Naslov
Is the marina operator’s berthing fee a privileged claim under the Croatian maritime code?

Autori
Padovan, Adriana Vincenca ; Tuhtan Grgić, Iva

Izvornik
Il Diritto marittimo (0012-348X) CXIX (2017), II; 366-399

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
marina, berthing fee, contract of berth, maritime lien, maritime privilege, ship arrest, yacht

Sažetak
The paper has been inspired by the recent practice of the commercial courts in Croatia regarding the arrest of yachts for the purpose of securing and eventually enforcing the marina operator’s claim for the outstanding berthing fees. The authors seek to answer the question whether the marina operator’s claim is protected by a maritime privilege according to the Croatian Maritime Code by analysing the relevant provisions of the Code regulating maritime privileges and arrest of vessels. In particular, the authors examine whether the marina operator’s berthing fee might be regarded as a type of a port due or charge, and in respect thereof they compare the relevant provisions of the Maritime Domain and Seaports Act and the Maritime Code. In order to examine the correct interpretation of the relevant legislative provisions, the authors look into their background and development, in particular considering the fact that the provisions on maritime privileges and the arrest of vessels in the Croatian Maritime Code are inspired by the provisions of the International Convention on Maritime Liens and Mortgages of 1993 and the Arrest Convention of 1952. Through a critical analysis of the relevant court practice and the applicable law, the authors seek to make de lege ferenda proposals reflecting the interest of protecting the marina operator’s position as a claimant and considering Croatia’s strategic orientation towards nautical tourism.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA