Recenzija, Prikaz slučaja
Privremene mjere zaustavljanja broda [= Provisional measure of arrest of ship] (author J. Marin) (Zagreb, 2003) : [book review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
This book deals with one of very important and the most controversial problems of maritime law - ships that may be arrested in respect of maritime claim. The author divided subject matter of this book into the following parts: lntroduction, Generally on Arrest of Ships, Legal Regulation of the Problem at the International Level, Legal Regulation of the Problem under the Croatian Maritime Code, Legal Regulation of the Problem in Comparative Law, Conclusion and Appendices (contain Croatian translations of the 1952 Convention and 1999 Convention). After the Introduction in which the author points out the importance and the purpose of the scientific analysis of this subject follows the part in which he writes generally on arrest of ships, such as the definition of arrest, its legal history, conditions for arrest, claims for which arrest may be requested as well as the court jurisdiction in arrest proceedings. Subject of the third part of the book is legal regulation of the arrest of ships at the international level. In that part the author elaborates on the rules of the 1952 Arrest Convention, and on 1999 Arrest Convention. He examines all important questions relating to the scope of application of the two conventions as well as on the connection between the nationality of the ship and the possibility of its arrest under the 1952 Convention or 1999 Convention and the immunity of the state-owned and state-operated ships. Particular chapters of this part are devoted to the arrest of the ship in respect of which the maritime claim arose, arrest of ''sister-ship'', arrest of the ship when a person liable for the maritime claim is not the owner. Two significant questions, also analyzed in this part, are the problem of ship arrest for claims secured by maritime lien or mortgage, and the question of re-arrest and multiple arrest. At the end of this part the author compares similar provisions of the above-mentioned conventions. The 4th Chapter deals with legal regulation of the problem under the Croatian Maritime Code. In this part the author analyzes the relevant provisions of the 1994 Croatian Maritime Code. He concludes that the Croatian Maritime Code follows the solutions of the 1952 Convention, and suggests some amendments in order to improve the legal regulation of the subject of ship that may be arrested according to Croatian maritime law. In the 5th chapter the author explains when a ship may be arrested in various countries and analyzes in detail how his subject matter is regulated in comparative law. Finally, Chapter 6 recapitulates the main point of the problem which has been dealt with throughout the book. The author concludes that the possibility of the arrest of a particular ship depends on some important circumstances such as the legal regulation of the matter in arresting country, nature of the maritime claim, connection between the ship and the claim, identity of the person liable, limitation of liability as well as on the special position of the ships belonging to State. He puts emphasis on the necessity of the global uniformity in this important area of maritime law.
Ključne riječi
book review; arrest of ship; provisional measures;
Hrčak ID:
41998
URI
Datum izdavanja:
12.8.2004.
Posjeta: 1.429 *