Preliminary communication
Why is the term "ship's operator" no longer necessary in the Maritime Code?
Velimir Filipović
Abstract
The term "ship's operator" as a pivotal person was introduced into the Yugoslav maritime law in the mid-twentieth century. The ship's operator is a ship-owner who was in charge of the maritime enterprise. Although in Yugoslavia all the ships weighing over 50 tons were nationalized (according to the Soviet model), legislators believed that specific features of the Yugoslav model should be pointed out. The objective was to show that Yugoslavia had neither Western-type private property, nor state ownership characterizing the East, but the "people's ownership" or "social ownership". As a result, the ship's operator became the holder of this ownership. The author shows errors in the definition of the concept and its comprehensiveness.
The term "ship's operator" has been unjustifiably retained in the new Croatian Maritime Code, where it should be replaced by the term «ship-owner».
Keywords
ship's operator, ship-owner; contract of carriage; 2004 Maritime Code
Hrčak ID:
6445
URI
Publication date:
5.12.2006.
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