Faculty of Law, University of Split in cooperation with the Adriatic Institute of the Croatian Academy of Sciences and Arts organises the 2nd INTERNATIONAL SCIENTIFIC CONFERENCE ON MARITIME LAW - MODERN CHALLENGES OF MARINE NAVIGATION. The conference aims to bring together the leading academic scientists, researchers, research scholars and practitioners to exchange and share their experiences and research results about all aspects of Maritime Law.
All the conference papers will be published in the conference book of proceedings.
The conference is aimed at the national and international academic scientists, research scholars, practitioners, state administration, judges, attorneys, legal and other experts in maritime and transport law, maritime operators, lawyers in transport insurance industry, etc.
Dr. Vesna Skorupan Wolff in co-authorship with Dr. Adriana V. Padovan will present a paper titled: The obligations of the user of berth arising from the contract of berth according to the business practices of Croatian marinas. The aim of this paper is to determine the exact contents and scope of the particular obligations of the user of berth arising from the contract of berth according to the usual business practice of the Croatian marinas. The material used for research encompasses: the general terms and conditions and standard contract forms used in 40 marinas, dry marinas and boat storages, data collected through field research undertaken in 35 Croatian marinas through personal interviews and questionnaires. Currently the Croatian Maritime Code is under revision within which the contract of (nautical) berth will be regulated as a nominate contract for the first time in Croatian law. The topic is intensively discussed in the academic and professional circles due to its importance and current relevance. It is therefore the aim of this paper to thoroughly analyse and interpret the de lege ferenda proposals relating to the obligations of the user of berth arising from the contract of berth including their comparison with the current business practice of the Croatian marinas, particularly with the solutions found in their general terms and conditions. The authors’ conclusion is that the new legislative solutions relating to the obligations of the user of berth follow the current business practice of the Croatian marinas and clearly, precisely and comprehensively regulate this segment of the contract of berth through dispositive legal provisions. The relevance of these amendments of the Maritime Code for the marina business is exceptional because it should ensure a substantially higher level of legal certainty, predictability of legal protection in case of dispute and uniformity of judicial practice.
The powerpoint presentation is available here.