Sistemi aerei a pilotaggio remoto e responsabilità per danni a terzi o a cose tra rischio, prevenzione e risarcimento

Abstract

The essay systematically examines the legal implications arising from the use of Remotely Piloted Aircraft Systems (RPAS), with particular focus on the liability regime for damage caused to third parties or property. The analysis retraces the evolution of European and national legislation, highlighting the shift towards a regulatory model based on risk assessment. It explores the inclusion of drones within the definition of «aircraft» pursuant to Article 743, paragraph 2, of the Italian Navigation Code, and the applicability of the 1952 Rome Convention. The a. proposes a systematic framework for civil liability, questioning the adequacy of traditional fault-based models in light of the operational autonomy granted to drones equipped with artificial intelligence, and suggesting attribution criteria consistent with technological innovation. The study concludes by advocating for a harmonised and dynamic regulatory framework, oriented towards the effective protection of fundamental rights.