Spor o námořní půjčku

Author(s): Marie Šedová / Language(s): Czech Issue: 1/2001

The article points aut problems that may occur in the interpretation of sources of Roman Law, using a particular fragment (Scaevola D. 45, 1, 122, 1) from Digest as an example. The problems can be solved if they are approached not solely within the province of legal Romance studies but also from the viewpoint of other disciplines such as classical philology, history, etc. The interpretation of sources is then a typical example of an interdisciplinary approach. Still, we ha­ve to admit that many a question remains unanswe­red.

Judical sales of ships - A rocky road to unification

Author(s): Gordan Stanković,Petar Kragić,Danijela Vrbljanac / Language(s): English Issue: 175/2021

The purpose of this paper is to point out the main goal of unification with regard to the international recognition of legal effects that arise upon the judicial sales of ships. The paper seeks to briefly outline the most significant provisions of the CMI draft of the International Convention on Foreign Judicial Sales of Ships and their Recognition, summarise the CMI’s efforts in trying to find an appropriate forum to serve as a vehicle to transform this draft into an international convention, and provide a summary of the drafting work carried out so far by UNCITRAL.

Pleasure navigation berthing contracts under Croatian law

Author(s): Adriana Vincenca Padovan,Vesna Skorupan Wolff / Language(s): English Issue: 175/2021

The paper analyses the new legislative solution regulating berthing contracts as a new nominate contract under Croatian law. The authors examine the relevant new provisions of the Maritime Code which were introduced by the Act on Amendments to the Maritime Code of 2019. The paper deals with the definition of the contract, its basic features, essential elements, the obligations and liabilities of the contracting parties, and other salient features of berthing contracts. It also explains the background of the legislative proposal to introduce special provisions on berthing contracts into the Maritime Code and elaborates on the preparatory work preceding the proposal. The authors support the new legislative solution as an important step forward towards higher legal certainty in the field of nautical tourism, which is considered to be of strategic economic interest to the Republic of Croatia.

Svjetionici - pravni status i upravljanje de lege lata i de lege ferenda

Author(s): Iva Tuhtan Grgić / Language(s): Croatian Issue: 175/2021

Situated along the Croatian coastline, in the area outside the ports, there are 50 lighthouses which, in accordance with the provisions of the Maritime Code and the Plovput Act, are managed by the company Plovput d.o.o. According to the current legislation, the legal status of lighthouses is in doubt, which in practice makes it difficult to properly manage these valuable facilities of importance for the safety of navigation in the Adriatic. The Ministry of the Sea, Transport and Infrastructure has formed a working group to draft a proposal for amendments to the Plovput Act. One of the objectivesof amending the Act (or passing a new one) is to ensure better management of lighthouses, given their importance for the safety of navigation, but also for their traditional and cultural values. The prerequisite for achieving this goal is the clear regulation of the legal status of lighthouses.This paper provides an overview of the existing legal framework which could apply to lighthouses, and highlights the divergent practice among the State Attorney’s Office, the courts and the Maritime Property Boundary Commission regarding their legal status. It seeks to offer proposals for possible solutions to regulate the legal status, to determine the lighthouse area and registration in the cadastre and land registers and to give guidelines for drafting a legal framework for the management of lighthouses. Additionally, given that Plovput d.o.o. has concluded contracts for the restoration and lease, or contracts for lease, of 17 lighthouses, a model is proposed to regulate the rights and obligations arising from such contracts.Finally, the issue is raised of the suitability of the new or amended Plovput Act for regulating these questions.

Application of regulation 1177/2010 in Croatia ‒ What more can be done for passengers with disabilities and passengers with reduced mobility?

