Naslov
Shipbuilding Contract – A Versatile Legal Framework: Guarantee Period Clause in a Civil Law System

Autori
Mudrić, Mišo

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), stručni

ISBN
978-953-270-110-4

Skup
IntransLaw 2017

Mjesto i datum
Zagreb, Hrvatska, 12.10.2019. - 13.10.2019

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Shipbuilding Contract, Guarantee Period Clause, Standard Terms and Conditions, Shipbuilder’s Responsibility and Liability

Sažetak
The paper examines the issue of guarantee period regularly present in the standard shipbuilding contract forms, as opposed to the general damage compensation claim available through the Croatian legislation (civil law tradition). The shipbuilding process contains a transition from a full to limited, and finally no liability on the side of shipbuilder. In general, during the shipbuilding phase, the shipbuilder retains full responsibility and liability, additionally reinforced by a constant supervision on the side of buyer and classification society. Prior to the vessel delivery, it is necessary to undergo various testing procedures, that are finalized with the final sea trail(s) and class assignment. Successful trails and class assignment, followed by the vessel delivery, usually mark the fulfillment of main shipbuilder’s contractual obligations. In practice, after that moment, a significant portion of responsibility and liability for damage is transferred to the buyer, with the shipbuilder significantly limiting the exposure to liability with the guarantee period mechanism. The guarantee period clause usually sets a one year time bar, and with the expiration of one year, the question is posed on whether the buyer is capable to claim additional (or other) damage compensation

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA