Case report
Exclusive Territorial Jurisdiction: Legal Characterisation of the Merits of the Dispute - Delay in Returning the Boat after Termination of the Rental Contract
Vesna Skorupan Wolff
Abstract
The plaintiff states that the dispute he initiated concerns the property-law relationship regarding the unlawful and bad-faith possession of a boat, the law-of-obligations concept of unjust enrichment, and non-contractual liability for damages suffered by the plaintiff due to the unlawful and bad-faith use of another person’s (his) property for the defendant’s benefit and, in a broader sense, lost profits resulting from the use of the boat without a valid legal basis. He considers that exclusive territorial jurisdiction to decide the dispute lies with the court within whose jurisdiction the register is maintained. He relies on Article 57, paragraph 1 of the Civil Procedure Act, which prescribes that in disputes concerning ownership rights and other rights in rem regarding a vessel, as well as disputes arising from vessel lease agreements, where a court in the Republic of Croatia has jurisdiction, the court in whose territory the register containing the vessel’s entry is maintained has exclusive territorial jurisdiction. The court concluded that the plaintiff had incorrectly characterised his claim by invoking the provisions of Article 1120 of the Obligations Act and Article 165, paragraph 1 of the Act on Ownership and Other Property Rights. This is a dispute governed by maritime law, and the relationship between the parties is subject to Article 673.g of the Maritime Code, as the plaintiff bases his claim on the existence of a contractual
relationship arising from a boat rental contract and on the alleged delay in returning the boat following the termination of that contract. Consequently, the court ruled that there is no exclusive territorial jurisdiction of the court within whose territory the register in which the small craft is entered is maintained.
Keywords
Hrčak ID:
353370
URI
Publication date:
12.11.2026.
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