Case report

The conclusion of the contract of berth and custody of the vessel by implied consent : [court's decision review]

Vesna Skorupan Wolff orcid.org/0000-0002-1591-7247 ; Jadranski zavod HAZU, Zagreb, Hrvatska

Abstract

It may not be supposed that the contract of deposit was concluded – as claimed by the plaintiff
– by implied consent of the plaintiff, who did not take over the vessel after a set time limit,
and the defendant, who moved the vessel to another berth. The defendant’s behaviour and
request to the plaintiff to take over the vessel, as well as moving the vessel to another, less safe
berth after the plaintiff had failed to take over the vessel within the set time limit, showed no
elements of readiness for concluding the contract of the custody of the vessel. Lack of readiness
on the part of the defendant to conclude the contract of deposit implies that the parties have
not concluded the contract of the custody of the plaintiff’s vessel.

Keywords

vessel on bert; contract of berth; contract of deposit of the vessel; decision of the court

Hrčak ID:

190236

URI

https://hrcak.srce.hr/190236

Publication date:

27.11.2017.

Article data in other languages: croatian

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