Professional paper
Contract on maritime agency
Vojislav Borčić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
The Croatian Maritime Code represents a great improvement in the regulation of the contract on maritime agency. That makes the Croatian legislation one of the very few in Europe which regulate this special contract and the maritime agents' status in maritime codes. Such a contract completely differs from the similar contracts of commercial or civil law. The maritime agents' activities are the basic elements of the contract, being defined in the Code as services of representation, mediation and assistance to the principals in the marine field. Some services such as the clearance of ships and mediation in concluding contracts of employment of ships, are underlined.
The principal duties and rights of maritime agents are regulated, particularly the duty to declare their professional capacity and the right to ensure advances to cover their fees and expenses. If explicitly authorized, the maritime agent may sign a contract of employment of ships for and on behalf of both contracting parties.
A maritime agent invested with a general authorization has a higher authority. According to the Code, the Ministry competent for the maritime business brings the rules on the conditions required to perform the activity of maritime agents.
The problem of maritime agents has been discussed today by some international organizations as the UNCTAD, which has brought the Minimum standards for shipping agents, as well as by the CMI and FONASBA, which have been working on guidelines for performance of maritime agents' activities and preparing for this purpose quiestionnaires about the actual stage of this important part of maritime business.
Keywords
contract on maritime agency; maritime agent - status; maritime agency - legislation; maritime agents' acitivities; contract of employment of a ship;
Hrčak ID:
203184
URI
Publication date:
22.12.1994.
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