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Pravno uređenje zakupa broda u talijanskom, francuskom, engleskom i američkom pravu

Author(s): Marija Pijaca / Language(s): Croatian Issue: 169/2015

The paper analyses the legal system of bareboat charter in Italian, French, English and American law. First, the position of bareboat charter in the systematization of the contracts of employment of sea going vessels within the above countries’ law systems will be determined. Legal solutions are examined through the analysis of the terminology of bareboat charter. The rights and obligations of the parties to the contract are listed, as well their contractual liability related thereto. Other specific provisions of the legal sources for bareboat charter of these countries are identified, e.g. the form and termination of bareboat charter. In conclusion, the similarities and differences of the observed law and legal systems regarding bareboat charter are determined. The analysis identifies specific solutions, whose differences are especially conspicuous when it comes to the legal system of bareboat charter in continental law and Common law.

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Problem stvarnih prava na pomorskom dobru : Bitne novine hrvatskoga pomorskog zakonodavstva

Author(s): Dragan Bolanča / Language(s): Croatian Issue: 169/2015

The extensive text of the article is divided into five parts. The first part is an introduction. The second part is a historical review of the legal status of the maritime domain in the territory of the Republic of Croatia. The author describes various legal acts ranging from Austrian law to the Sea Ports Act of 1995. The third part deals with the period after the coming into force of the Maritime Domain and Seaports Act of 2003. In the fourth part, the author analyses the legislation solutions pro futuro. In the fifth part, the author spells out his concluding remarks. In the article, he emphasises the problem of the protection of property rights acquired on the maritime domain and the objects built on the same domain. Despite the fact that the maritime domain has always had the status of a general demesne, an exception to the impossibility to acquire property rights on maritime domain real estate has been provided in all laws regulating the legal status of his special type of real estate. The author points out that the Maritime Domain and Seaports Act of 2003 has not solved the mentioned problems (art. 118), but has left the issue open. Meanwhile, the draft of the new act anticipates clear and better solutions.

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Pravni problemi morske obale (u svjetlu europskog i hrvatskog prava)

Author(s): Vanja Seršić,Jakob Nakić / Language(s): Croatian Issue: 169/2015

Coast - related legal problems is a paper designed in such a way that it presents current legislation up to Croatian accession to the European Union, and the applicable law after joining the European Union, together with the available jurisprudence of European courts, all in relation to the issue of the coastline as a part of Croatian maritime domain. The paper emphasizes the ignorance or lack of knowledge of the legislator when adopting the regulations concerning the issue of the coast. This has caused inconsistency and confusion in the application of reference regulations and, eventually, the legal uncertainty in this domain in the Republic of Croatia. The paper further indicates possible directions of problem-solving through the implementation of integrated coast management, the anticipation of new solutions, and pointing to the obligation of complying with European legislation, in particular with precedential decisions of competent European courts.In conclusion, it is suggested that our theorists and practitioners, who are engaged in the regulation of the matter that refers to the coast, unfortunately, do not respect the EU rules and jurisprudence, which have become an integral part of our positive law. Thus, the Republic of Croatia has been exposed to the risk of being accused of disrespecting the law by the EU and several interested parties, as well as sanctioned in terms of European jurisprudence, without even being aware of the same risk. Furthermore, seeing the coast as a natural resource that Croatia has by far not used properly is a necessity imposed on Croatia as one debt-ridden country, in case it wishes for economic progress to the country and its inhabitants.

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Uvođenje općeg stvarnopravnog režima na objektima lučke suprastrukture izgrađenim na temelju ugovora o koncesiji

Author(s): Loris Rak,Biserka Rukavina,Olga Jelčić / Language(s): Croatian Issue: 169/2015

The discussion on the working paper of the draft proposals of the new Maritime Domain and Seaports Act repeatedly revives the question of establishing a property rights legal regime to buildings and other structures that were built in the maritime domain on the basis of a concession. While the above possibility has existed since the entry into force of Ownership and Other Property Rights Act, 1997, special laws regulating the maritime domain and sea ports never developed this institute. The authors in this paper analyze the development of the institute and the scope of its possible applications in relation to the objects of port superstructure.

