Preliminary communication
https://doi.org/10.7225/toms.v12.n02.015
Comparison of Contracts on Business Cooperation on Maritime Domain in Nautical Tourism Ports and Lease Agreements
Miho Baće
orcid.org/0009-0000-9877-1388
; University of Dubrovnik, Maritime Department, Dubrovnik, Croatia
Nikola Mandić
; University of Split, Faculty of Maritime Studies
Abstract
The paper discusses the contract on business cooperation on maritime property in the ports of nautical tourism in the context of named and unnamed contracts, the scope of freedom of contract in the context of the concession contract as a "fundamental" contract, as well as the method by which the contract on business cooperation is qualified in the Croatian legal system. This contract is apostrophised in the context of mixed contracts and sui generis contracts as types of contracts that are not regulated by law. The acceptance of the provisions of the lease agreement as a named contract in Croatian legislation in business practice when concluding a business cooperation agreement is examined, as well as the similarities of these two agreements. The aim of the paper is to use the comparative law method to complete knowledge about the positioning of business cooperation contracts on maritime property in nautical tourism ports in the context of named and unnamed contracts, i.e. mixed and sui generis contracts, and to determine the appropriateness and compatibility of the lease contract with the business cooperation contract.
Keywords
Secondary activities; Business cooperation agreement; Concession agreement; Lease agreement; Maritime domain; Concessionaire; Business entity; Lessor; Lessee; Named and unnamed contracts
Hrčak ID:
310100
URI
Publication date:
21.10.2023.
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