Are the charterers entitled to limit liability for maritime claims brought against them by the shipowners : [case review] Cover Image

Jesu li naručitelji prijevoza u brodarskom ugovoru ovlašteni ograničiti odgovornost u odnosu na tražbine brodovlasnika prema njima : [prikaz presude]
Are the charterers entitled to limit liability for maritime claims brought against them by the shipowners : [case review]

Author(s): Vesna Skorupan Wolff
Subject(s): Civil Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; time-charter; liability - limitation; Convention on the Limitation of Liability for Maritime Claims (1976); shipowners; charterers;

Summary/Abstract: From the development of limitation prior to the 1976 Convention and the overall context and purpose of the 1976 Convention, it does not provide any entitlement to charterers to limit liability where the shipowner brings the type of claim concerned with against the charterers. The entitlement to limit was restricted to those persons identified in Article 1 (2), whose liability for the qualifying claim arose qua owners and not otherwise and limitation was not available since no part of the claim arose from the role of the appellant charterers qua owner.

  • Issue Year: 43/2004
  • Issue No: 158
  • Page Range: 287-299
  • Page Count: 13
  • Language: Croatian