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Odgovornost prijevoznika za štete na tjelesnom integritetu putnika i prtljazi prema odredbama hrvatskog pomorskog zakonika iz 2013. Godine

Author(s): Biljana Činčurak Erceg / Language(s): Croatian Issue: 169/2015

In order to harmonize the legislation with the EU acquis communautaire, there have been significant amendments to the Croatian Maritime Code in 2013, especially in the part relating to the carriage of passengers and luggage. The Maritime Code refers to the application of Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents during the international carriage of passengers and luggage and domestic seagoing voyages with passenger ships of Class A and B, as defined in Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships. Since the provisions of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as well as IMO Reservation and Guidelines for the Implementation of the Athens Convention of 2006, have been introduced in EU Regulation No 392/2009, they will be directly applicable in the Republic of Croatia. In the carriage of passengers and luggage in domestic voyages with passenger ships that do not belong to the class A and B, provisions of the Maritime Code will be applied. This paper analyses the solutions of the Croatian Maritime Code of 2013 on the carrier's liability for damage suffered as a result of the death or personal injury and for damage, shortage or loss of luggage. Because of their interconnectedness, the liability system under the provisions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea is also explained.

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Osiguranje od odgovornosti pomorskog prijevoznika u slučaju nautičke pogreške : Hrvatska rješenja i europski trendovi

Author(s): Ante Vuković,Dejan Bodul,Darijan Štambuk / Language(s): Croatian Issue: 169/2015

The transport of goods by sea has a number of characteristics resulting in a system of risk allocation that cannot be found in the legislation applicable to other models of transportation (air, road, rail and river). In this regard, the notion of nautical fault appears as the basis for the exculpation of carrier from liability for damages. It has a long history in shipping, although it has not been devised to favour the carrier, as it may be inferred by someone less acquainted with the complexities of maritime law. Instead, its aim has been risk distribution between carriers and transport users. It is the goal of this paper to examine the characteristics of the specified legal construct, and on that basis provide the reader with a systematic understanding of the subject matter, with a special focus on the liability insurance of carrier in case of nautical fault. The first part of the paper looks at whether the historical purpose of the notion is still viable today. In this respect, the standpoints of maritime law scholars and insurance industry professionals are considered. Secondly, the type, scope and nature of the specified term in the Croatian maritime law is analyzed, including its placement in the contracts of carrier liability insurance. A caveat: although the Croatian legislation is in focus, it is impossible to ignore the application of its international aspects. Indeed, a failure to illustrate its role would restrict the usefulness of the analytic view this paper seeks to provide. The concluding segment of the paper focuses on a case study of marine accidents brought about by nautical faults of shipmasters. These indicate the need for further reflection on the popular but yet contested notion of nautical fault as the basis for the exemption of carrier from liability in maritime transportation. Has the time finally come for the carriage of goods by sea to be placed on an equal footing with other models of transport, where the carriers are responsible for their own acts and omissions as well as for those of their agents?

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POMORSKO PRAVO : Zbrana dela / Sabrana djela (autor: Đorđe Ivković) (izdavači: Društvo za pomorsko pravo Slovenije ; Hrvatsko društvo za pomorsko pravo, 2013.)

