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The ship master vested with apparent authority to represent the ship owner

Jakša Barbić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 128 Kb

str. 15-33

preuzimanja: 1.082

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Sažetak

The legal grounds for representation of the ship owner are considered. It is noted that apparent authority is one of the ways how to represent ship owner as well as other commercial subjects.

The economic needs for accepting the ways of representation in business relations as have been developed in the commercial practice is pointed out. Good reasons for such an approach are mentioned. How this has been solved in Croatian law during the last half of the century is presented accompanied by the conclusion that more or less the same rule has been always applied in spite of several large legal reforms that took place in the past. The rule applied in Croatia corresponds in full to the same one in other legal systems.

The court decisions according to which certain types of representatives vested with apparent authority have been recognised are presented as well as the criteria for their authority to represent the company. It is pointed out that the reasoning of participants in the certain branch of commerce and the protection of third persons in good faith are the relevant test for existing of such an authority. It is considered under which conditions the internal limits of power to represent the company could be effective against third parties.

The authorities of the ship master especially those to represent the ship owner are considered. Author comes to the conclusion that ship master is vested with the apparent authority to represent the ship master in the matter of the ship under his command. The same rules that apply for other persons vested with the apparent authority to represent the company have to be applied for the ship master too. His mentioned authority to represent the ship owner now implemented in the relevant national maritime laws as a rule developed in the maritime practice all over the world do not change the legal nature of his authority as mentioned above.

Ključne riječi

ship master; representation; apparent authority

Hrčak ID:

20393

URI

https://hrcak.srce.hr/20393

Datum izdavanja:

18.1.2008.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.854 *