Izvorni znanstveni članak
https://doi.org/10.21857/ypn4oc17d9
General limitation of shipowner's liability : Amounts of limitation increased by tacit acceptance and their application in the Republic of Croatia
Dorotea Ćorić
orcid.org/0000-0002-7080-7972
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
The paper gives a brief overview of the amendments to the IMO Conventions through the tacit acceptance procedure. The reason for writing this paper was the ruling of the Commercial Court in Split pertaining to the establishment of the limitation of the liability fund. The operator of the m/s “STI POPLAR“ (port of registry, flag and nationality of the Marshall Islands) sought to limit its liability for damage to port property (installation) caused by STI POPLAR at the Port of Ploče on 5 August 2018. The question arose as to what limits of liability, under Croatian law, should be applied in this case – whether the amounts prescribed by a national act or those prescribed by a relevant unification instrument which is binding for the Republic of Croatia. The operator argued that the limitation fund should be calculated according to the limits set out in Art. 391, para. 1(2) of the Croatian Maritime Code (the amounts correspond to those in the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC). The creditors disagreed and argued that the limitation fund should be set up according to the limits under the 1996 Protocol as increased by the tacit acceptance procedure, taking into account that both the Marshall Islands and the Republic of Croatia are parties to the Protocol. The limits of liability under the 1996 Protocol as increased by the Protocol’s tacit acceptance procedure were recently raised by about 50%. The new limits, accepted under the tacit acceptance procedure, were adopted by the IMO Resolution of 2012 effective from 8 June 2015 and applied automatically in the States parties to the 1996 LLMC Protocol. Taking into account that this is a dispute with an international element, the court accepted the allegations of the creditors and approved the establishment of the limitation fund according to the new limits that came into force in June 2015 through the Protocol’s tacit amendments procedure.
Ključne riječi
tacit acceptance; unification; limitation of liability; international treaty;
Hrčak ID:
249759
URI
Datum izdavanja:
28.12.2020.
Posjeta: 2.006 *