Original scientific paper
Wreck Removal in the Croatian law de lege lata and de lege desiderata
Vesna Skorupan Wolff
; Adriatic institute, Croatian academy of arts and sciences, Zagreb, Croatia
Abstract
The author gives a detailed analysis of the provisions of the Maritime Code, the relevant by-laws and provisions of the civil law being applied according to the principle of subsidiarity, and also studies the positive legal regulation of the wreck removal.
Croatian law equalizes both notionally and by its legal effects the wreck removal and salvaging. The paper gives an outline of the legal situation de lege lata and investigates the problems involved.
A comparison is made of the current positive legal regulation of the wreck removal and earlier legal regulation using special provisions for such cases. Relevant provisions of international harmonization acts in this fi eld are presented and analysed. The author
analyses in detail the introduction of a regulation for the removal of wrecks in accordance with the International Convention on the Removal of Wrecks and subsequently tries to specify the task of the Croatian legislator. The author considers it very useful that some of the modern solutions contained in the International Convention on the Removal of Wrecks have been incorporated in Croatian
law. It is suggested that the Republic of Croatia should become a party to this International Convention and extend the application of the provisions of this Convention to the wrecks located within its territory, including the territorial sea.
Keywords
wreck removal; salvaging; wreck; compulsory insurance; International Convention on the Removal of Wrecks
Hrčak ID:
54999
URI
Publication date:
28.6.2010.
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