Izvorni znanstveni članak
https://doi.org/10.21857/ygjwrcjxry
LEGAL RELATIONSHIP BETWEEN MARINA OPERATOR AND CHARTER COMPANY ARISING FROM THE CONTRACT OF BERTH – ANALYSIS OF CROATIAN AND COMPARATIVE COMMERCIAL PRACTICE
Marija Pijaca
orcid.org/0000-0002-0709-376X
; Pomorski odjel Sveučilišta u Zadru, Zadar, Hrvatska
Sažetak
This paper discusses the legal relations between the marina and the charter company
arising from the contract of berth. The terms of the marina and the charter company
are defined and their basic characteristics (classification, categorization, operation under
concession conditions of the marina, conditions and the way of conducting chartering
activities) are specified. Furthermore, the sources of legal relations between the marina
and charter companies in Croatian business practice are analysed (a business cooperation
agreement, a settlement agreement on annual contractual obligations, a berth contract
and a lease contract for a business space in the marina i.e. technical cooperation between
marina and charter company). Apart from the presentation of the content of autonomous
legal sources, the paper also refers to the content of the provisions of general conditions
of the marina business. In addition to the solutions from business practices of the Croatian
marinas, there are also solutions of legal relations between marinas and charter
companies from business practices of several neighboring countries – Spain, Italy and
Slovenia. Reference is made to the lack of statutory legal framework to regulate legal
relations between marinas and charter companies. There is a need to standardize a legal
relationship between the marina and the charter company related to the berth contract.
Ključne riječi
marina; charter company; contract of berth, business cooperation agreement; use of business space in the marina
Hrčak ID:
195420
URI
Datum izdavanja:
28.2.2018.
Posjeta: 1.489 *