Izvorni znanstveni članak
https://doi.org/10.21857/yq32oh4j79
APPLICATION OF NON-CONTRACTUAL LIABILITY OF SHIPOWNER AND SHIP OPERATOR PRESCRIBED BY THE MARITIME CODE ON YACHTS AND BOATS
Dorotea Ćorić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
This paper provides a short overview of the basic forms of non-contractual liability
prescribed by the Maritime Code. Considering that the prescribed forms apply to all
vessels, in this paper special attention is given to the problem of determining the liable
persons in cases of liability for damage caused by a yacht or a boat. It is pointed out that
the current regulations regarding nautical tourism, especially the ones regulating the
activity of renting yachts and boats, use different terms and definitions regarding persons
on the side of the yacht and the boat which makes it more difficult to determine which of
them can be the bearer of liability. With the interest of protecting potential injured parties,
in particular marinas and other nautical tourism ports, the author proposes changes and
additions to the Maritime Code regarding the determination of liable persons on the side
of the yachts and boats. Finally, the author stresses that, if applied, the proposed changes
and additions would contribute to clearer and more accurate interpretation and application
of legal provisions and contribute to achieving legal certainty, as well.
Ključne riječi
non-contractual liability; charter company; pollution; damage to property; yacht; boat
Hrčak ID:
195372
URI
Datum izdavanja:
28.2.2018.
Posjeta: 2.654 *