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Preliminary communication

Why is the term "ship's operator" no longer necessary in the Maritime Code?

Velimir Filipović


Full text: croatian pdf 78 Kb

page 555-565

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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

https://hrcak.srce.hr/6445

Publication date:

5.12.2006.

Article data in other languages: croatian german

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