engleski

Differences in Contracting of Harbour, Coastal and Ocean Towage

Taking into account the area where it is performed, towing at sea covers harbour, coastal and ocean towage. Harbour towage includes towage in the area of a harbour and its anchorage, coastal towage takes place outside of the harbour, in other parts of inland seawater, in the territorial sea and in well protected channels, while ocean towage is done in the ocean area. Each type of towage has its own specifics of contracting: from very simple contracting of harbour and coastal towage, with several provisions on the rights and obligations of the contracting parties, to a complex contractual relationship such as ocean towage, with a range of rights and obligations of the contracting parties. However, what is specific about ocean towage contracting is the regular use of standard contract forms with pre- printed contents of the provisions. Examples of such standard contracting are BIMCO's standard towage forms: TOWHIRE 2008 and TOWCON 2008. The purpose of this study is to determine the specifics of contracting of harbour, coastal and ocean towage and to determine the content of the articles of agreement for each type of towage. The goal of this paper is to ascertain the differences in the manner of contracting the towing and in the contents of the rights and obligations of the contracting parties regarding particular types of towage. It is concluded that the rights and obligations of the contracting parties regarding harbour, coastal and ocean towage contracts have been created in accordance with the complexity of the type of contracted towage.

Harbour towage ; Ooastal towage ; Ocean towage ; TOWHIRE 2008 ; TOWCON 2008

This paper is a result of the author’s research under the research project of the Adriatic Institute of the Croatian Academy of Sciences and Arts, titled Challenges in the Legal Regulation of Seaports considering Application of the European Union Law and National Legal Tradition (project period: 1st January 2020 – 31st December 2021).