was not possible to foresee at the time of the conclusion of the contract.
Likewise, he is not obliged to commence a voyage the probable duration of which notably surpasses the expiry of the contract, in connection with the duration of same.
389. Excess of duration of the voyage
If in consequence of facts due to the Charterer, the duration of the last voyage exceeds the expiry of the contract, the Owner has no right to liquidation of damages but he is entitled to a freight in double measure of that agreed upon in the contract.
390. Payment of the time-freight
The freight is payable monthly, in advance, excepting contrary agreement or custom.
However the freight prepaid is not earned in any event unless otherwise agreed upon.
391. Temporary impediment
The time-freight is not due for the period during which the utilization of the ship was impossible owing to causes not imputable to the Charterer.
Nevertheless, the freight is due - net from the expenses spared by the Operator for the non-utilization of the ship in case of refuge due to sea-storm, or accident to the cargo, or order of national or foreign Authorities, during the time of the impediment, excepting the period in which the vessel is under repairs.
392. Loss of the ship
If the ship is lost, the time-hire is due until the whole day in which the loss occurred.
393. Responsibility for commercial operations
The Master must follow, within the limits established by the charter- party, the instructions of the Charterer regarding the commercial employment of the ship and issue the bills of lading on the conditions requested by the latter.
The Operator is not responsible to the Charterer for the obligations undertaken by the Master in consequence of the above said operations, and for the commercial faults of the Master and of the crew in consequence of the said operations.
394. Sub-charter and cession of the contract
In case of sub-charter or of total or partial cession of the rights deriving from the contract, the Charterer remains responsible towards the Shipowner for the obligations undertaken in the charter-party.
The rights deriving from the charter-party become time barred within one year.
In case of time charter, the period of one year commences from the expiry of the contract or from the end of the last voyage if the voyage is prolonged according to art. 389; in case of voyage charter, from the end of the voyage.
When the voyage has not been commenced or completed, the period commences from the day in which the event took place which rendered impossible the execution of the contract or the continuation of the voyage.
In the event of presumed loss of the ship, the limitation of time begins from the date of the cancellation of the ship from the register of enlistment.
Chapter III Carriage
Section I Transport of persons
396. Form of the contract
The passengers’ transport contract must be proved in writing, excepting the case of transport on ships of gross tonnage not superior to ten tons, if by mechanical propulsion, or to twenty-five tons, in any other case.
Nevertheless, the passage ticket issued by the Carrier is evidence of the conclusion of the contract for the voyage indicated in the ticket.
397. Indication of the passage ticket
The passage ticket must indicate the place and date of issue, the place of sailing and destination, the class and the price, the Carrier’s name and his domicile.
398. Cession of the right of passage
The right of passage cannot be transferred without the express consent of the Carrier, if the ticket indicates the passenger’s name or if the passenger, whose name is not indicated, has commenced the voyage.
399. Embarkment without ticket
Who embarks without a ticket must give immediate notice to the Master or to the Purser. In default, he is obliged to pay double of the fare as far as the port for which he is bound or in which he is disembarked, without prejudice, in any case, to the indemnification of damages.
400. Impediment of the passenger
If, prior to sailing, a passenger dies or is impeded to voyage for cause not imputable to him, the contract becomes null and void and a quarter of the price is due, calculated free of victuals, if these were included in the price.
If the event regards one of the relatives or of the persons belonging to the family, who had to voyage together, each one of the passengers can request the cancellation of the contract on the same conditions.
In the events provided for in the preceding paragraphs, the passenger must give the Carrier notice of the impediment before sailing; in default, the whole net price of the passage is due.
401. Non leaving of the passenger
The passenger, who does not present himself on board within the fixed time, must pay the price, calculated free of victuals.
Nevertheless, the price is not due if, with the Carrier’s consent, the right to the passage is transferred to others in consequence of the passenger’s request, but in such a case a commission is due to the Carrier in the measure not superior to ten percent.
402. Impediment of the ship
If the sailing of the vessel is impeded for cause not imputable to the Carrier, the contract is cancelled and the Carrier must return the fare paid to him.
403. Cancellation of sailing and change of itinerary
The contract is annulled if the Carrier cancels the sailing of the vessel and the voyage cannot be effected by another vessel of the same Carrier, which subsequently sails.
When other vessels of the same Carrier subsequently sail, the passenger has the option of effecting the voyage on one of these vessels, if possible, or of canceling the contract.
Likewise, the Passenger can request the cancellation of the contract, if the Carrier changes the itinerary in such a way to prejudice his interests.
In the cases indicated in the two preceding paragraphs, the passenger has the right to the indemnification of the damages. Nevertheless, if the suppression or the change are caused by a justified reason, the indemnification cannot exceed the double of the net price of the passage.
404. Delay in sailing
If the sailing is delayed, the Passenger has, during the period of the delay, the right to lodging and victuals if included in the passage price.
If the voyages are of a duration shorter than twenty-four hours, the passenger can request the cancellation of the contract after a delay of twelve hours.
If the voyage is superior to twenty-four hours, the passenger can request the cancellation of the contract after a delay of twenty-four hours in the voyages between Mediterranean ports or after fourty-eight hours in the voyages beginning or finishing outside Europe or Mediterranean countries.
If the Passenger does not avail himself of this option, he has no right to lodging and board from the expiration of the above indicated periods.
If the delay in the sailing is imputable to the Carrier, the Passenger has also the right to the indemnification of damages.
405. Interruption of the ship’s voyage
If the ship’s voyage is interrupted for cause of force majeure, the price of passage is due in proportion to the distance usefully covered.
Nevertheless, the Carrier has the right to the entire price, if, in reasonable time, provides at his expenses to the Passenger the prosecution of the voyage on a vessel of similar characteristics furnishing him in the meantime lodging and board, if the latter was included in the fare.
406. Interruption of the Passenger’s voyage
If the Passenger is compelled to interrupt the voyage for cause not imputable to him, the passage price is due in proportion to the distance usefully covered.
If the voyage is interrupted due to Passenger’s fact, he must also pay net fare for the remainder of the voyage.
407. Embarkation and debarkation operations
In the ports of call where the service of embarkation and debarkation is lacking, the relative operations are carried out by the Carrier at the Passenger’s expense, if their amount is not included in the fare.
408. Carrier’s responsibility for unfulfilment of the carriage or for delay
The Carrier is liable for the damages deriving to the passenger from delay or from unfulfilment of the carriage, if he does not prove that the event is due to a cause not imputable to him.
409. Carrier’s responsibility for damages to persons
The Carrier is liable for the accidents hurting the person of the Passenger, deriving from facts which happened from the beginning of the embarkation up to completion of the debarkation, unless he proves that the event is derived from cause not imputable to him.
410. Carriage of unregistered luggage
In the passage fare, the price includes the carriage of the Passenger’s luggage, within the limits of the weight and volume fixed by the Carrier or observed as per custom.
The baggage must contain exclusively personal effects of the Passenger. If in the luggage objects of another nature are included, the Passenger owes the double of the price of tariff for the carriage of the same objects, besides the indemnification of damages.
411. Carriage of registered baggage
For the baggage exceeding the limits provided for in the preceding article, the Carrier is bound, at the Passenger’s request, to fill, in duplicate copy, a note indicating the place an date of issue, the place of sailing and that of destination, his own name and domicile, the number and weight of the packages, the value stated, if any, and the freight.
A copy of the note signed by the Carrier is delivered to the Passenger.
412. Carrier’s responsibility for the baggage
Within the maximum limit of Lire three hundred per kilogram or of the major figure resulting from the statement of value, the Carrier is liable for the loss or damages of the baggage, which has been delivered to him closed, unless he proves that loss or damages are derived from causes not imputable to him.
The loss or damages must be ascertained at the time of delivery, if same are apparent, or within three days, if they are not apparent; in default of this, all rights to claim are lost.
For the baggage and things not delivered to the Carrier, the latter is not liable for the loss or damages, unless the Passenger proves that same have been determined by cause imputable to the Carrier.
413. Carrier’s responsibility in case of free passage
The provisions of the preceding articles concerning the Carrier’s responsibility and the limits of the indemnity also apply to the free passage contract.
414. Carrier’s responsibility in case of a friendly passage
Whoever undertakes the transport of persons or luggage on friendly title is liable only when the person damaged proves that the damage derives from fraud or gross fault of the Carrier or his dependants and managers.
415. Derogability of the provisions
The articles 409, 412, 413, 414 cannot be derogated in favour of the Carrier.
416. Legal fawn on the luggage
The Carrier has the right of pawn on the luggage for the credits towards the Passenger deriving from the passage contract. When the Passenger fulfills his obligations, the Carrier is bound to deliver the luggage in the place agreed upon in the contract.
417. Luggage not withdrawn
The Carrier can deposit in a suitable place the luggage not withdrawn, giving notice of same to the Passenger.
The rights deriving from the carriage contract of persons or luggage not registered are time barred within six months from the Passenger’s arrival at destination or, in case of non arrival, from the day in which the passenger should have arrived.
The rights deriving from the carriage contract of registered luggage are prescribed within one year from the redelivery of the luggage or, in case of loss, from the day in which it should have been redelivered.
In the transports commencing or ending out of Europe or of the countries of the Mediterranean, the prescription of the rights mentioned in the preceding paragraph is of one year.
Section II Carriage of goods in general
419. Carriage of goods
The carriage of goods can have as object a total or partial cargo or single articles, and can be effected on determinated or indeterminated ship.
420. Form of the contract
The carriage contract of goods must be proved in writing, unless the carriage must be effected on minor ships of gross tonnage non superior to ten tons, if by mechanical propulsion, or to twenty-five tons in all other cases.
421. Carrier’s obligations at the commencement of the voyage
Prior to commencement of the voyage the Carrier must use due diligence in order that the ship is prepared in condition of navigability and suitably manned and equipped. He must also take care to see that the holds, refrigerating rooms and the other parts of the ship destined to the loading are in good condition for the reception, maintenance and carriage of the goods.
422. Carrier’s responsibility
The Carrier is liable for the loss or damages of the goods carried from the moment of the delivery until the moment of the redelivery, as well as for the damages for delay, unless he proves that the cause of the loss, damages or delay was not caused, entirely or partly, by his fault or by commercial fault of his dependents or managers.
The consignee must, on the contrary, prove that the cause of the loss, damages or delay was due to the fault of the Carrier or to the commercial fault of his dependents or managers, when the damage was caused by latent vice, or by unseaworthiness of the ship not deriving from the unfulfilment of the obligations provided for in the preceding article, by nautical fault of the Carrier’s agents or servants, by accidents or perils of sea, fire not caused by Carrier’s fault, piracy, acts of war, civil riots and revolutions, orders of authorities having rights or otherwise, even for sanitary purposes, Judicial seizures, strikes and lockouts, general or partial impediments to work, acts or attempts of assistance or salvage or deviation of the voyage for this purpose, bad stowage, vice of the goods, wastage in volume or in weight, insufficiency of packings, insufficiency or imperfection of the marks, acts or omissions in general of the Shipper or of his servants or managers.
423. Limit of indemnification
The indemnification due by the Carrier cannot, for each unit of cargo, exceed lire five thousand or the major figure corresponding to the value stated by the Shipper prior to loading.
The value stated by the Shipper before the loading is prima facie evidence of the actual value of the goods carried; but the Carrier, if he proves that the statement is inexact, is not liable for the loss or the damages of the goods carried or for the delay, unless it is proved that the inexactness was not knowingly committed.
424. Derogability of the provisions covering the responsibility
The provisions of articles 422, 423 can be always derogated in favour of the Shipper. They can be derogated also in favour of the Carrier as regards the period of time prior to loading and that subsequent to the unloading; and also for the period between the loading and unloading in connection with the carriages of goods loaded on deck and of live animals, in connection with national carriages of goods of any kind, as well as with regard to the damages from delay.
Towards the third parties, the efficacy of the derogating clauses is subordinated to their insertion in the receipt for shipment or in the bill of lading.
The above provisions can finally be derogated when a bill of lading or other negotiable documents not issued are also out of the hypotheses and limits provided for in the preceding paragraph.
425. Packings and marks
On the goods delivered to the Carrier, or on their packings, the Shipper must place marks of countersign in a manner that same normally remain visible until the end of the voyage.
The Shipper is liable towards the Carrier for damages caused to him by imperfect placement of the marks.
426. Delivery of hills of entry
At time of loading of the goods, and, in any case, before the vessel’s sailing, the Shipper is bound to deliver to the Carrier the bills of entry.
The Shipper is liable to the Carrier for damages caused to him by the non delivery.
The Carrier is not bound to verify whether the documents are complete and their indication correct.
427. Impediment before sailing
If the sailing of the ship is prevented due to force majeure, the contract is cancelled. If for the same cause, the sailing is very much delayed, the contract can be cancelled.
If the cancellation takes place after the loading, the Shipper is bound to pay the unloading expenses.
428. Temporary impediment
If the ship’s sailing or the prosecution of the voyage is temporarily prevented for cause not imputable to the Carrier, the contract remains in force.
During the impediment, the Shipper can discharge the goods at his expense, but he is obliged to reload same or to indemnify damages. If the impediment occurs during the voyage, the Shipper is bound to give guarantee for the fulfilment of the above said obligations.
429. Interruption of the voyage
If, after sailing, the Master is compelled to make repairs due to force majeure, the contract remains in force and the Shipper is not entitled to a reduction of freight.
If the vessel cannot be repaired or an excessive time is necessary or if the voyage is interrupted or excessively delayed, for other causes of force majeure, the freight is due in proportion to the part of voyage usefully covered, provided that the Master has done everything possible in order to effect the forwarding of the goods to destination by another ship, for Shipper’s account.
430. Impediment at arrival
If the call is prevented or excessively delayed due to force majeure, the Master, if he has not received orders or the orders received cannot be carried out, must provide in the best possible way in the interest of the ship and cargo, calling at another near port or returning to the port of departure.
431. Goods not declared or falsely indicated
The Master can unload in the port of loading the goods not declared or falsely indicated by the Shipper, or can request the freight at the highest current rate in the port of loading for goods of similar nature, besides the indemnification of damages.
432. Shipper’s withdrawal before sailing
Before the sailing of the ship, the Shipper can withdraw himself from the contract, paying half freight agreed upon as well as the expenses sustained for loading and unloading, if these expenses are not included in the freight, and demurrage incurred.
Nevertheless, the Shipper can free himself, wholly or in part, from such an obligation, by proving that the Carrier has suffered no damage or a minor damage.
433. Shipper’s withdrawal during the voyage
The Shipper can, during the voyage, withdraw the goods delivered, by paying the entire freight and reimbursing to the Carrier the extraordinary expenses incurred for unloading.
The Master is not bound to the unloading, when this involves excessive delay or modification of the route or call in an intermediate port not contemplated by the contract or by custom.
If the goods are withdrawn for cause imputable to the Carrier, the latter is liable for expenses and damages.
434. Incomplete loading
If the Shipper delivers a minor quantity of goods than that agreed upon, he must pay the entire freight deducting the expenses saved by the Carrier for the missed loading, if these are included in the freight.
The Master can load other goods, provided that the Shipper consents if the contract covers a complete cargo.
In every case, the Shipper takes profit of the freight paid for the goods completing the cargo up to the extent of the freight due by him.
The same provisions apply when the carriage contract has been stipulated for a voyage there and back and the Shipper does not load goods for the return voyage.
435. Loss and damages to the goods
Loss and averages suffered during the carriage by the goods carried must be notified by the Receiver, in a written reservation or in contradictory to the Master or the Carrier’s Agent, at the time of their removal, if loss or averages are apparent, or within three days from the re-delivery, if same are not apparent.
In default of the written reservation or of the ascertainment in contradictory, the goods are presumed re-delivered by the Carrier in accordance with the indications contained in the transport document.
436. Non arrival of goods
If the goods did not arrive at destination, the freight must be paid, when the non arrival is due to fact of the Shipper or to the nature of the goods, if this was not known to the Carrier or Master, deducting the freight collected by the Carrier for the goods loaded in substitution of those lost.
437. Deposit or sale of the goods
In case of non payment of the freight, the Master can obtain the authorization from the judicial Authority of the place of unloading to deposit or, if necessary, to sell so a part of the goods loaded sufficient to cover freight and demurrage, unless the Receiver deposits an amount equivalent to the Carrier’s credits.
The rights deriving from the carriage contract of goods are time barred within six months from the redelivery of the goods and, in case of total loss, from the day in which ‘the goods should have arrived at destination or, in the transports of determined goods, from the day indicated in art. 456.
In the carriages beginning or finishing out of Europe or of the countries wetted by the Mediterranean, the prescription is of one year.
Section III Carriage of total or partial cargo
439. Applicable rules
The general provisions governing the carriage of goods are applied each time - an obligation is under- taken to redeliver at destination a total or partial cargo on a determined ship.
440. Spaces not utilizable for loading
The inward spaces of the ship normally not utilizable for the loading are not destined for transportation excepting Carrier’s express consent, unless reasons of security of navigation prevent same.
441. Place of anchorage or mooring
If the contract does not specify the place of anchorage or mooring, the Shipper can request that the ship be brought to the place chosen by him, unless otherwise ordered by the Harbour Master, provided that the entrance there, the stoppage and departure are possible without danger.
If the Shipper does not choose in due time such a place, the ship is brought alongside the usual place. In the event that this is not possible, the Master chooses another place, taking into consideration the Shipper’s interest.
