A boat sales receipt produces the legal effects of a valid sales contract. The receipt is a document proving the ownership of a boat on the basis of which an entry is made in the register of boats.
The court is bound by a legally effective decision of a competent administrative body which determined the reasons for the occurrence of disability. The legally effective decision established that ...the loss of working ability was due to illness. In civil proceedings for damages, the court is not authorised to examine the correctness of the decision on issues decided by a final administrative decision, specifically to examine whether the loss of ability to work is caused by an occupational disease.
The plaintiff is the user of a berth, the owner and last peaceable possessor of the yacht. The defendant is the marina operator providing berth for the yacht. The court found that the defendant ...disturbed the plaintiff’s last peaceable possession of the yacht by lifting the yacht from the sea berth without the plaintiff’s consent and by placing it in a dry berth, removing the starboard propeller from the yacht and preventing the plaintiff from using the yacht and from keeping it in possession in the manner he had done so until the yacht was removed to a dry berth. In the opinion of the court, the fact that the defendant moved the yacht to a dry berth due to the plaintiff’s non-payment of berth fees does not stop such an action from being unlawful. The defendant had the right to initiate court proceedings against the plaintiff rather than unilaterally changing possession. Arbitrary possession is prohibited by Article 20, paragraph 1 of the Act on Ownership and Other Real Rights.
Inspection of the implementation of regulations pertaining to navigational safety shall be conducted by navigational safety inspectors from the Ministry of the Sea, Transport and Infrastructure of ...the Republic of Croatia and port authorities. Inspectoral duties pertaining to the inspection of the implementation of provisions concerning navigational safety include inspection of the construction of facilities in the territorial sea and internal waters or on their shores with regard to their impact on navigational safety.
The marina shall not be held responsible and shall not be liable for any damage incurred by the vessel or any of the vessel’s parts or equipment in the case of any third party’s act or failure to ...act. The user of the berth shall be required to ensure that the vessel is moored at a safe distance from the pier, that the vessel is provided with side and stern fenders, and that stern mooring lines are provided and maintained for the vessel.
The shipowner shall be liable for any damage caused by the physical injury or death of a crew member or due to the health impairment that the crew member suffered at work or in connection with work ...on board due to the absence of conditions for safe work unless the shipowner provides evidence that the crew member caused damage intentionally or due to gross negligence.
A motorboat moving in a prohibited manner, i.e. navigating at a distance of less than 300 metres from the coast, shall be regarded as a dangerous thing in regard to a diver in the sea and shall be ...liable regardless of its fault.
Upon the insurer’s payment of indemnity under the insurance contract, all claims of the insured against the person liable for damage shall be assigned to the insurer by virtue of law, up to the ...amount of the indemnity paid.
Novelom PZ-a iz 2013. godine sustavno i cjelovito uređeni su instituti vađenja i uklanjanja podrtina i potonulih stvari. Primjenom zakonskih odredbi u petogodišnjoj praksi određena zakonska rješenja ...pokazala su se manjkavima, a neka neodgovarajućima. Pored toga, nakon što je Hrvatska postala stranka WRC-a potrebno je provesti cjelovitu implementaciju WRC-a u PZ. Zbog tih razloga pristupilo se izradi prijedloga izmjena i dopuna glave VI. dijela VIII. PZ-a koja normira vađenje i uklanjanje podrtina i potonulih stvari. Cilj ovog rada je prikazati i obrazložiti predložene izmjene i dopune PZ-a koje se odnose na institute vađenja i uklanjanja podrtina i potonulih stvari te uz svaku objasniti njezin cilj i učinak. Prije analize svakog pojedinog prijedloga izmjene i dopune tumače se zakonska rješenja za taj institut ili pravno pitanje de lege lata te se ukazuje na razloge zbog kojih je potrebno derogirati ili novelirati određenu zakonsku odredbu. Autorica zaključuje da novi zakonski prijedlozi predstavljaju unaprjeđenje postojećih zakonskih rješenja. Smatra da će novelirane odredbe kada stupe na snagu pružati odgovarajući pravni okvir za učinkovitije postupanje s podrtinama i potonulim stvarima te plovnim objektima ostavljenima na kopnenom dijelu pomorskog dobra.
The paper analyses the new legislative solution regulating berthing contracts as a new nominate contract under Croatian law. The authors examine the relevant new provisions of the Maritime Code which ...were introduced by the Act on Amendments to the Maritime Code of 2019. The paper deals with the definition of the contract, its basic features, essential elements, the obligations and liabilities of the contracting parties, and other salient features of berthing contracts. It also explains the background of the legislative proposal to introduce special provisions on berthing contracts into the Maritime Code and elaborates on the preparatory work preceding the proposal. The authors support the new legislative solution as an important step forward towards higher legal certainty in the field of nautical tourism, which is considered to be of strategic economic interest to the Republic of Croatia.
PDF