Other
Limitation of operator's liability ; personal fault or neglect of an operator being a judicial person ; constitution of a limitation fund : [case review]
Veljko Vujović
; Zagreb, Hrvatska
Abstract
The operator is responsible for collision and sinking of the other ship if by sailing out of a port he has not used due diligence of an average operator to properly equip the ship for navigation. The ship has not been properly equipped for navigation if she has not been manned with a sufficient number of qualified crew members. The operator cannot invoke the limitation of his liability if he is personally liable for the ship's unseaworthiness. There is no personal fault or neglect of the master of the ship, owned by a cooperative, if the master does not perform a function in the cooperative decisive for the seaworthiness of the ship. If there is a personal fault or neglect of the cooperative, responsible persons are the manager and the official in charge of the safety of working conditions on board the ship. If for a coowner sunken ship all the necessary acts concerning the constitution of a limitation fund have been performed by one of the coowners who is a single co-litigant in the proceedings in relation to the other coowner, his acts are valid for the other coowner who did not at all or did not at the time or in due way perform these acts relating to the limitation fund.
Keywords
case review; ship operator's liability; limitation of liability; ship operator - personal fault; limitation fund; sinking of ship; master of a ship - personal fault; ship's unseaworthiness; ship ownership;
Hrčak ID:
209793
URI
Publication date:
20.12.1991.
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