La responsabilità per i danni da urto fra aeromobili

Conditio sine qua non for the application of special law is that both devices are in flight (i.e, moving). So defined the conditions of the case, hypothesis of a collision on the runway, and those of collision in flight are considered. Referred to the latter, legal problems from the employment of airborne anti-collision devices and possible conflicts with instructions by the tower of control, as well as the implications on the position of the pilot-in-command so defined are taken in consideration. It is necessary to consider hypothesis of mixed collision between ship and aircraft. The discipline of the collision does not present significant differences with respect to the general criteria of Tort liability, with the exception of the application of a regime of monetary limitation. Rather, the discipline of the collision has been served to test institutes then expanded in general law, like the apportionment of torts. Finally, the paper examines perspectives opened by the (not yet in force) Conventions of Montreal of 2009 on liability for damages to third parties on surface, that also considers compensation for damages caused by collision.