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Original scientific paper

General and special limitation of liability for maritime claims in the recent decisions of foreign courts

Jasenko Marin orcid id orcid.org/0000-0002-6050-6981 ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


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Abstract

The paper discusses recent judicial practice dealing with the interpretation and application of international treaties regulating general and special limitation of liability for maritime claims. The introductory chapter explains the economic and legal purpose of this institute. It also gives an overview of the conventions and protocols regulating this subject at the international level. The great importance of this institute regarding the development of shipping and international trade is particularly emphasized. Recent court decisions related to the interpretation of the controversial provisions of international treaties governing this matter have been critically analyzed.
The author presents his own conclusions about the current quality of the legal regulation of this institute, observes the tendencies of its future development, and proposes the necessary measures for its further upgrade.

Keywords

limitation of liability, maritime law, international conventions and protocols, carriage of goods by sea, Hague Rules (1924), Convention on Limitation of Liability for Maritime Claims (1976),

Hrčak ID:

77058

URI

https://hrcak.srce.hr/77058

Article data in other languages: croatian

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