Other
Salvage reward - Instruction on the right to modify claim : [case review and a note]
Gordana Gasparini
; Zagreb, Hrvatska
Branko Jakaša
; Zagreb, Hrvatska
Abstract
If the defendant is not at the same time the owner of the ship, salvage reward must be paid by the owner or managing owner of the ship. This obligation is based upon a claim secured by maritime lien rules. This means the plaintiff (salvor of the ship) has the right to claim payment by the sale of the ship if, based upon that title, maritime lien still exists.
If the reward is claimed by the plaintiff from the owner, such claim must be rejected. In this case the court must warn the plaintiff of rejection of the claim, if he does not modify the claim properly.
Court failure to draw a plaintiff's attention is a violation of civil proceedings, even if the plaintiff was represented by a lawyer.
Keywords
case review; salvage of a ship; salvage reward; claim - modifying; court failure;
Hrčak ID:
213851
URI
Publication date:
27.12.1990.
Visits: 525 *