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Trespassing on a yacht at berth : [case review]
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The plaintiff is the user of a berth, the owner and last peaceable possessor of the yacht. The defendant is the marina operator providing berth for the yacht. The court found that the defendant disturbed the plaintiff’s last peaceable possession of the yacht by lifting the yacht from the sea berth without the plaintiff’s consent and by placing it in a dry berth, removing the starboard propeller from the yacht and preventing the plaintiff from using the yacht and from keeping it in possession in the manner he had done so until the yacht was removed to a dry berth. In the opinion of the court, the fact that the defendant moved the yacht to a dry berth due to the plaintiff’s non-payment of berth fees does not stop such an action from being unlawful. The defendant had the right to initiate court proceedings against the plaintiff rather than unilaterally changing possession. Arbitrary possession is prohibited by Article 20, paragraph 1 of the Act on Ownership and Other Real Rights.
Keywords
case review; yacht at berth; trespassing on a vessel
Hrčak ID:
266029
URI
Publication date:
25.11.2021.
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