Author(s): Petra Amižić Jelovčić,Dragan Bolanča / Language(s): English Issue: 175/2021

Persons with disabilities and persons with reduced mobility face discrimination every day. Although great effort has been made during the last decade towards improving their position, there is still room for progress. The European Union (EU) adopted Regulation 392/2009 and Regulation 1177/2010 in order to enhance the protection and rights of passengers while in transport by sea. Regulation 392/2009 incorporates the relevant provisions of the 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea 1974. It also contains some additional provisions aiming to obtain complete uniformity within the EU as well as to ensure suitable protection for passengers. Regulation 1177/2010, on the other hand, establishes rules for sea and inland waterway transport whose main goal is to achieve the non-discrimination of passengers with regard to transport conditions offered by carriers and non-discrimination and assistance for persons with disabilities and persons with reduced mobility. Bypassing these acts, the EU has provided comprehensive protection for passengers in carriage by sea, giving special consideration to persons with disabilities. The Republic of Croatia has harmonised Croatian legislation on the maritime carriage of passengers with Regulation 392/2009 by amending its Maritime Code in 2013, while solutions from Regulation 1177/2010 were incorporated in Croatian legislation through the Amendments to the Act on Transport in Liner and Occasional Coastal Shipping, also in 2013. At the end of 2019, new amendments to this Act were adopted, further improving the rights of persons with disabilities and persons with reduced mobility.

Investigations of maritime accidents involving passenger ships in the Republic of Croatia

Author(s): Biserka Rukavina,Axel Luttenberger / Language(s): English Issue: 175/2021

The paper elaborates on national provisions regulating the conduct of safety and administrative investigations for marine casualties and incidents in the Republic of Croatia. On 5 November 2015, the Government of the Republic of Croatia adopted the Regulation on the Methods and Conditions for Conducting Safety Investigation of Marine Casualties and Incidents, which transposes in the legal order of the Republic of Croatia Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliamentand of the Council. The conducting of administrative investigation in the Republic of Croatia is regulated by the Ordinance on the Methods, Requirements and Powers for Conducting Administrative Investigation of Marine Casualties enacted in 2016. Unlike safety investigation, administrative investigation is conducted to collect evidence and data for detecting the perpetrator of a maritime accident and to ascertain his/her misdemeanour and criminal responsibility. The authors present the outcomes of safety and administrative investigation procedures to effectively establish the circumstances and causes of such casualties and incidents for the purpose of improving maritime safety and reducing the risk of future casualties involving passenger ships and preventing pollution from ships.

Odgovornost naručitelja (krcatelja) prema prijevozniku kod prijevoza stvari morem

Author(s): Dragan Bolanča / Language(s): Croatian Issue: 175/2021

In this paper, the author analyses the liability of the charterer (shipper) towards the carrier in the carriage of goods by sea. He compares the Croatian legislative solutions (the Maritime Code 2004) with international conventions (the Hague Rules 1924, the Hamburg Rules 1978 and the Rotterdam Rules 2009). The author considers that the charterer (shipper) is presumed not to be liable as a basic principle, but would in some cases be responsible for damage on the basis of proven fault or strict liability.

Granice pomorskog dobra i lučkog područja : Legislativno uređenje i problematika u praksi

Author(s): Sanja Ljubetić / Language(s): Croatian Issue: 175/2021

The paper discusses issues regarding the determination of boundaries of the maritime domain and port area. Despite the well-known disadvantages of the domestic law in this matter, an attempt is made to answer the question of the relevant moment of determining the status of real estate as a maritime domain. This answer should serve as a relevant fact for further action of the competent authorities regarding legal relations related to that real estate. For this purpose, the normative regulation of the determination of boundaries of the mainland component of the maritime domain and port area is analysed, with its application in practice. An overview of the latest case law is given and an analysis is made of the impact of such case law on the existing relations on the maritime domain and port area, especially with regard to ports of special purpose. The final part of the paper analyses the current situation, and a solution to the existing issues is proposed for the purpose of ensuring consistency and legal certainty.

Croatian Register of Ships : History and latest updates

Author(s): Diana Jerolimov / Language(s): English Issue: 175/2021

Over the years the system of registration of ships and mortgages in Croatia has passed through significant modifications, all of them made with the intention to ensure the attractiveness of the Croatian Register of Ships and boost the competitiveness of Croatian shipping.With the latest 2019 Act on Amendments to the Maritime Code1 (hereinafter: Amendments) the system of ship registration has completed its long development, from a complex court-administrative procedure to a simple and expeditious one. In the past, the system was organised through separate registers for respective types of maritime objects (craft). Eight Harbour Master Offices, located in eight Croatian ports, had jurisdiction for ship registration and for keeping the Register Books. The Amendments organised the Register as a unified and centralised register, kept in electronic form for all types of maritime objects (navigational, floating and fixed) and maritime objects in construction, excluding war ships and ships constructed for the Armed Forces of the Republic of Croatia or foreign armed forces. The shipowner or the operator or manager of a ship in international trade or the owner or charterer of a yacht of 24 metres or over in length sailing internationally can register a ship or yacht in any Croatian port regardless of the location of its principal place of business.The concept of hypothec/mortgage was developed from “the contractual right of pledge on a ship” equivalent to the civil law hypothec, into the hypothec on a ship adopted in the 2004 Maritime Code, which confers upon the creditor the same rights as an English mortgage.The recognition of documents in English eliminates the need for translation into Croatian formerly required for registration. Now, the procedure for the registration and deletion of ships and mortgages is simple and expeditious.

Subrogacijski zahtjev osiguratelja : [prikaz presude]

Author(s): Vesna Skorupan Wolff,Adriana Vincenca Padovan / Language(s): Croatian Issue: 175/2021

Upon the insurer’s payment of indemnity under the insurance contract, all claims of the insured against the person liable for damage shall be assigned to the insurer by virtue of law, up to the amount of the indemnity paid.

Vezanost suda pravomoćnim rješenjem upravnog tijela : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 175/2021

The court is bound by a legally effective decision of a competent administrative body which determined the reasons for the occurrence of disability. The legally effective decision established that the loss of working ability was due to illness. In civil proceedings for damages, the court is not authorised to examine the correctness of the decision on issues decided by a final administrative decision, specifically to examine whether the loss of ability to work is caused by an occupational disease.

ИСТОПОЛНА ЗАЈЕДНИЦА - СЛОВЕНАЧКО ПРАВНО УРЕЂЕЊЕ И ЈАВНОСТ

Author(s): Božidar Veljković / Language(s): Serbian Issue: 1/2006

Aim and purpose of this work is to examine the role of same-sex partnership within organization and functioning of modern society. Justification (or opposition) of introduction of this new insitution has been checked against theoretical examination of relevant contemporary argumentation. The empirical part deals with the disposition of a part of Slovenian public towards the institution of what law labels as `same-sex partnership'. The article examine to what extent the same-sex partnership represents a functional social requirement and pre-legal relationship. The author also warns against the wrong application of articles 14, 53 and 55 of the Constitution of the Republic of Slovenia to said institution. The article further examines legal consequences and deficiencies of already legalized homosexual relationship, and offers proposals for remedying such deficiencies. Research carried out in the region of Celje shows that young populace are not concerned about formal legal standing of homosexual minority, and that they are intolerant and even hostile towards them.

Др Миленко Крећа, ПРАВО МОРА - НАУЧНО ИСТРАЖИВАЊЕ МОРА И ПРЕНОС ПОМОРСКЕ ТЕХНОЛОГИЈЕ ’’Научна књига”, Београд, 1990, стр. 281

Author(s): Nenad Đorđević / Language(s): Serbian Issue: 4/1991

Cel badania przyczyn i okoliczności wypadków morskich

Author(s): Michał Małczyński / Language(s): Polish Issue: 9/2021

The purpose of the article is to prove that undertaking research into the causes and circumstances of maritime accidents has a significant impact on increasing the level of maritime safety. State Marine Accident Investigation Commission, unlike the judicial authorities, does not seek to find those responsible for a marine accident or incident. The Commission’s main task is to prevent future maritime accidents and incidents. The author of the article will also highlight the role of preventive recommendations issued by the PKBWM and the need to create a safety culture.

Navigația maritimă fără echipaj: unele particularități

Author(s): Kris Bernaw / Language(s): Romanian Issue: 01-02/2021

În prezent, tema navigației maritime fără echipaj a făcut deja obiectul multor publicații exploratorii, care dovedesc de altfel un larg consens. De aceea, această contribuție își propune (i) să amintească succint aspectele pertinente ale problematicii, (ii) să ridice unele aspecte mai degrabă ignorate, necunoscute sau uitate, (iii) să expună ultimele dezvoltări în inițiativele legislatorului în materie și în sfârșit (iv) cu titlu de inspirație să respingă o imagine asupra situației în celelalte moduri de mobilitate.

Међународноправно регулисање космоса и морског пространства ‒ осврт на поједине аспекте правног субјективитета човјечанства

Author(s): Matej Savić / Language(s): Serbian Issue: 22/2021

In this paper, the author analyzes open issues regarding the status of humankind in International Law, pointing out particular problems related to its international legal personality, primarily from the angle of the Law of the Sea and the Cosmic Law. A special place in this paper is dedicated to international regulations in the field of the Law of the Sea and Cosmic Law in which there is no possibility of establishing sovereignty, where states, as basic subjects of International Law, do not have exclusive competencies. The idea of humankind as a subject of International Law is primarily viewed from the angle of particular areas of International Law in which states are not exclusive holders of rights and duties. Humankind is analyzed as a specific and, above all, abstract concept in International Law.

Autonomous Surface Vessels and Colregs: Considering the Amendments

Author(s): Mišo Mudrić,Fausto Ferreira / Language(s): English Issue: 176/2022

Unmanned vessels have been receiving increasing attention over the past few years. In the research and development sector, Autonomous Surface Vessels have been used for over a decade with different degrees of autonomy. The most advanced vessels are already (circum) navigating the oceans, and the question is raised to what extent they are aligned with relevant international maritime legislation. Currently, there is a noted lack of concrete legal clarification on how to adapt Autonomous Surface Vessels to legal instruments such as the 1972 Convention on the International Regulations for Preventing Collisions at Sea (COLREGs). This paper examines to what extent a fully Autonomous Surface Vessel can comply with a possible amended version of COLREGs. The analysis is conducted from legal and technical perspectives.

The Impact of CMA CGM Libra on the Allocation of Risk in a Maritime Adventure

Author(s): Marija Pospišil / Language(s): English Issue: 176/2022

In this article, the author analyses the impact that the decision in the CMA CGM Libra case may have on the allocation of risk in a maritime adventure. With the adoption of the Hague Rules a century ago, a compromise was reached between the carrier’s interests and the cargo interests in relation to a carrier’s obligation to exercise due diligence to make the ship seaworthy and the defences available to the carrier, “error in navigation” being one of them. As the decision in CMA CGM Libra differs from the traditional understanding by the shipping industry of the division of responsibility under the Hague Rules and given that the decision extends the carrier’s seaworthiness obligation at the commencement of the voyage, changing the previously understood position, the outcome of the case and the decision of the Supreme Court on this very important issue of allocation of risk between the carrier and the cargo interest were awaited with great interest by the entire shipping industry.

Mjerodavno pravo za pomorske privilegije i države otvorenog upisnika

Author(s): Irena Nišević / Language(s): Croatian Issue: 176/2022

The nationality of ships as a point of contact to determine the applicable law for maritime liens has lost its importance, due, among other things, to the widespread use of open registries. The unification of legal rules relating to the registration of ships and to the determination of the applicable law for maritime liens has not sufficiently achieved its goals. As a result, the application of various points of contact from State practice does not contribute to the legal protection of the status of claimants to the maritime liens. Therefore, it is suggested to refer to the law of the closest connection for maritime liens through the application of the escape clause.

Utvrđivanje granice pomorskog dobra de lege lata i de lege ferenda

Author(s): Goran Vojković / Language(s): Croatian Issue: 176/2022

The maritime domain in the Republic of Croatia has a special legal status – it represents a common good, res extra commercium, so it is outside the ownership regime and is managed by the Republic of Croatia according to special regulations. Such a definition of maritime domain, which includes the sea coast, has great consequences for its overall use, protection and economic activities, which must be performed on the maritime domain under special regulations based on a concession or concession approval. Although the demarcation of the maritime domain in the field is extremely important, in practice it is extremely slow and is done only upon request – which leads to serous legal uncertainty. For more than 30 years since its independence, the Republic of Croatia has not had a precisely defined border to its maritime domain. Therefore, the existing model for determining the boundary of the maritime domain on the ground needs to be modernised and a goal must be set – determining the boundary of the maritime domain on the entire Croatian coast, which would not only legally harmonise the situation, but also increase legal certainty. The existing literature on the maritime domain speaks of the legal nature of the maritime domain, border demarcation, economic use, and other aspects, but not enough is written about the organisational and procedural preconditions for extensive work to be done on delimiting the maritime domain in the Croatian Adriatic.