Author(s): Mitja Grbec,Jasenko Marin / Language(s): Croatian Issue: 169/2015

Review of: Maritime Law : Collected works (author: Georgij Ivković) (publishers: Društvo za pomorsko pravo Slovenije ; Hrvatsko društvo za pomorsko pravo, 2013)

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Komunikacja zwykła, pospieszna, przyśpieszona i ekspresowa na gruncie przepisów o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego

Author(s): Adrian Misiejko / Language(s): Polish Issue: 4/2018

Ustawa o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego (Entitlement to Reduced Mass Public Transport Travels Act) does not define definitions that are key to determination scope of entitlement - komunikacja „zwykła”, „pospieszna”, „przyśpieszona” i „ekspresowa”.As a result, public administration and judicary are referring to the rozporządzenie Ministra Transportu, Budownictwa i Gospodarki Morskiej z dnia 10 kwietnia 2012 r. w sprawie rozkładów jazdy (Regulation of Minister of Transport, Construction and Maritime Economy of 10 April 2012 of Transport Timetables) which act regulates that phrases on its own ground. However, this executive act was issued on the basis of another (than ERMPTT Act) law – ustawa - Prawo przewozowe (Transport Law Act), and the delegation appointed in it does not envisage defining that phrases. This raises doubts as to the admissibility of the relevant application of the provisions of the Regulation to the interpretation of the ERMPTT Act.

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Сравнителен анализ на правна същност на привилегиите върху кораба

Author(s): Ana Dzhumalieva / Language(s): Bulgarian Issue: 3/2018

The study attempts to analyze the legal nature of liens on the ship, referred to as maritime liens. There is no definition of maritime liens in our legal doctrine. A comparative analysis has been made with other Marine States and the approaches they adopt regarding liens on ships. Emphasis is also placed on the particularities characterizing the maritime liens and their difference from the mortgage on a ship. The international legal acts that regulate these issues are also discussed.

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Izmjene i dopune Pomorskog zakonika glede ugovora o prijevozu putnika i njihove prtljage morem

Author(s): Marija Pospišil Miler / Language(s): Croatian Issue: 168/2014

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.

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Novine u Zakonu o prijevozu u linijskom i povremenom obalnom pomorskom prometu iz 2013. godine

Author(s): Nikola Mandić,Petra Amižić Jelovčić / Language(s): Croatian Issue: 168/2014

The activity of public transport in liner shipping and occasional coastal maritime traffic is regulated by the Law on Liner Shipping and Occasional Coastal Maritime Traffic. The right to conduct public transport in coastal liner shipping is based on a concession. The award of concessions for public transport in coastal liner shipping is also regulated by the above mentioned Law, based on which subordinate legislation governing the conditions and method of granting concessions for these types of transportation will be enacted. This article presents the novelties that have arisen through the amendments of 2013 to the Law which are in line with the acquis communautaire; it further points out the shortages and problems that may arise in the application of the Law in practice.

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Poredbena analiza uređenja nekih pitanja ovršne prodaje pomorskog broda

Author(s): Dean Vuleta / Language(s): Croatian Issue: 168/2014

Today’s maritime transport is characterized by a strong international element. Therefore, the court must determine the applicable law that is followed through enforcement on the maritime ship. Civil and common law have different interpretations of the legal nature of liens and court proceedings. This is especially true in the case of naval honours and privileges of their order of priority in the settlement, which also affects the status of other creditors, as it is settled before all other claims. In the world today, there is no global unified document that would regulate this matter. Not even the three international conventions that have dealt with the issues of liens so far, have achieved any greater success. This situation of unequal claims classification criteria creates legal uncertainty among stakeholders, especially among creditors. These facts are supported by numerous examples in international jurisprudence of enforcement courts in cases of settlement claims of creditors by forced sale of maritime ships. This situation points to the reasons for strengthening the tendency to harmonize the enforcement of international law as a reflection of efforts to eliminate the differences in the legislation of some countries. In that direction, the CMI (Comité Maritime International) was launched in order to create a unified document, which should regulate the recognition of foreign judicial sales of ships and certain related issues. The provisions of some states that establish an enforceable sale of a ship offered interesting solutions worth analyzing. Some of those provisions provide fertile ground for a high-quality supplement of provisions in the Maritime Code of the Republic of Croatia. Particularly interesting are those that regulate the auction sale of the ship and sanctions for malicious and illegal actions during execution.

