Other
Costs of raising a sunken ship ; competence of a court for determining a right to limit liability : [case review]
Andrija Eraković
Abstract
According to the Yugoslav law, the institution of court proceedings has the effect that other proceedings in the same matter cannot be started, although the first ones are being held in front of a foreign court. Legal effects of proceedings held in front of a foreign court are to be judged according to the law of the state seized of the case. The same is valid for the proceedings concerning the right of limitation of liability of the person liable. The fact that the proceedings concerning the right of limitation of liability are non-litigious proceedings, whereas the proceedings for determining a right to limit liability are litigious proceedings, is not decisive for the existence of court proceedings. This question has to be settled according to the law of the state in which the proceedings for the limitation of liability are instituted. If the sunken ship has been coowned and the proceedings for the limitation of liability have been instituted at the request of only one coowner, the question whether these proceedings concern the coowner who has not requested the proceedings has to be settled according to the law of the state seized of the case. Costs of raising a coowned sunken ship shall be borne by all coowners in proportion to their share in the coownership. If the ship has sunk in the Yugoslav coastal sea, the Yugoslav law applies without regard to the nationality of the owner. The person who carried out the raising has the right to compensation for damage. This person does not have to raise the ship himself and by his own means, but can do that at the request of the person entitled and due to take care of the raising of the ship. The competent maritime authority decides in administrative proceedings whether the raising of the ship was necessary or not. The result of these proceedings binds the court. A Yugoslav court is competent for deciding in cases relating to a ship sunk in the Yugoslav coastal sea, but this competence is not exclusive. If a claim for compensation of damage is concerned, there is no legal relationship between the claimant and the insurer, so that the insurer is not bound to bear the costs of raising claimed for. While raising the ship, care should be taken to incur only the necessary expenses. Costs concerning the informing of mass media about the raising of the sunken ship are not the costs of the raising of the ship and the person who carried out the raising does not have the right to them.
Keywords
case review; sunken ship - raising; competence of a court; limitation of liability; coownership of a ship;
Hrčak ID:
209748
URI
Publication date:
20.12.1991.
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