Original scientific paper
https://doi.org/10.21857/m8vqrtg279
Applicable Law for Maritime Liens and Open Registries
Irena Nišević
orcid.org/0000-0002-8763-8159
; Jadranski zavod Hrvatske akademije znanosti i umjetnosti, Zagreb, Hrvatska
Abstract
The nationality of ships as a point of contact to determine the applicable law for maritime liens has lost its importance, due, among other things, to the widespread use of open registries. The unification of legal rules relating to the registration of ships and to the determination of the applicable law for maritime liens has not sufficiently achieved its goals. As a result, the application of various points of contact from State practice does not contribute to the legal protection of the status of claimants to the maritime liens. Therefore, it is suggested to refer to the law of the closest connection for maritime liens through the application of the escape clause.
Keywords
proprietary rights on ships; maritime liens; open registries; nationality of ships; lex fori; lex causae; the law of the closest connection
Hrčak ID:
290089
URI
Publication date:
27.12.2022.
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