THE CONCEPT OF COURT COMPETENCE RATIONE MATERIAE IN MARITIME DISPUTES

DE LEGE LATA ANALYSIS

Abstract

This paper provide linguistic and teleological interpretation of the provision of Article 34b, paragraph 1, item 6 of the Civil Procedure Act, which prescribes that commercial courts have competence ratione materiae to adjudicate in maritime disputes, and applies the competentia ratione cause criterion to define which disputes
are deemed to be maritime disputes. Professional literature available does not set out precise guidelines (theoretical and practical) on the proper application of this provision. This is probably one of the causes of frequent conflict of competence ratione materiae between municipal and commercial courts that has arisen from application of this provision. In addition to the paper being focused on explanation of the concept of
competence ratione materiae pursuant to the said provision, its task is to describe and comment on the relevant court practice in maritime disputes, where the issue has been raised concerning the court competence ratione materiae. The aim of the paper is to provide guidelines for correct interpretation of the contents of specific components of the competentia ratione cause criterion: (a) disputes relating to ships; (b) disputes relating to navigation on the sea and (c) disputes governed by maritime law (maritime disputes) and, on the basis of that, to define precisely which disputes, in accordance with Article 34b, paragraph 1, item 6 of the Civil Procedure Act, come within the competence of commercial courts.