Review article
https://doi.org/10.31141/zrpfs.2024.61.152.299
Comparative analysis of the legal regulation of contracts on nautical berths in the Maritime Code and storage space contracts in the Civil Obligations Act
Miho Baće
orcid.org/0009-0000-9877-1388
; Pomorski odjel Sveučilišta u Dubrovniku
Abstract
In 2019, the Croatian legislation made amendments to the Maritime Code, which, for the first time, regulated nautical mooring contracts, aligning with Croatian business practices. This caused some disruption in the contracting process, leaving parties without a clear contractual framework and legal protection. To resolve this disorder, the legislator introduced a new standard contract in the Croatian maritime law by standardizing the nautical berth contract in the Code. Prior to 2019, Croatian legislation did not significantly impact the content of nautical berth contracts. The nautical berth contract has now become a standard contract in Croatian law, forming the basis of nautical business as a distinct contractual form. This type of contract is regulated by law, and its content is characterized by specific features, distinguishing it from other contracts, particularly with the general terms and conditions of marinas. In practice, contracting a nautical berth always involves accepting the general terms and conditions of the marina, allowing the future user to negotiate and establish special contractual agreements. Croatian judicial practice has clearly indicated the strong connection between the contract for a nautical berth and the contract for storage. The primary objective of this paper is to demonstrate how the legal regulation of nautical berths in the Code has incorporated elements of storage from the Civil Obligations Act. This comparison aims to provide clear guidance for practitioners on when to apply the principles and provisions of storage in cases of non-standardization or sub-standardization in certain specific circumstances. The research will assess the similarities between the essential components of the storage contract and the legal definition of the nautical berth contract.
Keywords
contracts on nautical berths; contracts on strorage; keeping vessels; important contents of contracts on mooring; important contents of contracts on strorage
Hrčak ID:
319126
URI
Publication date:
30.6.2024.
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