Amendments to the Maritime Code in respect of the contract of carriage of passengers and their luggage by sea Cover Image

Izmjene i dopune Pomorskog zakonika glede ugovora o prijevozu putnika i njihove prtljage morem
Amendments to the Maritime Code in respect of the contract of carriage of passengers and their luggage by sea

Author(s): Marija Pospišil Miler
Subject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: carriage of passengers by sea; carrier's liability; Croatian Maritime Code; passenger - personal injury; limitation of liability; compulsory insurance;

Summary/Abstract: The Act on Amendments to the Maritime Code was adopted at the 8th session of the Croatian Parliament held on 26 of April 2013 and entered into force on 18 May 2013. In respect of the contract of carriage of passengers and their luggage by sea, the amendments have been made in order to harmonize the Maritime Code with the Regulation (EC) 392/2009 of 23 April2009 on the liability of carriers of passengers by sea in the event of accidents that already includes provisions of the 2002 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea and of the 2006 IMO Reservation and Guidelines for Implementation of the Athens Convention, as well as with the Regulation (EC) No 1177/2010 of 24 November 2010 concerning the rights of passengers when travel by sea and inland waterway and amending the Regulation (EC) No 2006/2004. This paper analyses the provisions of the Act on Amendments to the Maritime Code in respect of the contract of carriage of passengers and their luggage by sea, especially those on the carrier’s liability for the death of and personal injury to a passenger. These provisions are incorporated in the Maritime Code in connection with its harmonization with the Regulation (EC) 392/2009 and the 2002 Athens Convention, which was ratified by the Republic of Croatia on 1 February 2013 and enters into force on 23 April 2014. These are significant amendments introducing strict liability of the carrier, higher limits of liability and compulsory insurance of liability for the death of and personal injury to a passenger caused by a shipping incident. This will undoubtedly have far-reaching legal and economic effects on the carriage of passengers by sea in the Republic of Croatia.

  • Issue Year: 53/2014
  • Issue No: 168
  • Page Range: 101-125
  • Page Count: 25
  • Language: Croatian