Review article
AMENDMENTS TO THE MARITIME CODE IN RESPECT OF THE CONTRACT OF CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA
Marija Pospišil-Miler
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
The Act on Amendments to the Maritime Code was adopted at the 8th session of the Croatian
Parliament held on 26 of April 2013 and entered into force on 18 May 2013. In respect of the
contract of carriage of passengers and their luggage by sea, the amendments have been made
in order to harmonize the Maritime Code with the Regulation (EC) 392/2009 of 23 April
2009 on the liability of carriers of passengers by sea in the event of accidents that already
includes provisions of the 2002 Athens Convention relating to the Carriage of Passengers and
their Luggage by Sea and of the 2006 IMO Reservation and Guidelines for Implementation of
the Athens Convention, as well as with the Regulation (EC) No 1177/2010 of 24 November
2010 concerning the rights of passengers when travelling by sea and inland waterway and
amending the Regulation (EC) No 2006/2004.
This paper analyses the provisions of the Act on Amendments to the Maritime Code in respect
of the contract of carriage of passengers and their luggage by sea, especially those on the
carrier’s liability for the death of and personal injury to a passenger. These provisions are
incorporated in the Maritime Code in connection with its harmonization with the Regulation
(EC) 392/2009 and the 2002 Athens Convention, which was ratified by the Republic of Croatia
on 1 February 2013 and enters into force on 23 April 2014. These are significant amendments
introducing strict liability of the carrier, higher limits of liability and compulsory
insurance of liability for the death of and personal injury to a passenger caused by a shipping
incident. This will undoubtedly have far-reaching legal and economic effects on the carriage
of passengers by sea in the Republic of Croatia.
Keywords
liability of the carrier for the death of and personal injury to a passenger; limitation of liability; compulsory insurance
Hrčak ID:
137492
URI
Publication date:
20.12.2014.
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