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Subject matter jurisdiction in settling disputes of insurer of the charterer against freight forwarder and ship operator arising from the damage on containers owned by the insured

Vesna Skorupan Wolff orcid id orcid.org/0000-0002-1591-7247 ; Jadranski zavod HAZU, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 207 Kb

str. 122-124

preuzimanja: 140

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Sažetak

The charterer (the insured) transferred to the insurer all the rights referring to damages
sett led on the grounds of damage on containers occurred during transport by ship, in
order to ensure payment by third parties. Thereby, the insurer (the plaintiff ) entered into
legal relationship with the defendants regarding the damages arising from the contract
on the carriage of goods (containers), concluded with freight forwarder and ship operators.
This dispute carries the marks of an indemnity dispute arising from the concluded
commercial contract. The contract was concluded between persons performing commercial
activity. Considering the att ributes not only of the defendants themselves, but also of
the charterer who transferred to the insurer all the rights arising from the said harmful
event, the competence in this case lies with the commercial court.

Ključne riječi

Hrčak ID:

166995

URI

https://hrcak.srce.hr/166995

Podaci na drugim jezicima: hrvatski

Posjeta: 304 *