Responsabilidade civil do piloto numa perspectiva luso-italiana

• Autor(a) principal: Bastos, Catarina Borges
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/56807
• topic: pilotos; administração portuária; limitação; responsabilidade civil; pilotagem; pilots; port administration; limitation; civil liability; pilotage; Direito

The purpose of this dissertation is to highlight the practice of pilotage under the domestic legal perspective, by analyzing the legal regime in force in Portugal, with a special attention to the issue of civil liability of pilots and port administrations, which are responsible for ensuring the public service of pilotage. The Portuguese legal system is composed of scattered legal texts, which are difficult to understand, and consequently to apply. Hence the need for the analysis of other countries’ legislation, namely Italy, due to the similarity of their legal systems and the recent and significant change in the Codice della Navigazione with regard to the liabity of pilots. Given the importance of the maritime-port sector and the need for a systematization of the matters, as well as the alteration and adequacy of the legal order regarding the civil liabity of the pilot and the port administrations, it was a question of analyzing the foreign legal framework by taking into special account the Italian legislative change, characterized by Law n.° 230/2016, which emerged after the M/N Jolly Nero accident took place in March 2013 at the port of Genoa, which was the pushing force behind the discussions on the subject. In this way, in order to highlight the challenges faced by the pilot activity and in order to remedy the Portuguese legislative gap regarding the limitation of civil liability, the new legal regime applicable to Italian pilots is used as a parameter to propose limitation of civil liability of the pilot and port administration in Portugal, which may become a mechanism to guarantee the necessary legal protection for the maritime-port sector and the whole community.