Stvarna nadležnost za postupanje u sporu između osiguravatelja naručitelja prijevoza protiv špeditera i brodara iz osnova počinjene štete na kontejnerima u vlasništvu osiguranika : [prikaz presude]
Subject matter jurisdiction in settling disputes of insurer of the charterer against freight forwarder and ship operator arising from the damage on containers owned by the insured : [case review]

Summary/Abstract: The charterer (the insured) transferred to the insurer all the rights referring to damages settled on the grounds of damage on containers occurred during transport by ship, in order to ensure payment by third parties. Thereby, the insurer (the plaintiff ) entered into legal relationship with the defendants regarding the damages arising from the contract on the carriage of goods (containers), concluded with freight forwarder and ship operators. This dispute carries the marks of an indemnity dispute arising from the concluded commercial contract. The contract was concluded between persons performing commercial activity. Considering the attributes not only of the defendants themselves, but also of the charterer who transferred to the insurer all the rights arising from the said harmful event, the competence in this case lies with the commercial court.

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