Recenzija, Prikaz slučaja
Ugovori o prijevozu putnika i prtljage morem [= Contract of carriage of passengers and passenger's luggage by sea] (author J. Marin) (Zagreb, 2005.) : [book review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
This book deals with one of very important problems of maritime law - contracts relating to the carriage of passengers and their luggage by sea.
The author divided subject matter of this book into the following parts:
Introduction. The author points out the importance of the carriage of passengers and their luggage by sea, and he explains the purposes and methods of the scientific analysis of the subject.
Part I – Contract of carriage of passengers by sea. All important questions related to this topic are analyses. The author elaborates on the definition of the contract, sources of Croatian law governing this type of contract, rights and duties of contracting parties, importance
of the passenger ticket, time bar, jurisdiction, applicable law etc. Particular chapter is devoted to the most important question – liability of the carrier for damage suffered as a result of the death of or personal injury to a passenger. All mentioned topics are elaborated with regard to the solutions of Croatian internal laws: 2004 Maritime Code and 1978 Law on Obligations. However, the most comprehensive
chapters of this Part are devoted to the legal regulation of the ''passenger contract'' at the international level. The author separately elaborates on the rules of the 1961 International convention for the unification of certain rules relating to carriage of passengers by sea as well as on the rules of 1974 Athens Convention relating to the carriage of passengers and their luggage by sea, including chapters dealing with 1976, 1990 and 2002 Protocol to the Athens Convention. Conventions and Protocols regulating global liability of the shipowner are also analyzed in this part of book, because of their important influence upon the system of liability for death of or personal injury to a passenger.
Part II – Contract of carriage of passenger's luggage by sea In this Part the author deals with the definition of this type of contract, explains the difference between ''cabin luggage'' and ''other luggage'', and also elaborates on rights and obligations of the contracting
parties. The central chapter of this book is devoted to the carrier's liability for the loss of or damage to luggage as well as to his liability for the late delivery of the luggage. Special attention is drawn to the regulation of this subject matter at the international level. Author particularly analyzed relevant rules of the Athens Convention with respective Protocols.
In the Part III author deals with legal regulation for the liability for damage occurring during the carriage of passengers and their luggage by sea in comparative law. This Part provides overview of internal laws governing liability for damage suffered by a passenger in 20 different states.
The topic of the fourth part of book is contract of carriage of passengers and their luggage by air, railway and road. This Part contains elaboration on the important questions related to the carriage of passengers and their luggage in air and land transport. Special attention is drawn to the liability of the carrier.
In conclusion remarks the author places emphasis on the fact that the legal regulation of the carriage of passengers has been subject to important changes at the internal (Croatian) and international level. 2004 Maritime Code increases the limits of carriers liability according to the 1990 Protocol to Athens Convention. That Code also increases the
limits of global shipowner's liability concerning passenger physical integrity according to the 1996 Protocol to the 1976 Convention.
The author concludes that the trend toward strengthening passenger's legal position is obvious. However, the global uniformity of the law governing carriage of passengers by sea has not yet been achieved, due to different economic interests of various countries.
Appendix contains an overview of the ratification status (by countries) for maritime conventions and protocols that regulate carriage of passengers and their luggage by sea.
The book is written clearly and concisely. It is a valuable work in the field of maritime law. We recommend it to everyone who has a practical or academic interest in this important subject of maritime law.
Ključne riječi
book review; carriage of passengers by sea - contracts;
Hrčak ID:
9957
URI
Datum izdavanja:
22.9.2005.
Posjeta: 2.392 *