Ostalo

Real competence with regard to the capacity in which a party to the dispute acts and not with regard to the type of the dispute in question : [case review]

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

Sažetak

The provision of Article 161, paragraph 4 (Croatian Maritime Code) should be interpreted extensively. According to this provision the real competence of commercial courts is stipulated in respect of all disputes between members of a ship crew and the ship operator, as well as in respect of disputes between the ship master and the ship operator, and not only in respect of disputes between these persons aimed at obtaining compensation of physical injury or death. Consequently, the real competence shall lie with the commercial court. Real competence is stipulated by the quoted provision with regard to the capacity in which a party to the dispute acts, and not with regard to the type of the dispute in question.

Ključne riječi

case review; capacity of legal persons; court's real competence; ship crew - injury or death;

Hrčak ID:

16609

URI

https://hrcak.srce.hr/16609

Datum izdavanja:

1.8.2007.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.863 *