Pregledni rad
THE MARITIME CARRIER’S LIABILITY FOR THE LOSS SUFFERED AS A RESULT OF THE DEATH OF OR PERSONAL INJURY TO A PASSENGER
Tea Hasić
; Fakultet ekonomije i turizma „Dr. Mijo Mirković“, Sveučilište Jurja Dobrile u Puli
Sažetak
The purpose of this paper is to present (from critical point of view, where required) international, regional and domestic legislation regarding the maritime carrier’s liability for the loss suffered as a result of the death of or personal injury to a passenger. In the introduction, the historical process of regulating the above mentioned matter is presented in order to highlight the factors making this area so complex to govern. The contract of carriage of passengers by sea is defined with the purpose of identifying basic rights and duties of the contracting parties and determining the legal nature of the carrier's liability for the loss suffered as a result of the death of or personal injury to a passenger. The analysis of legal sources is based on a survey of the 2002 Athens Convention as „a step forward“ in comparison with the 1974 Athens Convention concerning the improvement of legal position and safety of the passengers. Furtheron, the Regulation (EC) 392/2009 – implementing provisions of the 2002 Athens Convention and IMO Reservation, thus making them mandatory for all EU Member States since 31 December 2012, is discussed. Finally, Croatian Maritime Code provisions regulating the liability of maritime carrier for death of or personal injury to a passenger are analyzed. In conclusion, the author's statements over the legal regulation de lege lata and several suggestions de lege ferenda (especially in terms of the Croatian Maritime Code) are presented.
Ključne riječi
Contract on carriage of passengers by sea; liability of the carrier for the loss suffered as a result of the death of or personal injury to a passenger; the Athens Convention 2002; Regulation (EC) 392/2009
Hrčak ID:
145489
URI
Datum izdavanja:
30.4.2015.
Posjeta: 2.910 *