Review article
the LIABILITY OF THE CARRIER FOR DAMAGE ON THE PHYSICAL INTE GRITY OF PASSENGERS AND TO LUGGAGE UNDER PROVISIONS OF THE CROATIAN MARITIME CODE OF 2013
Biljana Činčurak Erceg
orcid.org/0000-0002-8303-7524
; Pravni fakultet Sveučilišta J. J. Strossmayera u Osijeku
Abstract
In order to harmonize the legislation with the EU acquis communautaire, there have been
significant amendments to the Croatian Maritime Code in 2013, especially in the part relating
to the carriage of passengers and luggage. The Maritime Code refers to the application of
Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability
of carriers of passengers by sea in the event of accidents during the international carriage of
passengers and luggage and domestic seagoing voyages with passenger ships of Class A and
B, as defined in Directive 2009/45/EC of the European Parliament and of the Council on
safety rules and standards for passenger ships.
Since the provisions of the Protocol of 2002 to the Athens Convention relating to the Carriage
of Passengers and their Luggage by Sea, 1974, as well as IMO Reservation and Guidelines for
the Implementation of the Athens Convention of 2006, have been introduced in EU Regulation
No 392/2009, they will be directly applicable in the Republic of Croatia. In the carriage
of passengers and luggage in domestic voyages with passenger ships that do not belong to the
class A and B, provisions of the Maritime Code will be applied.
This paper analyses the solutions of the Croatian Maritime Code of 2013 on the carrier's liability
for damage suffered as a result of the death or personal injury and for damage, shortage
or loss of luggage. Because of their interconnectedness, the liability system under the provisions
of the Athens Convention relating to the Carriage of Passengers and their Luggage by
Sea is also explained.
Keywords
carrier's liability for damage; physical integrity of passengers; luggage; Athens Convention relating to the Carriage of Passengers and their Luggage by Sea; Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents; Croatian Maritime Code
Hrčak ID:
144407
URI
Publication date:
8.9.2015.
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