Izvorni znanstveni članak
Legal regulation of bareboat charter in Croatian law
Vesna Skorupan Wolff
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
This paper analyses the legal regulation of demise charter (bareboat charter) in the Republic of Croatia. The provisions of the Maritime Act on the demise charter of vessels are analysed and discussed in detail, as are other subsidiary sources of the valid domestic law and in particular the provisions of the Law on Obligation dealing with lease, and its general provisions.
In the first part of the paper, the definitions of the bareboat charter and of the contractual parties are explained. In order to better understand the very complex relations between the contractual parties arising when entering and exercising a contract, the legal nature of that contract and its main components are analysed in detail.
The central part of the paper analyses in depth the rights and obligations of the contractual parties and points to all the important issues impacting on their scope and content. Within this broader issue, the parties’ contractual liability is examined, as well as the way in which the parties participate in the risks and benefits arising from the bareboat charter as a form of its exploitation. The paper also deals with the contractual relations of the parties to the contract arising from the subcharter contract.
In the conclusion, various changes are recommended related to the valid regulation of the bareboat charter with respect to the content and terminology in the provisions of the Maritime Act. Such changes could contribute to a better regulation of the bareboat charter in the Croatian law de lege ferenda.
Ključne riječi
bareboat charter (charter by demise); shipowner; charterer; vessel; navigation; rights; obligations; contractual liability; subcharter of a vessel
Hrčak ID:
20430
URI
Datum izdavanja:
18.1.2008.
Posjeta: 3.259 *