Original scientific paper

https://doi.org/10.7225/toms.v04.n01.001

The Application of the General Provisions of the Obligatory Relations Act to Maritime Contracts

Blanka Ivančić-Kačer ; University of Split, Faculty of Maritime Studies
Vitomir Raić ; University of Split, Faculty of Maritime Studies, Split, Croatia

Abstract

This paper is an in-depth analysis of a seemingly uncomplicated legal relationship. The relationship between two very significant acts - the Obligatory Relations Act and the Maritime Code, out of which the Obligatory Relations Act certainly falls under the category of general and the Maritime Code of special acts. The complexity stems from the fact that the Maritime Code although, in essence, determined by international agreements, is likewise relevant for establishing whether a provision of the Obligatory Relations Act, although unregulated either by the Maritime Code or binding international agreements, is acceptable for application in maritime contracts. In other words, it is a matter of the application of a provision of the Obligatory Relations Act to maritime contracts “in an appropriate manner”.

Keywords

Law; Conflict of laws; Interpretation; Agreements; Maritime contracts

Hrčak ID:

138017

URI

https://hrcak.srce.hr/138017

Publication date:

20.4.2015.

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