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Pravni aspekti gradnje i isporuke broda

Author(s): Zoran Tasić / Language(s): Croatian Issue: 168/2014

Construction of a vessel (shipbuilding) is a very complex project, not only from technical point of view but also from legal and financial point of view. Every shipbuilding project involves a number of areas of law (civil law, maritime law, corporate law, law of financing, insurance law) and different governing laws (law of contract, law of the vessel’s flag, law governing insurances, governing law of supply contracts, classification rules, international laws and conventions). The author writes about certain legal aspects of shipbuilding and delivery of a vessel taking into consideration Croatian and English legal aspects of shipbuilding in Croatian and international shipyards. Although the topic is very complex, the author is setting out some of the most essential provisions of a shipbuilding contract, fundamental rights and obligations of the contract parties, effects of breaches of contractual obligations, legal aspects of vessel’s delivery, the role of classification societies.

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Uzročna veza između bolesti i rada na brodu : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 168/2014

While working on board, the plaintiff manifested a disease and was discharged and treated in hospital. In the course of legal proceedings the plaintiff proved neither having been infected on board with infectious agent that had caused the disease nor that the work on board had caused him the manifestation of the same disease. There is no liability of the shipowner and the employer without existence of causal link between work on board and the onset of the disease.

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Isključiva mjesna nadležnost za sporove iz zakupnih odnosa na brodu : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 168/2014

When a court in the Republic of Croatia has jurisdiction in disputes arising from lease relations over ships, territorial jurisdiction shall exclusively lie with the court on whose territory the registry in which the ship is registered is kept.

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Naknada za uporabu tuđe stvari u svoju korist : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 168/2014

A bareboat charter not concluded in writing shall have no legal effect. Where a person used another person’s ship for his own benefit, the owner may request from the former to compensate for the benefit conferred from the use of the ship.

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Ugovor o pomorskoj agenciji nevaljana odredba općih uvjeta poslovanja : [prikaz presude]

Author(s): Mišo Mudrić / Language(s): Croatian Issue: 168/2014

[subjects:] Maritime Agency Contract – On Behalf and on Account of Principal – Invalid Clause in General Terms and Conditions – Lack of Agent’s Passive Legitimation in Dispute

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Primjena relevantnog međunarodnog instrumenta za utvrđivanje odgovornosti otpremnika za naknadu štete u multimodalnom prijevozu : [prikaz presude]

Author(s): Mišo Mudrić / Language(s): Croatian Issue: 168/2014

[subjects:] CMR Convention – Application of Article 2 CMR – Hague Rules – Conditions Prescribed by Law – Fire on Ro-Ro Vessel – Cause of Damage Inherent to Carriage by Sea – Applicable Law – Applicable Rules – Fire Exemption from Liability

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Ugovor spašavatelja i treće osobe sklopljen u svrhu pružanja usluge spašavanja, i pitanje prisile : [prikaz presude]

Author(s): Mišo Mudrić / Language(s): Croatian Issue: 168/2014

[topics:] BIMCO Supplytime Charterparty – Salvage – Contracting under Duress – Terms and Conditions of Contract Inequitable and Exorbitant – Payment in an Excessive Degree too Large– 1989 International Salvage Convention’s Scope of Application – Definition of Salvage Contracts– Inter-relationship between Salvage Contracts and Third Party Contracts entered into by Salvor – Relationship between Owner and Charter party

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Gubitak prava na ograničenje odgovornosti i gubitak prava na osigurateljno pokriće : [prikaz presude]

Author(s): Mišo Mudrić / Language(s): Croatian Issue: 168/2014

[topics:] Damage to an Underwater Fiber-Optic Cable – Standard of Reckless Behavior with Knowledge that Damage will Probably Result – LLMC Convention – Loss of Right to Limit Liability– Willful Misconduct – Insurance Coverage Exclusion – Comparison and Inter-relationship between Limitation of Liability and Insurance Coverage – Comparison between Loss of Right to Limit Liability and Insurance Coverage Exclusion

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