engleski

A Comprehensive Analysis and Assessment of the Content of Business Cooperation Agreements and Contracts of Berth between Marinas and Charter Agencies

The basic aim of this paper is to research business cooperation agreements and contracts of berth between marinas and charter agencies by analysing the rights, obligations and responsibilities of the contracting parties and to assess the various aspects of their content. The data on the number of marinas and registered charter agencies have been determined through an analysis of the business practices of Croatian marinas. The paper refers to the legal framework applicable to this type of legal relationship. Taking into consideration the fact that legal sources mainly allow the contracting parties to independently regulate their mutual relationships, this paper will try to provide answers to the following questions. Should legal sources contain provisions dealing with the legal matters of business cooperation agreements and contracts of berth between marinas and charter agencies? Are there, when entering into business cooperation agreement or a contract of berth between marinas and charter agencies, unspoken rules sufficient to enter into and carry out said agreement/contract? The importance of the analysis set out in the paper can be seen primarily in the role and importance of marinas and charter agencies for nautical tourism in Croatia. The services provided by nautical tourism essentially formulate the core of the business activities carried out by marina and charter agencies. Thus, when these two parties enter into a business cooperation agreement or a contract of berth, all of the core business objectives are met. Therefore, it is logical to give due attention to business cooperation agreements and contracts of berth between marinas and charter agencies. However, an analysis of the existing research has shown that this topic has not been sufficiently studied in the Croatian scientific literature, and that it has been marginalized in legal theory and in the comprehension of legal doctrines and principles.

Marinas, Charter Agencies, Bussiness Cooperation Agreements, Contracts of Berth

Ovaj je rad rezultat istraživanja u okviru znanstvenoistraživačkog projekta Jadranskog zavoda Hrvatske akademije znanosti i umjetnosti pod nazivom Razvoj suvremenog pravnog i osigurateljnog režima za hrvatske marine – unapređenje konkurentnosti, siguranosti, sigurnosne zaštite i zaštite morskog okoliša (DELICROMAR), financiranog od Hrvatske zaklade za znanost, www.delicromar.hazu.hr