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The application of fiduciary transfer of ownership on ships : [case review and commentary note]
Dorotea Ćorić
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The Decision deals with the problem of application of fiduciary transfer of ownership on ships. Part X of the Croatian Maritime Act (CMA) (Official Gazette of the Republic of Croatia, No. 17/1994, No.74/1994 and No.43/1996) deals with the enforcement proceedings and security measures on a ship and its cargo. Unless stipulated otherwise by the provisions of CMA on enforcement proceedings and security measures on ships and cargo, the same proceedings shall be subject appropriately to the provisions of general enforcement proceedings concerning the proceedings on enforcement and security (Article 878(5)). The new Law of Execution (Official Gazette of the Republic of Croatia, No. 57/1996), which became effective after the enactment of CMA, has not radically changed the system of enforcement proceedings and security measures, although, it introduced some new security measures. One of them is fiduciary transfer of ownership. The court decided that fiduciary transfer of ownership according to Article 878(5) of CMA correspondingly could be applied on ships.
Keywords
case review; fiduciary transfer of ownership; security measures on ship and cargo; Croatian Maritime Act;
Hrčak ID:
115375
URI
Publication date:
20.11.1999.
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