Izvorni znanstveni članak
The maritime law institute of wreck removal - conceptual considerations and the critics of the legal regulation in the Croatian maritime law
Adriana Vincenca Padovan
orcid.org/0000-0003-0013-1820
; Jadranski zavod HAZU, Zagreb, Hrvatska
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
The authors elaborate on issues of conceptual nature related to the institute of wreck removal. Following a detailed analysis and an interpretation of the relevant terminology, the institutes of recovery of sunken objects, wreck removal and the law of finds are studied comparatively. The elements of congruency, similarities and
differences among respective institutes are extracted and analyzed in detail, with a special accent on the key elements crucial for the distinctiveness of each of the institutes.
The problems present in the legal regulation of wreck removal in the domestic positive law are tackled. The authors point at the deficiencies in the implementation of the Nairobi Wreck Removal Convention 2007 into the national legislation. The conclusion is that regulating wreck removal within the provisions of the Maritime Code applicable to salvage represents an erroneous approach of the legislator. The authors emphasize that the inconsistent use of relevant terminology in the national legislation and the absence of a number of key provisions regarding respective subject matters lead to unnecessary terminological problems and to major legal difficulties.
Ključne riječi
wreck; wreck removal; salvage at sea; sunken objects - recovery; finds; Nairobi Convention on Wreck Removal; Croatian Maritime Code;
Hrčak ID:
77059
URI
Datum izdavanja:
28.12.2011.
Posjeta: 2.569 *