Naslov
The Elements of Seaworthiness in the Context of Marine Insurance Revisited

Autori
Padovan, Adriana Vincenca

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

Izvornik
BOOK OF PROCEEDINGS OF THE 4th INTERNATIONAL SCIENTIFIC CONFERENCE ON MARITIME LAW – ISCML Split 2023: MODERN CHALLENGES OF MARINE NAVIGATION / Amižić Jelovčić, Petra ; Brnabić, Ratko ; Skorupan Wolff, Vesna ; Padovan, Adriana Vincenca ; Bulum, Božena ; Grbec, Mitja ; Musi, Massimiliano - Split : Zagreb : Pravni fakultet Sveučilišta u Splitu ; Hrvatska akademija znanosti i umjetnosti (HAZU), 2023, 101-122

ISBN
978-953-347-508-0

Skup
4th INTERNATIONAL SCIENTIFIC CONFERENCE ON MARITIME LAW – ISCML Split 2023: MODERN CHALLENGES OF MARINE NAVIGATION

Mjesto i datum
Split, Hrvatska, 13.04.2023. - 14.04.2023

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Marine insurance, seaworthiness, elements

Sažetak
Seaworthiness is generally extremely important for any marine insurance contract. In particular, hull and machinery insurance, as well as shipowner liability insurance, are generally provided on the assumption that the ship is seaworthy unless the insurer knowingly and voluntarily accepts to insure under special conditions a ship that does not meet all seaworthiness requirements. This basic principle is present in various forms in national laws that regulate marine insurance contracts. Unseaworthiness leads to certain adverse legal consequences under marine insurance contracts. From the insurer’s standpoint, the aim of the legal concept of seaworthiness is to control the quality and alteration of the insured risk and eliminate substandard ships from the insurance portfolio and from the shipping trade in general. The objective of this paper is to clarify the meaning of the legal concept of seaworthiness in general terms, particularly in the context of marine insurance, and to discuss various elements of seaworthiness. In doing so, the author explores the traditional seaworthiness doctrine faced with the challenges of technological developments and automatisation in maritime transport. The idea is to present primary findings of research in progress that shall constitute a basis for a deep and thorough study entailing a comparative law analysis of the legal consequences of unseaworthiness under various national legal systems of civil law and common law tradition.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
This paper is a result of research within the
research project entitled “Transport Faced with
the Challenges of Technological Development and
Globalization: New Solutions in the Field of
Liability and Competition”, hosted by the
Institute for Transport Law (IDT) of the
University Jaume I, Castellón de la Plana and
funded by the Ministry of Science and Innovation
of the Government of Spain, ref. PID2019-107204GB-
C33 (2020-2024) (principal researchers: Professor
Mª Victoria Petit Lavall, PhD and Professor Achim
Puetz, PhD).

POVEZANOST RADA