442. Delivery and re-delivery of the goods
In default of any contrary agreement, port regulations or local custom, the Carrier receives and redelivers the goods alongside under ship’s tackle.
443. Incorrect declaration of the ship’s capacity
The Carrier who has declared a higher or a lower capacity of the vessel than the actual one, is responsible for damages, provided that the difference exceeds one twentieth part.
444. Commencement and duration of the lay-days
Excepting the case of contrary agreement, port regulations or local custom, the lay-days for loading and unloading commence from the time in which the vessel is ready for loading or unloading and the Shipper or the Consignee has received the notice of readiness.
In default of agreement, regulation or custom, the duration of the lay-days must be fixed by the Harbour Master, taking into account the available means in the place of loading and unloading, the structure of the vessel and the nature of the cargo; the above duration must be notified in due time to the Shipper or Consignee.
445. Calculation of lay-days
The duration of lay-days is computed by working days. Holidays according to law and local custom are not calculated as working days.
The period of the lay days ‘is suspended in the days in which loading and unloading operations are prevented by reason beyond the control of the Shipper or Consignee.
446. Commencement and duration of demurrage
If the lay-days expire without the loading or unloading having been finished for cause imputable to the Shipper or Consignee, demurrage is due.
In default of contrary agreement, regulation or local custom, the period of demurrage is of so many running days as those of working lay-days.
447. Suppression of the loading demurrage
If the loading lay days expire without having been loaded, for cause imputable to the Shipper, a quantity sufficient to guarantee the Carrier’s credits, the Master is not bound to await the expiration of the demurrage unless a congruous guarantee is given to him.
448. Calculation of the demurrage
The reward for demurrage is calculated in consecutive hours and days and must be paid day by day.
In default of contrary agreement, the above compensation is fixed in proportion of the ship’s dead weight, according to custom.
Nevertheless, for the period during which the loading or unloading operations are hindered by cause not imputable to the Shipper or Consignee, instead of the reward for demurrage, a reward in proportion of the freight is due.
449. Extraordinary demurrage
After the expiration of the demurrage for loading, the Master has the option of sailing without awaiting the loading or its completion, on condition that notice is given at least twenty-four hours prior to sailing; in this case freight and reward for demurrage are due.
If the Master does not avail himself of this option, for the further delay, agreed upon with the Shipper, a compensation of demurrage is due increased by half, provided that no other agreement, regulation or custom exists.
After the expiration of the demurrage for unloading without completion of the latter, a reward for extraordinary demurrage is due for the duration and in the measure above indicated excepting the option of the Master of unloading the goods according to art. 450.
450. Deposit of the cargo
If the Consignee is untraceable or refuses to accept the cargo, or several Consignees present themselves, or if opposition is made for the delivery, the Carrier must immediately ask the Shipper for instructions. The latter can dispose of the cargo according to art. 166 civil code, but the Carrier has the option to deposit or to sell the goods in the cases foreseen by art. 1690 of the same code.
If the Consignee, after having acquired the rights arising from the contract, delays to withdraw the cargo or if a dispute arises with regard to the carrying out of the delivery, the Carrier can deposit the goods with a third person according to art. 1514 civil code.
In case of goods subject to rapid deterioration, the Carrier can sell same for account of the Consignee according to art. 1515 civil code, by giving notice to the Consignee.
Section IV Carriage of specific goods
451. Possible substitution of the vessel
If the transport has as object determined goods, the Carrier has the option, in default of express prohibition, to substitute the designated vessel by another vessel of the same class, fit to carry out the transport without delay.
452. Loading of goods
The Shipper must present the goods for loading in the customary time, as soon as the ship is ready to receive the cargo, and the loading must be effected by the Carrier within the customary terms.
After the expiration of the term for the delivery of the goods, the Master has the option of sailing without awaiting the cargo and the Shipper must pay the entire freight.
453. Withdrawal of the Shipper before sailing
After the loading of the goods, the Shipper can avail himself of the faculty foreseen in art. 432, only when he declares to withdraw from the contract within the customary term for the sailing of the ship, and the unloading does not delay the sailing.
454. Unloading of the goods
When the ship is ready to unload, if the Consignee is untraceable or refuses to receive the cargo, the Carrier has the option to deliver the goods to an Unloading Enterprise duly authorized, who becomes responsible towards the Consignee as depository of the goods. The Carrier, who avails himself of this faculty, must give notice to the Consignee, if known, or to the person indicated in the Bill of Lading.
When the Consignee is present and the unloading is effected through an Unloading Enterprise for the exigencies of the discharge, the relative expenses are for account of the Carrier.
When several Consignees present themselves or if opposition to the redelivery is made, art. 450 applies.
455. Non collection of freight and charges
The Carrier who delivers the goods to the Consignee without collecting his own credits or charges or without requesting the deposit of the amount in dispute, is responsible towards the Shipper for the amount of the charges due to him and cannot claim from the Shipper the payment of his credits.
456. Non arrival
Excepting contrary agreement or custom, in the case of non arrival of the goods, the Consignee can exercise the right arising from the contract only from the day in which the loss has been recognized by the Carrier, or otherwise, after seven days from the term in which the roods should have arrived at destination.
Section V Receipt for shipment and bill of lading
457. Loading declaration
The Shipper presents to the Carrier a loading declaration, in which the nature, quality and quantity of the goods to be loaded are indicated, as well as the number of packages and their marks.
The Shipper is responsible to- wards the Carrier for damages deriving to him from omissions or incorrectnesses in the indications contained in the declaration of loading.
458. Documents released by the Carrier at the engagement of the transport, at the delivery and at the loading of the goods
After the engagement of the transport, the Carrier or, in his place, the Agent, is obliged to deliver to the Shipper an order of loading for the goods to be transported; or, at the delivery of the goods, a receipt for shipment, if so agreed upon.
After the loading, and within twenty-four hours from same, the Master is obliged to deliver to the Shipper a board note for the goods loaded, unless he delivers to him directly the bill of lading in the Carrier’s name.
In the event that the Master has not done so, the Carrier or, in his place, the Agent is obliged to deliver the bill of loading against the vessel’s receipt, or to mention the effected loading, with the indications under the items g) of art. 460, on the bill for loading previously delivered.
459. Evidence of the delivery to the Carrier and of the loading of the goods
The bill for loading is evidence of the effected delivery of the goods to the Carrier; the vessel’s receipt and the bill of ‘lading are evidence of the effected loading.
460. Indications of the receipt for shipment and the bill of lading
The receipt for shipment must be dated and signed by the person releasing same and must indicate:
a) the Carrier’s name and domicile;
b) the Shipper’s name and domicile;
c) the place of destination, and, when the bill of lading is nominative, the Consignee’s name and domicile;
d) the nature, quality and quantity of the goods to be transported, as well as of the number of the packages and their marks;.
e) the apparent condition of the goods arid packings;
f) the place and date of delivery;
The bill of loading, likewise dated and signed by the person issuing same, besides the indications prescribed for the receipt for shipment, must indicate:
g) the name or number, Office of inscription and nationality of the ship.
461. Date of delivery and date of loading
If in the bill of lading the date of delivery is not indicated, same is presumed the date of loading of the goods, unless otherwise proved.
If in the receipt for shipment the date of delivery is not indicated or if the date of loading is not indicated in the bill of lading, the date of issuance of the bill of lading is presumed as the date, respectively, of the delivery or loading.
462. Nature, quality and quantity of the goods
The Carrier, or the Agent or the Master, who issues the receipt for shipment or the bill of lading, has the option to insert his remarks in same, when he cannot carry out, wholly or in part, a normal verification of the indications furnished by the Shipper regarding the nature, quality and quantity of the goods as well as with regard to the number of packages and marks.
In default of remarks, the nature, quality and quantity, as well as the number and marks or the packages delivered to the Carrier or loaded, are presumed in conformity with the indications of the bill of lading, unless otherwise proved.
463. Originals of the bill of lading and of the receipt for shipment
The receipt for shipment and the bill of lading are issued in two originals.
The original kept by the Carrier is signed by the Shipper or by one of his representatives, is not negotiable, and contains the indication of non- negotiability.
The original delivered to the Shipper is signed by the Carrier, or by the Agent, or by the Master who issues the bill of lading and confers on the holder, entitled in accordance with art. 467, the right to the delivery of the goods thereby specified, the possession of same and the right to make use of them by disposal of the title.
464. Form and transfer of the original bill of lading delivered to the Shipper
The original bill of lading or the original receipt for shipment delivered to the Shipper can be at the holder, to the order or nominative.
The transfer of this original is effected in the ways and with the effects foreseen by the civil code for the credit titles at the holder, to the order or nominative.
However, for the issuance and transfer of the nominative bill of lading, the annotation is not requested in the register of the issuing party, foreseen in art. 2022 and following of the civil code.
465. Duplicates of the bills
Duplicates o£ the bill of lading and of the receipt for shipment delivered to the Shipper may be issued on demand of the person having right to dispose of the title.
The duplicates do not attribute the rights indicated in art. 463, second paragraph.
The duplicates are not negotiable, must contain express mention of the non-negotiability and each must be numbered in accordance with the issuance.
466. Delivery orders
The Carrier, or in his stead the Agent, when this has been agreed upon in the carriage contract, are obliged to issue, on demand of the person having the right to dispose of the goods by disposal of the title, delivery orders on the Master or on the Agent relative to single lots of the goods covered by the receipt for shipment or by the bill of lading.
In this event, the Carrier or his Agent are obliged, at the time of issue of the delivery-orders, to take note of same on the negotiable original of the bill of lading, with the indication of nature, quality and quantity of the goods specified in each delivery-order, and with his own signature and that of the applicant. They are also obliged to withdraw the negotiable original of the bill of lading when entire cargo covered by the bill of lading is divided amongst various delivery-orders.
The delivery-orders issued in accordance with the preceding paragraph attribute the rights indicated in the third paragraph of art. 463; they can be at the holder, to the order or nominative.
The provisions on the issuance and negotiation of the bill of lading are applicable to the mentioned delivery orders.
467. Legitimacy of the holder of the representative titles of the goods
The holder of the negotiable original of the bill of lading or of the receipt for shipment is entitled to the exercise of the right mentioned in the title, on the basis of presentation of same, or of an uninterrupted succession of endorsements or in consequence of the heading in his favour if the tide is, respectively, to the holder, to order or nominative.
Chapter VI Contracts of Utilization in the Inland Navigation
468. Applicable provisions
—The provisions of this title are applicable to the contracts of utilization of the vessels employed in the inland navigation, unless otherwise provided for in special uses.
Title VI Contribution to General Averages
469. General averages
Expenses and damages directly caused by measures reasonably taken, according to art. 302, by the Master, or by others in his stead, for the safety of the common maritime adventure, are general averages and are shared amongst all the concerns to the adventure, whenever the damage voluntarily caused be not the same which would have necessarily happened according to the natural course of events.
470. Formation of the mass of creditors
Each of the damaged parties participates to the formation of the mass of creditors, and contributes to the distribution up to the extent of the damages actually sustained by his properties as direct consequence of the measure taken by the Master. The damages are excepted which occurred on implements and other things of equipment of the ship not described in the inventory, or on ship’s supplies or on goods clandestinely loaded or knowingly declared by the Shipper in an incorrect manner, or on goods loaded on deck in maritime voyages exceeding an eighty miles radius from the loading port.
471. Exceptional expenses
As regards the exceptional expenses, the damage to be allowed as general average is valued on the basis of the expense incurred, or of that which would have been sufficient for the common safety and has been substituted with other major one.
To such expenses the interest must be added of the loan made for collecting the necessary amount, the major value due to the owner of the goods sold for the same purpose, as well as the insurance premium regarding the operation.
From the expenses the eventual improvements must be deducted which derive from the repairs carried out.
472. Loss of freight
As regards the lost freights, the damage to be admitted as general average is valued on the basis of the gross amount, but deducting the freights earned for the goods loaded in substitution and the expenses that the loss has permitted to spare.
473. Damages to the ship and cargo
As regards the material losses and damages caused to the ship, cargo or other property whatsoever, involved in a maritime adventure, the damage to be allowed as general average is valued on the basis of the value which the property lost or damaged would have had at the end of the adventure, or, in the event of a round voyage, at the end of the contributory voyage, namely in the port in which is unloaded the last parcel of the cargo present on board at the moment of the voluntary sacrifice.
However, from this value must be deducted:
a) the expenses saved in consequence of the damage or loss;
b) the damages sustained prior to the voluntary sacrifice;
c) the residual value which subsists or could have subsisted apart from the damages sustained by the things themselves subsequently to the voluntary sacrifice and for causes extraneous to the latter.
The residual value, which must be deducted from the damage allowed as general average according the letter c of the preceding paragraph, is calculated on the basis of the same criteria of valuation of the damage, or on the basis of what also before has been collected or could have been possible to collect by sale.
474. Expenses of the contribution adjustment
In the mass of creditors also the expenses concerning the liquidation and adjustment operations are admitted.
475. Formation of the mass of debtors
Each of the concerned parties in the common maritime adventure participates to the formation of the mass of debtors and contributes to damages and expenses in proportion to the value of the properties in risk for him, excepting the equipment of the crew and the unregistered luggage.
476. Contribution of the ship and cargo
As regards the ship, the cargo and whatever is found on board, the contribution to the mass of debts is determined on the basis of the actual or presumable value at the end of the voyage, or, in case of round voyage, at the end of the contributory voyage.
From this value the damages must be deducted which were sustained irrespective of the voluntary measure, before or after same; also the expenses are to be deducted which were or would have been saved in case of loss of the same things.
477. Contribution of the freight
As regards the freights concerning the voyage, the contribution to the mass of credits is calculated on the basis of their actual amount, deducting the expenses which their loss has or would have allowed to save.
478. Indications of the Shipper regarding the goods
In connection with the formation of the mass of credits and debts, in the event of declaration of value made by the Shipper at the commencement of the voyage, the value declared is prima facie evidence of the actual value of the goods at the end of the adventure, or of the contributory voyage.
When the value declared does riot result as corresponding to the actual one, for the contribution to the mass of credits the lowest value is calculated between the two; for-the participation to the mass of debs, the highest value is instead calculated between the two, unless it is proved that the incorrect value was not knowingly declared.
In default of declaration of value by the Shipper, for the basis of the determination of the value, the particulars are calculated which were furnished by the Shipper in the loading declaration as regards the nature, quality and quantity of the goods, unless the contrary is proved.
When such indications result incorrect, the provision of art. 470 applies unless it is proved that the incorrect declaration was not made knowingly.
479. Recovery of things scarified after the adjustment
If, after the adjustment, but before the payment of the quotas of contribution, the things scarified are wholly or in part recovered by the owners, the adjustment is reopened in order to take into account the value of the things recovered, according to art. 473 letter c, deducting the expenses sustained for such recovery.
If the recovery takes place after the payment of the contribution quotas, the value of the recovered things is shared amongst the contributors in proportion to each contributory quota.
This value is determined in accordance with the criteria of valuation of the division or on the basis of what was possible to collect by sale, deducting the expenses for the recovery and those for the carriage to destination or to the place of the actual sale.
480. Contribution to general averages of goods loaded on deck
The average damages in any way caused to goods loaded on deck, with or without the consent of the Shipper, are exclusively shared -in the voyages exceeding eighty miles radius from the loading port -amongst the concerned parties to the adventure for the ship and for the goods loaded on deck.
The interested parties on the ship contribute to the damages in pro- portion to all the properties, including the freights in risk for them during the adventure; the other interested parties in proportion to the value of the goods on deck in risk for each of them and to the amount of the respective freights, when these are for themselves in risk.
The valuation of the damages allowed to the mass of credits and the determination of the values constituting the mass of debts are made in accordance with the criteria regulating the general contribution.
Actions for contribution to general average is prescribed within one year from the end of the voyage or, in the event of round voyage, from the end of the contributory voyage.
Title VII Responsibility for Collision of Vessels
482. Fortuitous collision or for doubtful causes
If the collision "took place due to fortuitous case or force majeure, or if it is not possible to ascertain the cause of same, damages remain at charge of those who suffered same.
483. Collision for unilateral fault
If the collision occurred for fault of one of the vessel, the indemnification of damages is at charge of the vessel in fault.
484. Collision for common fault
If the fault is common to several vessels, each of them answers in proportion to the gravity of her own fault and to the entity of the relative consequences. Nevertheless, the refund is due in equal parts in the event that it is not possible to determine the proportion due to particular circumstances.
The vessels in fault are jointly responsible for damages deriving from death or injuries of persons.
485. Obligation of assistance in case of collision
After a collision between vessels, the Master of each of same is obliged to assist the others, their crew and passengers, provided that he can do so without grave danger To his vessel or to the persons on board.
Likewise, the Master is obliged, as far as possible, to give to the other vessels the necessary information for the identification of his own vessel.
486. Contractual relationship
Excepting the provision of the second paragraph of art. 484, the provisions regarding the responsibility for damages from collision do not apply to the relations of responsibility running between persons bound by labour or carriage relations or by other contract.
The right to obtain the indemnification of damages caused by collision of vessels is prescribed within two years from-1 the day in which the damage occurred.
The right of recourse competent to the vessel which paid the whole indemnification according to art. 484, is prescribed within one year from the day of the payment.
