Odgovornost za krađu plovila na vezu i posljedice neispunjenja ugovorne obveze predaje plovila marini iz ugovora o vezu i čuvanju plovila : [prikaz presude]
Liability arising from the theft of the vessel on berth and the effects of the non-fulfilment of contractual obligation to hand the vessel over to the marina from the contract of berth and custody of the vessel : [court's decision review]

Summary/Abstract: The obligation of the owner of the vessel, arising from the contract of berth, including elements of custody, is to hand the vessel over into custody; the vessel shall be held handed over by the act of handing over the navigation license and keys to the vessel. The plaintiff (the owner of the yacht), after having for the last time left the marina and the yacht, failed to handover the navigation license and keys to the vessel; it is thus held that the vessel, pursuant to contractual provisions, has not been handed over into custody. Thus the defendant (the marina) is under no obligation to settle the damages arising from the theft of the vessel to the plaintiff. Additionally, the marina shall not be liable for the damages caused due to the negligence of the owner of the vessel, the crew, or other persons present on the vessel. The court judges that the said non-fulfilment on the part of the plaintiff proves the owner’s negligence,due to which the vessel disappeared from the marina. Hence, it is the plaintiff who is solely liable for the occurrence of the adverse event (theft of the vessel).

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