engleski

Liability of the bareboat charter parties for non-contractual obligations during the bareboat charter contract-period in the context of Croatian Maritime Law

Various events and situations may arise during the bareboat charter contract-period resulting in non-contractual obligations and bringing up the subject of liability of the bareboat charter contract-parties for the damage in question. Liabilities for non-contractual obligations must be considered separately so that the bareboat charter contract-parties are fully aware of responsibilities when entering a bareboat charter. The fact that the ship-owner places his ship at the bareboat charterer’s disposal does not necessarily mean that the ship-owner is not liable for any damage caused by the ship. In order to determine the liabilities of the ship-owner and/or the bareboat charterer for non-contractual obligations in the performance of bareboat charter, it is necessary to study the provisions of the Maritime Code under the heading Non-Contractual Liability of the Ship-Owner and the Ship Operator. It states the following provisions: liability for loss of life and personal injury to swimmers or other persons at sea, environmental liability and liability for damage caused to property, liability for pollution from ships carrying oil as bulk cargo, liability for damage from bunker oil pollution. In addition, it is necessary to study the provisions under the heading Liability of the Nuclear Ship Operator and Recovery and Removal of Wrecks and Sunken Objects. The analysis of these provisions indicates that some sections of the Maritime Code regarding liability during the bareboat charter contract-period haven’t been elaborated in details.

Bareboat charter, liability of the contract parties, non-contractual obligations, the Maritime Code

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