Izvorni znanstveni članak
Persons on the side of the ship in the contract of carriage of goods by sea
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
In this paper the author analyzes the provisions of the Hague and Hamburg conventions and the new Draft Instrument on Transportation Law that determines the position of the carrier. The central issue in this paper is the identification of the carrier in Croatian Maritime Code de lege lata and de lege ferenda. This paper discusses which persons can appear as a carrier, and whether Croatian law has provided adequate standards for this problem. For understanding the complex relations between the contractual parties that arise in concluding and fulfilling a contract is necessary to know the legal nature and taxonomy
of the contract. This is particularly examined in our work with special reference to some theoretical dilemmas, and theoretical opinions. There is discussion of the obligations and rights of the carrier, its legal character, and a description of how it participates in the risks and benefits that arise from the use of the ship for the purpose of transportation of goods by the sea. Particularly analyzed are solutions and new regulations proposed in the Draft of the Croatian Maritime Code and current court practice is discussed. In the Croatian Maritime Code, a positive evaluation is given to the introduction of the concept 'carrier' as the party in the carriage contract. This brings the Maritime Law up to date and closer to the solutions in international unification instruments. It is stressed that priorities for analysis lie in an ongoing monitoring of the quality (the adequacy and adaptation) of the standards and their realistic ability to cover the factual forms that are created in practice.
Ključne riječi
carrier; ship operator; shipowner; charterer; contract of carriage of goods by sea; Croatian Maritime Code
Hrčak ID:
42017
URI
Datum izdavanja:
1.12.2003.
Posjeta: 1.730 *