engleski

Rights, obligations and liabilities of the parties in towage contracts – national and standard legal solutions

Subject of the paper is the analysis of right, obligations and liabilities in Towage contracts. Provisions of Croatian Maritime Code on towing and several comparative legal regulations are examined in particular. Provision of BIMCO standard towing contract forms, code names TOWHIRE 2008 and TOWCON 2008 are also examined. These contract forms are most often used in contracting towage at sea especially in so-called ocean towage. Therefore, it is considered necessary to establish the content of their provision in the subject matter. Within the scope of the analysis of paper subject matter, the concept and parties of the towage contract are defined. After that, we analyse specific provision which regulate the rights and obligations of parties, tug operator on one side and towed object operator on the other. Provisions of selected legal sourced on liability are also analysed. In addition to contractual liability of the parties, it also deals with joint liability to third parties who have been injured by towing. In conclusion, most important provisions of national and standard legal solutions in standardizing the matter of towing are referenced, and similarities and differences between the provisions are established.

towage contract ; tug operator ; towed object operator ; rights, obligations and liabilities

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