Other
Subject matter jurisdiction in settling disputes of insurer of the charterer against freight forwarder and ship operator arising from the damage on containers owned by the insured
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The charterer (the insured) transferred to the insurer all the rights referring to damages
sett led on the grounds of damage on containers occurred during transport by ship, in
order to ensure payment by third parties. Thereby, the insurer (the plaintiff ) entered into
legal relationship with the defendants regarding the damages arising from the contract
on the carriage of goods (containers), concluded with freight forwarder and ship operators.
This dispute carries the marks of an indemnity dispute arising from the concluded
commercial contract. The contract was concluded between persons performing commercial
activity. Considering the att ributes not only of the defendants themselves, but also of
the charterer who transferred to the insurer all the rights arising from the said harmful
event, the competence in this case lies with the commercial court.
Keywords
Hrčak ID:
166995
URI
Publication date:
27.7.2016.
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