488. Damages not deriving from material collision
The preceding provisions are applicable to the damages caused from displacement of water or other analogous cause, from one vessel to another or to the persons or things on board of the latter, even if no material collision occurred.
Title VIII Assistance and Salvage Recovery and Finding of Wreck
Chapter I Assistance and Salvage
489. Obligation of assistance
The assistance to a vessel or plane in the sea or in inland waters, which are in danger of being lost, is compulsory, as much as possible without serious risk of the succouring ship, of her crew and passengers. The assistance is compulsory also in the case foreseen by art. 485, when persons are in danger on board the vessel or plane.
The Master of a vessel, during the voyage or when ready to sail, who has knowledge of a vessel or plane being in danger, is bound, under the above circumstances and within the above limits, to run to the aid and give assistance, when he can reasonably foresee a useful result unless he is aware that the assistance is given by other vessels in conditions more idoneous or similar to those in which he himself could give it.
490. Obligation of salvage
When the vessel or plane in danger are completely unable, respectively, to manoeuvre or to retake the flight, the Master of the succouring vessel is bound, under the circumstances and within the limits indicated in the preceding article, to attempt the salvage of the ship, or, if this is not possible, to attempt the salvage of the persons on board.
It is likewise compulsory, within the same limits, the attempt to save persons who find themselves in the sea or in inland waters in danger of being lost.
491. Indemnity and reward for assistance or salvage of ship or plane
The assistance and salvage of vessel or plane, which are not effected against the express and reasonable refusal of the Master, give right, within the limits of the value of the properties assisted or saved, to the indemnification of the damages suffered and to the reimbursement of the expenses incurred, as well as to a reward, if same have given an also partially favorable result.
The reward is fixed in proportion to the success obtained, the risks incurred by the succouring vessel, the efforts made and the time employed, the general expenses of the enterprise if the ship is manned and equipped to give assistance, as well as in proportion to the danger in which the properties assisted or saved were and to the value of same.
492. Indemnity and reward for salvage of things
The salvage of things, not effected against the express and reasonable refusal of the Master of the ship or plane in danger or of owner of things, gives the right, within the limits established in the preceding article, to the indemnification of damages and to the reimbursement of expenses, as well as, if the salvage has given an also partially favorable result, to a reward determined according to the said article.
493. Indemnity and reward for salvage of persons
The salvage of persons gives the right to indemnification of the damages suffered and to the reimbursement of the expenses incurred, only in the cases and within the limits in which the relative amount is covered by insurance, or by the Carrier’s responsibility for the non fulfilment of the obligation of insurance according to art. 941.
In the same cases, or otherwise when effected in occasion of operations of assistance to ships or planes or in the event of salvage of things, the salvage of persons, which has obtained a useful result, gives also the right to a reward, respectively within the limits of the residual amount covered by the insurances or by the Carrier’s responsibility, deducting the amounts due for indemnification of the damages and for reimbursement of the expenses, and within the limits of a part equitably fixed of the reward regarding the other operations. The reward is fixed in proportion to the risks incurred, the efforts made and the time employed as well as in proportion to the danger in which the persons saved were.
494. Efficacy of the conventional determination of the reward
The determination of the reward, made by agreement or by arbitration, is not valid in respect to the crew members who did not accept same.
495. Plurality of operations and plurality of succourers
When from a same vessel assistance to vessel or plane, or salvage of things and salvage of persons are simultaneously effected, the amount of damages and expenses incurred is equitably shared among the various operations effected. When to the same operation of assistance or salvage several vessels, or vessels and planes participated, the concurrence of succourers is governed by the provisions of art. 970.
496. Division of the reward
When the vessel is not manned and equipped for the purpose of giving assistance, the reward for assistance or salvage to a third part belongs to the Shipowner and up to two thirds to the crew members, among whom the amount is divided in proportion to the retribution of each of them, taking into account the activity of each person.
The quota of the reward due to the crew members cannot be conventionally fixed to an extent less than half of the total reward.
497. Charge of the expense for indemnity and reward
In case of assistance or salvage of vessel or plane, the expense for indemnity and reward due to the succouring vessel is divided among the interested parties to the adventure succoured in accordance with the provisions on the contribution to general average, also when the assistance was not requested by the Master of the vessel or plane in danger or was given against his refusal.
498. Vessels of the same Shipowner or Operator
The preceding provisions are applicable, if possible, even if the assisting vessel and the vessel assisted or saved belong to the same Owner or are manned by the same Operator.
499. Action of the crew members
When the Owner is not entitled or does not care to act in order to obtain the reward of assistance or salvage, the crew members can bring suit for the part of the reward due to them.
The claim for indemnities and reward of assistance or salvage is time barred within one year from the day in which the operations came to an end.
Chapter II Salvage of Wrecks
501. Undertaking of recovery
Without prejudice to the right of the Owner to provide directly, in the concurrence of several persons who, availing themselves of nautical means, intend to undertake the recovery of a vessels or plane wrecked or of other flotsam of navigation, the person is preferred who, after identification of the flotsam, has first denounced it to the Maritime Authorities, provided that, within one year from the identification, he begun the operations of recovery without subsequently suspending same for a period exceeding one year.
502. Obligations of the recoverer
After the commencement of the recovery, the relative operations cannot be suspended or abandoned without a justified reason, when a damage can derive to the owner of the wreck.
Within ten days from the arrival of the vessel which has effected the recovery, the recovered things must be delivered to the-owner, or, if the latter is unknown to the recoverer, to the nearest Maritime Authority.
503. Indemnity and reward
When the obligations are carried out regarding the delivery of the things recovered, the recovery gives right, within the limits of the value of the things recovered, to the indemnification of damages and to the reimbursement of expenses. The recoverer is also entitled to a reward established in proportion to the value of the things recovered, to the efforts made and the risks run, to the value of means and materials employed and, if the vessel is manned and equipped for the purpose of effecting recoveries, to the general expenses of the Enterprise.
The provisions of art. 492, 494, are applicable in connection with the valuation and division of the reward.
504. Recovery without nautical means
In the event of several persons who intend to assume the recovery of the wreck, for which nautical means are not necessary, the provision of art. 501 is applicable.
The recoverer has the obligations and rights provided for in art. 502, 503; the delivery of the things recovered must be made within ten days from the completion of the operations.
In default of agreement between the interested parties, the reward is divided amongst the persons who have co-operated to the recovery, by the Authority indicated in art. 502, in proportion to the work carried out and the risks run by all concerns.
505. Recovery effected by the Master of the shipwrecked vessel
Remaining firm, for the rest, the provision of art. 501, 504 first paragraph, in any case the Master is preferred who, immediately after the shipwreck, declares to constitute himself chief recoverer.
In default of agreement with the Shipowner, the reward for the Master and the other crew members, is fixed by the Authority indicated in art. 502 or by the Consular Authority, in proportion to the value of the things recovered, the work effected and the risks run.
506. Intervention of the Maritime Authority
The chief of the maritime Compartment in which the recovery is effected, takes the opportune measures and assumes the recovery, if considered convenient, when it comes to his knowledge that a crime has been committed by the recoverer on the things recovered.
507. Recovery effected by the Maritime Authority
Remaining firm the provisions of art. 72, 73 and 506, the recovery of submerged ships or of other wrecks in the national waters, can, if a favorable result is foreseen, be assumed by the Maritime Authority, when the owners of the things do not intend to prosecute the recovery initiated.
It is considered in this respect that the owners do not intend to assume or continue the recovery when they have not declared it within sixty days from the notice published for this purpose by the Maritime Authority in the ways provided for by the regulation or when they have not begun the operations within the period fixed upon, or when have not retaken the operations suspended within sixty days from the invitation of the Authority.
Nevertheless, the recovery can in any time be assumed by the Owners, after reimbursement of the expenses incurred by the Authority.
In case of a foreign ship, the Maritime Authority, prior to the commencement of the salvage, informs also the Consul of the State of which the vessel flew the flag, so that the Consul himself can effect directly the recovery, if he believes it advisable.
508. Custody and sale of things saved
The Authority who assumes the salvage or who, according to art. 502, receives the things saved, looks after the custody of same.
During the salvage operations, the above mentioned Authority can effect, according to the rules provided for in the regulation, the sale of the things, when the preservation of same is not possible or useful, or when the sale is necessary in order to cover the expenses of the salvage effected by the Authority.
The operations being terminated, when the owner does not see to it to withdraw the things saved within the time limit fixed by the Authority, or when the owner does not present himself within six months from the notice published by the Authority if the owner is unknown, the Authority looks after the sale and deposit of the price collected with a public Institute of Credit, deducting the expenses for the salvage, the indemnities and the reward to the salvage, and the custody expenses.
If within two years from the deposit, the interested parties have not exercised their rights, or if the requests have been rejected by irrevocable judgment, the remaining amount is devolved to the National Fund for the maritime providence or to the Funds of assistance for the personnel of the inland navigation.
