Ostalo
The insurance of cargo for the damage occured during the maritime transport : [case review and a note]
Veljko Vujović
; Zagreb, Hrvatska
Sažetak
In order to become entitled to claim against the ship operator for the compensation of the amount paid to the insured on the basis of the subrogation, the insurer has to prove that he has paid the insurance money to the consignee.
If the insurer has paid the damages to some other person, he has to prove that he has received from the consignee the document of assignment entitling him to claim from the ship operator the compensation of the insurance money.
Namely, the insurer has insured the damage to cargo which occured during the transportation. On this basis the legal relationship exists only between the ship operator and the consignee, excluding the third party even if the third party is the owner of the cargo.
Notwithstanding the provision of Article 218 of the [Croatian] Law on Obligations according to which the person who made the payment for someone else can claim from him the compensation of the paid amount only if the other was legally obliged to that payment, the insurer who paid damages on the basis of insurance contract is entitled to claim the compensation of the insurance money from the person who caused the damage.
Ključne riječi
case review; insurance of cargo; carriage of goods by sea; damage to cargo in maritime transport;
Hrčak ID:
203198
URI
Datum izdavanja:
22.12.1994.
Posjeta: 925 *