Della responsabilità per urto di navi
TITOLO III
Della responsabilità per urto di navi
Art. 482 (Urto fortuito o per causa dubbia)
Se l’urto Ë avvenuto per caso fortuito o forza maggiore, ovvero non Ë possibile accertarne la causa, i danni restano a carico di coloro che li hanno sofferti.
Art. 483 (Urto per colpa unilaterale)
Se l’urto Ë avvenuto per colpa di una delle navi, il risarcimento dei danni Ë a carico della nave in colpa.
Art. 484 (Urto per colpa comune)
Se la colpa Ë comune a pi~ navi, ciascuna di esse risponde in proporzione della gravità della propria colpa e dell’entità delle relative conseguenze. Tuttavia, nel caso che, per particolari circostanze, non si possa determinare la proporzione, il risarcimento Ë dovuto in parti uguali.
Al risarcimento dei danni derivati da morte o lesioni di persone le navi in colpa sono tenute solidalmente.
Art. 485 (Obbligo di soccorso in caso d’urto)
Avvenuto un urto fra navi, il comandante di ciascuna Ë tenuto a prestare soccorso alle altre, al loro equipaggio, ed ai loro passeggeri, sempre che lo possa fare senza grave pericolo per la sua nave e per le persone che sono a bordo.
Il comandante Ë parimenti tenuto, nei limiti del possibile, a dare alle altre navi le notizie necessarie per l’identificazione della propria.
Art. 486 (Rapporti contrattuali)
Salvo il disposto del secondo comma dell’art. 484, le norme sulla responsabilità per danni da urto non si applicano ai rapporti di responsabilità che intercorrono tra persone vincolate da contratto di lavoro o di trasporto ovvero da altro contratto.
Art. 487 (Prescrizione)
Il diritto al risarcimento dei danni cagionati da urto di navi si prescrive col decorso di due anni dal giorno in cui il danno si Ë prodotto.
Il diritto di rivalsa spettante alla nave che, ai sensi dell’art. 484, abbia versato l’intero risarcimento si prescrive col decorso di un anno dal giorno del pagamento.
Art. 488 (Danni non derivanti da collisione materiale)
Le disposizioni che procedono si applicano ai danni prodotti per spostamento di acqua od altra causa analoga, da una nave ad un’altra e alle persone o alle cose che sono a bordo di questa, anche se non vi Ë stata collisione materiale.
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