The conclusion of the contract of berth and custody of the vessel by implied consent : [court's decision review] Cover Image

Sklapanje ugovora o vezu i ugovora o ostavi plovila konkludentnim činima : [prikaz presude]
The conclusion of the contract of berth and custody of the vessel by implied consent : [court's decision review]

Author(s): Vesna Skorupan Wolff
Subject(s): Maritime Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: contract of berth and custody of the vessel; vessel on berth; case review;

Summary/Abstract: It may not be supposed that the contract of deposit was concluded – as claimed by the plaintiff – by implied consent of the plaintiff, who did not take over the vessel after a set time limit, and the defendant, who moved the vessel to another berth. The defendant’s behaviour and request to the plaintiff to take over the vessel, as well as moving the vessel to another, less safe berth after the plaintiff had failed to take over the vessel within the set time limit, showed no elements of readiness for concluding the contract of the custody of the vessel. Lack of readiness on the part of the defendant to conclude the contract of deposit implies that the parties have not concluded the contract of the custody of the plaintiff’s vessel.

  • Issue Year: 56/2017
  • Issue No: 171
  • Page Range: 222-223
  • Page Count: 2
  • Language: Croatian