The right to indemnities and to reward for salvage is prescribed within two years from the day in which the operations terminated.
Chapter III Finding of Sea Wreck
510. Rights and obligations of the discoverer
Who fortuitously finds wreck in sea or by sea thrown up in a locality of the maritime demesne, must denounce same to the nearest Maritime Authority within three days from the discovery, or from the call of the vessel if the discovery occurred during navigation. The discoverer must also, when it is possible, deliver the things refund to the owner or to the Maritime Authority if the owner is unknown to him and if the value of the wreck exceeds fifty lire.
The discoverer who fulfills the obligations of the denunciation and delivery, is entitled to the reimbursement of the expenses and to a prize equal to the third part of the value of the things refund, if the rediscovery happened in sea, or to the tenth part up to ten thousand lire of value and to the twentieth part for the amount in excess.
511. Custody and sale of the things refund
The provision of art. 508 is applicable for the custody and sale of the things refund and for the devolution of the sums collected.
Nevertheless, the things of artistic, historic, archaeological or ethnographic interest, as well as the arms, munitions and military instruments are devolved to the State, when the owner does not see to it to withdraw same within the period indicated in the third paragraph of art. 308. In any case, the rediscoverer is entitled to the indemnity and to the reward foreseen in the preceding article.
512. Cetaceans stranded
The cetaceans, stranded on the Italian coast-line belong to the State.
The discoverer, who has denounced it to the Maritime Authority within three days from the discovery, has the right to a prize equal to the twentieth part of the value of the cetacean.
The right to the reimbursement of the expenses and to the prize expires within two years from the day of the rediscovery.
Title IX Insurances
514. Putative risk
If the risk has never existed or has finished to exist, or if the accident happened before the conclusion of the contract, the insurance is null and void whenever the notice of the inexistence or of the cessation of the risk or of the accident occurred has arrived; before the conclusion of the contract, at the place of the conclusion or at the place from which the Insured gave the order of insurance. It must be presumed that the notice has timely arrived at the above-mentioned places.
The Underwriter, who is not aware of the inexistence or cessation of the accident occurred, has the right to the reimbursement of the expenses; he has right, on the contrary, to the whole prize agreed upon if he proves such a knowledge on the part of the Insured.
515. Insurance of the ship
The insurance of the ship covers the ship and her pertinences. Besides, it can cover also the expenses, for the manning and equipment of the vessel.
Unless otherwise agreed upon, the declaration of the value of the ship, contained in the policy, is equivalent to valuation.
516. Insurance of the goods
The insurance of the goods covers the value of these, in a sound condition, at the place of destination and at the time of the unloading. If such a value cannot be ascertained, the insurable value is represented by the price of the goods at the place and time of the loading, increased by ten percent for expected profit, as well as by the loading expense, the freight due or prepaid in any event and the insurance expenses.
517. Circulation of the insurance of the goods
—In case of change of the person of the Insured, the insurance of the goods continues in favour of the new Insured, without any advice of the change being given to the Insurer; both the latter and the new Insured cannot, owing to the change, revoke the contract.
518. Insurance of the expected profits on the goods
The insurance of the expected profits on the goods covers the major commercial value which, at the moment of the conclusion of the contract, can be foreseen the goods will have at their arrival, in sound condition, at the place of destination, deducted the carriage and insurance expenses.
The provisions concerning the insurance of the goods are applicable, as much as compatible, to the insurance of the expected profits.
519. Insurance of the freight to be earned
The insurance of the gross freight to be earned covers the freight for the whole amount agreed upon in the contract of utilization of the ship.
Unless otherwise agreed upon, the net freight covers sixty percent of the gross freight.
In default of contrary agreement, the gross freight is presumed insured. The provisions concerning the insurance of the ship are applicable, as much as compatible, to the insurance of the freight to be earned.
520. Insurance of the freight prepaid or due in any event
If the freight represents the proceeds of a transport, the provisions concerning the insurance of the goods are applicable, as much as compatible, to the insurance of the freight due or prepaid in any event; if the freight represents the price of an affreightment or of a lease, those concerning the insurance of the ship are applicable.
521. Risks of the navigation
The Insurer is obliged for damages to and losses of the insured things in consequence of storm, shipwreck, collision, jettison, explosion, fire, piracy, pillage and generally for all the accidents of the navigation.
522. Aggravation of the risk
Unless otherwise agreed upon, the Insurer is not liable if, due to a fact of the Insured, the risk is changed or aggravated in such a manner that the Insurer would not have given his consent, or would not have given it at the same conditions, if the new situation existed and was known by the Insurer at the time of the conclusion of the contract.
Nevertheless, the Insurer is liable if the change or the aggravation of the risk has been caused by acts accomplished for duty of human solidarity or in the tutelage of common interests of the Insurer or depends upon an event, for which the same Insurer is liable, or has not influenced the happening of the accident or the amount of the indemnity due by the Insurer in consequence of the accident.
523. Change of route, voyage or ship
The Insurer of the vessel is liable if the accident depends upon forced change of route or voyage. Also the deviation which the ship makes for assistance or salvage of vessel or plane, or of persons in danger, is considered forced change of route.
In the case of change of route or voyage, due to fact of the Insured, the Insurer is liable only if the accident occurs during the route covered by the insurance unless he proves that the change had influenced the happening of the accident.
In the insurance of the goods, the Insurer is not liable, if the goods are loaded on a ship different from that indicated in the policy. If the policy does not mention the ship, the Insured must, as soon as he has knowledge of it, inform the Insurer of the name of the vessel on which the goods are loaded, unless it does not deal with voyage on liners.
If the Insured does not fulfil such an obligation, the Insurer is discharged from any liability.
524. Fault and fraud of the crew
The Insurer of the ship is liable if the accident depends, entirely or partly, upon fault of the Master or of the other members of the crew, provided that the Insured has remained extraneous to same. Nevertheless, if the Insured is also the Master or the ship, the Insurer is liable limitedly to the nautical faults of the former.
In the insurance of the goods, the Insurer is liable also for the fraud of the Master and of the other members of the crew.
525. Latent defect of the ship
The Insurer of the vessel is liable for damages and losses caused by latent defect of the vessel, unless he proves that the Insured could have discovered same by due diligence.
526. Contribution to general average
The Insurer of the vessel is liable, within the limits of the contract, for amounts due by the Insured for contribution to general average.
527. Claims of third parties damaged by collision
The Insurer is liable, within the limits of the contract, of the sums due by the Shipowner to third parties damaged from collision of the vessel with another vessel or plane or against port works and navigable routes or against floating or fixed bodies.
Within the same limits, the Insurer is liable for the expenses sustained by the Insured in order to oppose, with the consent of the Insurer himself, the pretences of the third party.
When the ship is entirely lost or her value, at the time in which the limitation of the Shipowner’s debt is requested, is minor than the minimum foreseen in art. 276, the Insurer of the ship is liable up to the amount of such a minimum, even if the total amount of the same minimum of indemnity, due to the Insured for material damages suffered by the ship, exceeds the insurable value of the latter.
528. Risk in the insurance of the expected profits on the goods
The Insurer of the expected profits on the goods is liable for the good arrival of the goods at destination.
529. Risk in the insurance of the freight to be earned
The Insurer of the freight to be earned is liable for the total or partial loss of the right of the Shipowner to the freight, consequent to an accident of the navigation.
530. Duration of the period of insurance of the vessel
The insurance of the ship, stipulated per period, has effect from twenty-four hours of the day of the conclusion of the contract until twenty-four hours of the day fixed by the contract itself. In connection with the calculation of the period, the place, in which the insurance was concluded, must be taken into consideration.
The insurance, expired during the course of the voyage, is extended by law until twenty-four hours of the day in which the ship is anchored or moored in the place of last destination, but the Insured must pay for the time of the extension a prize supplement proportional to the prize fixed in the contract.
531. Duration of the insurance of the ship per voyage
The insurance of the ship, stipulated per voyage, has effect from the time in which the ship commences the loading of the goods or, in default of cargo, from the time in which she sails from the port of departure, to the time in which the ship is anchored and moored at destination or, if she unloads goods, to the completion of the discharge, but not beyond the twentieth day from the arrival.
If within such latter term the ship loads goods for a new voyage, for which the vessel has been insured, the previous insurance ends at the time of the new loading.
The insurance, stipulated after the voyage is commenced, begins at the hour indicated in the contract or, unless otherwise agreed upon, from twenty-four hours from the day of its conclusion.
532. Duration of the insurance of the goods
The insurance of the goods has effect from the time in which the goods leave the land in order to be loaded on the ship, which must carry out the transportation of same, to that of the unloading of the goods in the place of destination.
In the event of unloading protracted beyond thirty days from the arrival at the place of destination irrespective of quarantine or force majeure, the insurance terminates with the expiry of the thirtieth day.
