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Transactions on Maritime Science, Vol.06 No.01 Travanj 2017.

Izvorni znanstveni članak
https://doi.org/10.7225/toms.v06.n01.004

Role of P&I Insurance in Implementing Amendments to Maritime Labour Convention 2014

Ranka Petrinović ; University of Split, Faculty of Maritime Studies, Split, Croatia
Ivana Lovrić ; University of Split, Faculty of Maritime Studies, Split, Croatia
Trpimir Perkušić   ORCID icon orcid.org/0000-0003-4561-9926 ; University of Split , Faculty of Law, Split, Croatia

Puni tekst: engleski, pdf (166 KB) str. 39-47 preuzimanja: 102* citiraj
APA
Petrinović, R., Lovrić, I., Perkušić, T. (2017). Role of P&I Insurance in Implementing Amendments to Maritime Labour Convention 2014. Transactions on Maritime Science, 06(01). doi:10.7225/toms.v06.n01.004

Sažetak
Maritime Labour Convention (MLC), 2006 stipulates mandatory financial security for repatriation costs (Standard A 2.5), and contractual compensations related to death or longterm disability of seafarers due to an occupational injury, illness or hazard (Standard A 4.2) that is to be provided by the shipowner. However, financial security system set in the MLC was prescribed very broadly and insufficiently precise and, therefore, it opened a number of questions and doubts. Among others, the following questions are particularly interesting: what the legal nature of the MLC financial security is; from the insurance standpoint, whether this is life or accident insurance, or it is liability insurance; who has an insurable interest and what the nature of that interest is; which document proves fulfilment of MLC requirements. Due to the necessity of improving financial security provisions, in 2014 Amendments to the MLC were adopted that came into force in January 2017. Although the MLC does not explicitly prescribe a system of compulsory insurance, with the third injured party the right to a direct claim (actio directa) towards the liability insurer, marine insurance given its characteristic, appeared as a very suitable method of fulfilling MLC requirements – especially P&I insurance. All the clubs within the International Group of P&I Clubs have agreed to assist their members (shipowners) in complying with these additional financial security requirements under the Amendments to the MLC and issue MLC Certificates to their members. MLC Certificates refer to the MLC Extension Clause, 2016 and thus subject the insurance to conditions and limitations in the said clause. MLC Extension Clause provisions will be added to clubs P&I Rules which form the standard P&I cover.

Ključne riječi
Maritime Labour Convention 2006; Amendments of 2014 to the MLC; Repatriation; Abandoned seafarers; Shipowners contractual liability; Financial security; P&I Clubs; MLC Extension Clause; Regulations on the implementation of the Maritime Labour Convention 2006

Hrčak ID: 180071

URI
http://hrcak.srce.hr/180071

Posjeta: 176 *