Review article
APPLICABLE LAW TO NON-CONTRACTUAL LIABILITY FOR DAMAGE IN INLAND WATER TRANSPORT – CROATIAN SOLUTIONS DE LEGA LATA AND DE LEGE FERENDA
Biljana Činčurak Erceg
; Faculty of Law in Osijek
Abstract
Although inland water transport is considered to be one of the safest transportation ways, accidents i.e. injuries can happen there. The Drava, the Danube and the Sava rivers, which flow through Croatia, are waterways of international importance and border rivers at the same time. Consequently, there is always a great possibility of an international dispute. Examples of noncontractual liability for damage comprises liability for death and physical injuries, damage to objects (damage of banks, breakwaters, port facilities, floating objects etc.), pollution of river environment and vessel collision.
The paper analyzes regulations in applicable law to non-contractual liability for damage in inland water transport according to applicable legal sources of inland transport and international law of persons. The most important links have also been dealt with as well as advantages and disadvantages of particular solutions. Since one of the essential issues of the legal framework regarding inland water transport is non-uniformity of regulations and numerous legal voids, this work conveys suggestions for changes i.e. amandments to national legislation.
Keywords
Inland waters; non-contractual liability for damage; applicable law; links; water transport
Hrčak ID:
134390
URI
Publication date:
30.12.2012.
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