In any case, the lying of the goods on lighters in the places of loading and destination, is included in the insurance only as far as it is necessary for the operations of loading and unloading and in any way for the maximum duration of fifteen days.
The insurance, stipulated after the inception of the voyage, begins from the hour indicated in the contract or, unless otherwise agreed, from the midnight of the day of its conclusion.
533. Notice of accident
Firm for the remaining the provision of art. 1913 civil code, in the insurance of the goods the Insurer is obliged to give notice also when the vessel has been declared unseaworthy, although the goods did not suffer damage for the accident which occurred.
534. Obligation to avoid or diminish the damage
The Master of the vessel, the Insured and his servants must do their utmost in order to avoid or diminish the damage.
In derogation of art. 1914, second paragraph, of the civil code, the parties can agree upon that the expenses for avoiding or diminishing the damages are to the charge of the Insurer only for that part which, added to the amount of the damage to be indemnified, does not exceed the amount insured, also if the scope has not been reached, unless the Insurer proves that the above expenses have been inconsiderately effected.
535. Difference between the new and the old
In the calculation of the indemnity for material damages suffered by the ship, the benefit deriving to the Insured is taken into account due to difference between the new and the old.
536. Damages of general average
The Insurer must indemnify for their total amount, within the limits of the contract, the damages and expenses produced from an act of general average.
If these damages and expenses are allocated to contribution, the Insurer has liberty to subrogate himself to the Insured in the rights of the latter towards the others, participating to the common adventure.
537. Indemnity for contribution to general average
In the calculation of the indemnity due by the Insurer for contributions to general average at charge of the Insured, it is assumed as insurable value the contributory value of the thing, which is the object of the insurance. Reference must be made to this value also when the insurable value of the thing has been object of evaluation.
The amount of the damage to be indemnified is given by the quota of contribution put at the charge of the Insured by the average adjustment, on condition that from the commencement of the liquidation proceedings notice has been given to the Insurer, prior to the hearing of discussion under art. 614 or prior to the stipulation of the average, bond, so that the Insurer himself can participate to the proceeings.
538. Indemnity for claims of third parties damaged by collision
In the calculation of the indemnity due by the Insurer for claims of third parties, damaged by collision, against the Shipowner, as insurable is calculated the value of the ship computed in accordance with art. 515 or, in case of insurance of the freight to be earned, the freight of the voyage for its gross amount.
539. Successive accidents
If the insured things suffer, during the time of the insurance, several subsequent accidents, in the indemnity it must be computed, also in case of abandonment, the sums which have been paid to the Insured or which are due to him for previous accidents, which occurred during the same voyage.
540. Abandonment of the ship
The Insured can abandon to the Insurer the ship and. request the indemnity for total loss in the following cases:
a) when the ship is lost, or has become absolutely unfit for the navigation and cannot be repaired, or when the means of necessary repairs are lacking in the place neither the vessel can, by towing, reach a port in which such means exist or obtain same requesting them elsewhere;
b) when the ship is presumed lost;
c) when the total amount of the expenses for the repairs of the material damages suffered by the ship reaches three quarters of her insurable value.
541. Abandonment of the goods
The Insured can abandon to the Insurer the goods and request the indemnity for total loss in the following cases:
a) when the goods are totally lost;
b) when the ship is presumed lost;
c) when, in the cases foreseen in the letter a) of the preceding article, from the date of the loss or of the unseaworthiness of the vessel, three months have classed for the perishable goods or six months for those not perishable without the goods having been recovered and loaded for (the continuance of the voyage;
d) when, irrespective of any expenses whatsoever, the damages for deterioration or loss in quantity exceed three quarters of the insurable value.
542. Abandonment of the freight
The Insured can abandon to the Insurer the freight to be earned at the time of the accident and exact the indemnity for total loss in the following cases:
a) when the Insured has totally lost the right to the freight;
b) when the ship is presumed lost.
543. Form and expiry dates of the statement of abandonment
The abandonment must be declared by writing to the Insurer within two months or, if the accident happened outside Europe or countries wetted by the Mediterranean, within four months from the date of the accident or from the date in which the Insured proves to have had knowledge of same.
In case of presumed loss, the time limit is of two months and runs from the day in which the ship has been cancelled from the register of inscription. If the abandonment has as object a vessel, the declaration must be made in the form prescribed by art. 429 and published in accordance with art. 250 and following.
Nevertheless, if the act of nationality has been lost in the accident, the publication is carried out by the transcription in the register.
The declaration of abandonment, having as object the ship, must be notified to the Insurer; in every other case, it must be brought to the knowledge of the Insurer himself by registered letter.
After the expiry of the time under the first paragraph, the Insured can only exercise the action of average.
544. Communications to be made by the Insured in declaring the abandonment
In declaring the abandonment, the Insured must inform the Insurer if on the things abandoned other insurances have been stipulated or ordered, or if real rights or of guarantee weigh on same.
In default, the Insurer is bound to pay the indemnity only from the time in which these information are given to him by the Insured.
In the event of false or knowingly incorrect communications, the Insured loses all the right deriving from the insurance contract.
545. Object of the abandonment
The abandonment of the things insured must be effected without conditions.
It must include all the things under risk for the Insurer at the moment of the accident, from which the abandonment arises, and the rights belonging to the Insured towards third parties in relation with the same things.
If the insurance does not cover the entire insurable value of the thing, the abandonment is limited to a part of the thing itself, in proportion, to the insured amount.
546. Effects of the abandonment
If the validity of the abandonment has not been contested within thirty days from that in which the declaration of abandonment has been brought to the knowledge of the Insurer, or if the validity of the abandonment has been judicially recognized, the Insured is entitled to collect the indemnity for total loss.
The ownership of the things abandoned and the rights indicated in the preceding article are transferred to the Insurer from the day in which the latter has been informed of the abandonment, unless the Insurer declares to the Insured that he does not intend to profit of same, within ten days from that in which the validity of the abandonment has become incontestable in accordance with the preceding paragraph.
The declaration of the Insurer must be made, published and brought to the knowledge of the Insured in the forms requested by art. 543 for the declaration of the abandonment.
The rights deriving from the contract of insurance are time barred within one year.
Remaining firm the provision of art. 2952 civil code, for the prescript- ion of the right of indemnification of the Insured towards the Insurer, the period runs from the date of the accident or from that in which the Insurer proves to have had knowledge of same and, in the event of presumed loss of the vessel, from the day in which the latter has been cancelled from the register of inscriptions.
The exercise of action to obtain the indemnity, through abandonment of the things insured, interrupts the prescription of the action to obtain the indemnity of average, depending on the same contract and relative to the same accident.
Title X Privileges and Mortgages
Chapter I Privileges
Section I General provisions
548. Preference of privileges
The privileges established in the present chapter are preferred to all other general or special privileges.
549. Privileges on the remains of things
In case of deterioration or diminution of the thing on which a privilege exists, this is exercised on that which remains or is saved or recovered.
550. Subrogation of the losing creditor
The creditor having privilege over one or several things, in the event that he finds himself losing due to the fact that a creditor, whose privilege of superior rank is extended to other things of the same debtor, has been wholly or partially satisfied on the price, can subrogate himself in the privilege belonging to the creditor satisfied, with preference to the creditors having privilege of inferior rank.
The same right belongs to the creditors losing in consequence of the said subrogation.
551. Transfer of the privilege
The transfer of the privileged credit produces also the transfer of the privilege.
Section II Privileges on the ship and freight
552. Privilege’s on the ship and freight
The following credits have privilege on the ship, on the freight of the voyage during which the credit arose, on the pertinencies of the vessel and on the accessories of the freight earned after the commencement of the voyage:
1) the judicial expenses due to the State or made in the common interest of the creditors for conservative acts on the ship or for the proceedings of enforcement; the anchorage, light house and port-rights and other rights and taxes of the same kind; the pilotage expenses; the expenses for the custody and conservation of the ship after the entrance in the last port;
2) the credits deriving from the contract of enlistment or labour of the Master and of other crew members;
3) the credits for the amounts advanced by the Administration of the Mercantile Marine or of the inland navigation or by the Consular Authority for the maintenance and repatriation of crew members; the credits for obligatory contributions due to Institutions of social providence and assistance for the seamen and for the personnel of the inland navigation;
4) the indemnities and rewards of assistance or salvage and the amounts due for contribution of the vessel to general averages;
5) the indemnities for collision or for other accidents of the navigation and those for damages to the installations of the port, drydocks and navigable ways; the indemnities for death or for injuries to Passengers and to crews and those for losses and damages to the cargo and luggage;
6) the credits deriving from contracts stipulated and from operations carried out by the Master, by virtue of his legal powers, even if he is Operator of the ship, for the exigencies of the conservation of the ship or for the continuance of the voyage.
