Original scientific paper
The means of transport in Croatian and in comparative Private International Law
Vilim Bouček
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Abstract
This article offers an analysis of the special conflict of law rule for the means of transport contained in Art. 18 (3) of the Croatian Private International Law Act (Cro-PIL-A) which, within the frame of a real statute, determines applicable law. This provision, created in the 1970s, needs new and modern de lege lata and de lege ferenda interpretations as well. By providing a teleological interpretation of Art. 18 (3) of the Cro-PIL-A and by analysing modern comparative private international law provisions in German, Austrian, Hungarian, Swiss, Belgian, Spanish, Korean and some other legal systems, the author concludes that “the means of transport” as a legal concept and object of connection of the conflict of law rule should be interpreted more extensively. It should include not only watercraft (vessels) and aircraft, but also railway vehicles. On the other hand, motor vehicles, as is usually the case in the comparative PIL, should be submitted under the general provision of the lex situs rule, contained in Art. 18 (1) Cro-PIL-A. With respect to the modern comparative PIL provision, especially in the German and Spanish legal systems, modern trends in European law (Directive 2004/49 EC of 29 April 2004 on the Railway Safety), and modern traffic conventions, i.e. Arts. 3 and 4 ATMF Appendix G to the COTIF Convention of 9 May 1980 in the Version of the Protocol of Modification of 3 June 1999, the author draws the conclusion that “the means of transport” in Article 18 (3) of the Cro-PIL-A, which includes railway vehicles, should be governed by the law of the state of admission or the law of the state of registration.
Keywords
means of transport; real statute; private international law
Hrčak ID:
20417
URI
Publication date:
18.1.2008.
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