553. Substitution of the indemnity to the vessel and to the freight
If the vessel is lost or damaged, or the freight is partially or entirely lost, the following amounts and indemnities are bound to the payment of the privileged credits indicated in the preceding article:
a) the indemnities for material damages suffered by the vessel and not repaired or for loss of freight;
b) the amounts due for contribution to the general averages suffered by the vessel, to such an extent that same constitute material damages not repaired or losses of freight;
c) the indemnities and rewards for assistance given up to the end of the voyage, after deduction of the amounts attributed to the persons on duty on the vessel.
Neither the indemnities of insurance, nor the prizes, subventions, and other subsidies of the state are instead bound to the payment of the privileged credits.
554. Extension of the privilege on the freight in favour of the crew
The privilege established in favour of the crew is extended to all the freights due for the voyages carried out in the course of the same contract of enlistment or of labour.
555. Plurality of privileges relative to several voyages
The privileged credits of the last voyage are preferred to those of the preceding voyages.
Nevertheless, the credits deriving from one single contract of enlistment or of labour, including several voyages, concur in the same rank with the credits of the last voyage.
556. Graduation of the privileges
The credits relative to the same voyage are privileged in the order in which same are allocated in art. 552.
The credits included in each of the numbers of art. 552 concur together, in proportion to their amount, in the event of insufficiency of price.
Nevertheless, in the case indicated in the preceding paragraph, the indemnities for damages to the persons, foreseen in number 5 of the said article, have preference on the indemnities for damages to the things, foreseen in the same number.
The credits indicated in the numbers 4 and 6, in each of the respective categories, are graduated with preference in inverse order of the dates in which same arose.
The credits depending from the same event are considered as arisen contemporaneously.
557. Exercise of the privilege on the vessel and on the freight
The privileged credits follow the vessel even when a third person becomes Owner of same.
The privilege on the freight can be exercised so far as the freight is due or the amount is in possession of the Master or the Agent.
558. Extinction of the privileges
The privileges become extinct, not only for the extinction of the credit, but also for the expiry of one year, excepting those regarding the credits indicated in art. 552 n. 6 which become extinct at the expiry of the period of one hundred and eighty days.
The period runs, for the privileges of the credits for assistance or salvage, from the day in which the operations have terminated; for the privileges of the indemnities due following to collision or other accidents as well as of those for personal injuries, from the day in which the damage has been caused; for the privilege relative to loss or averages of the cargo or baggages, from the day of the redelivery or from that in which the redelivery should have been effected; for the privilege of the credits deriving from contracts stipulated or from operations carried out by the Master for the conservation of the vessel or for the continuance of the voyage, from the day in which the credit arose; for the privilege relative to credits deriving from the engagement or labour contracts, from the day of the embarkment of the crew member in the port of engagement, subsequently to the extinction of the contract. In all the other cases, the period runs from the day in which the credit fell due.
The faculty of requesting advances or partial payments has not as effect to have the credits under n. 2 of art. 552 considered as collectible.
The aforesaid periods are suspended until the vessel burdened with privileges could not be seized or distrained in the territorial waters of the State; but such suspension cannot surpass three years from the date in which the credit arose.
559. Other causes of extinction of the privileges
The privileges on the vessel become also extinct:
a) by the decree as per art. 604 in the event of judicial sale of the vessel;
b) with the lapse of sixty days in the event of voluntary sale. This period runs from the date of the transcription of the deed- of sale, if the ship is lying at the moment of the transcription in the district of the Board in which she is inscribed, and from the date of her return to the said district, if the transcription of the sale takes place after the departure of the vessel.
560. Ship managed by Operator－not Owner
The provisions of this chapter do not apply in the event that the vessel is managed by an Operator-not Owner, who has acquired the availability following an illicit act, when the creditor is aware of same.
Section III Privileges on the things loaded
561. Privileges on the things loaded
The following credits are privileged on the things loaded:
1) Judicial expenses due to the State or made in the common interest of the creditors for conservative acts on the things or for the proceedings of enforcement;
2) the Custom duties due on the things in the place of unloading;
3) the indemnities and rewards of assistance or salvage and the sums due for contribution to general averages;
4) the credits deriving from carriage contract including unloading expenses and the rent of the warehouses in which the things unloaded are deposited;
5) the amounts of capital and interest due for the obligations undertaken by the Master on the cargo in the cases foreseen in art. 307.
The credits indicated in the preceding numbers are preferred to those guaranteed by pawn on the things loaded.
562. Substitution of the indemnities to the things loaded
If the things loaded are lost or damaged, the amounts due for indemnities of the loss or averages, including those due by the Insurers, are bound to the payment of the privileged credits indicated in the preceding article, unless the same amounts are employed for repairing the loss or averages.
563. Graduation of the privileges
The privileged credits on the things loaded take the rank in the order in which same are allocated in art. 561.
The credits indicated in the n. 3 e 5, in each of the respective categories, are graduated in inverse order of the dates in which same arose.
The credits indicated in the other numbers are graduated, in each of the respective categories, in inverse order of the dates only when same arose in different ports.
564. Extinction of the privileges
The privileges on the things loaded become extinct if the creditor does not intimate opposition to the Master or does not start action within fifteen days from the unloading and before the lawful transfer of the things loaded to third parties.
Chapter II Mortgage
565. Concession of mortgage on the vessel
On the vessel only voluntary mortgage can be granted.
The concession of mortgage must be made, under pain of nullity, by public or private deed, containing the specific indication of the elements of individuation of the ship.
566. Mortgage on a vessel under construction
The mortgage can be granted also on a vessel under construction and can be efficaciously transcribed from the moment in which note is taken of the construction in the register of the vessels under construction.
567. Publicity of the mortgage
To the effects foreseen by the civil code the mortgage on the ship or on her carats must be made public by means of transcription in the register and annotation on the act of nationality for the major vessels, and by means of transcription in the register of inscription for minor vessels or crafts.
The mortgage on a ship under construction is made public by means of transcription in the register of the vessels under construction.
The acts for which the civil code prescribes the inscription must be made public in the same forms.
568. Competent Board
The publicity must be requested to the Board of inscription of the vessel or of the craft or to the Board with which the register of the vessels under construction is held.
Nevertheless, for the major vessels, the publicity can be requested to the Authorities indicated in art. 251.
569. Documents for the publicity of the mortgage
The applicant for the publicity of the mortgage must present to the competent Board the documents foreseen in art. 2830 of civil code.
The note must indicate:
a) name, paternity, nationality, domicile, residence and profession of the creditor and debtor. Besides, the provision of articles 2831, 2839 n. 1 civil code is applicable for the obligations to order or to holder;
b) the domicile chosen by the creditor in the place in which the Board of inscription of the vessel or craft exists;
c) the indication of the tide, its date, and the name of the public officer who drew up or authenticated it;
d) the amount of the sum for which the transcription is made;
e) the interest and the annualities accrued on the credit;
f) the time in which the credit falls due;
g) the elements of individualization of the vessel.
If the application of publicity regards a major vessel, the applicant must also produce the act of nationality in order to effect on same the annotation prescribed. In the event of impossibility of the said production because the vessel is out of the port of inscription, the provision of 2nd paragraph of art. 255 does apply.
570. Execution of the publicity
The publicity is effected in the forms established in art. 256.
571. Order of precedence and prevalence of the transcriptions
In the event of several deeds published in accordance with the preceding articles, as well as in the event of discordance between the transcriptions on the particular and the annotations on the act of nationality, the provision of art. 257 applies.
572. Subrogation of the indemnity to the ship
If the ship is lost or damaged, the following indemnities and amount are bound to the payment of the mortgage credits, unless same are employed in repairs of averages suffered by the ship:
a) the indemnities due to the Owner for damages suffered by the ship;
b) the amounts due to the Owner for contribution to general averages suffered by the vessel;
c) the indemnities due to the Owner for assistance or salvage, in the event that the assistance or salvage took place after the transcription of the mortgage and the amounts have not been collected by the Owner before the distraint of the ship;
d) the indemnities of insurance.
573. Extension of the mortgage to the freight
The mortgage does not extend to the freight excepting express agreement to the contrary.
574. Rank of the mortgage
The mortgage takes rank from the moment of the transcription in the register of inscription of the ship or craft.
575. Graduation of the mortgage in the concurrence with the privileges
The mortgage takes rank following the privileges indicated in the art. 552 and is preferred to any other general or special privilege.
576. Allocation of the interest
Remaining firm the provision of art. 2855 of the civil code, the allocation of the interest of the mortgage credit, foreseen in. the 2nd paragraph of the aforesaid article, is limited to the previous year and to that in course at the moment of the distraint of the ship.
Nevertheless, the parties can agree upon that the allocation extends to only another annuality of interest.
The rights deriving from the concession of mortgage are time barred within two years from the expiration of the obligation.