Field Research in Split

28 September , 2018

For the purpose of discussing draft models of berth contracts and the corresponding standard contract clauses that are being developed within the project, Dr. Adriana Padovan and Dr. Vesna Skorupan Wolff met the representatives of Croatian marina operators and specialised lawyers dealing with maritime law in Split, on the 27th and 28th of September 2018. The draft is being developed on the basis of information and documentation gathered through a written questionnaire circulated amongst Croatian marina operators and a number of interviews with the marina managers and other representatives of marina operators, insurers, yacht charterers and specialised lawyers. The research has covered 37 marinas operated by 12 concessionaires. The standard clauses and models of berth contracts are complemented with a de lege ferenda proposal drafted within this project, which is currently undergoing the parliamentary procedure. The proposal is to introduce for the first time a set of legislative provisions regulating berth contracts into Croatian Maritime Code. Both the de lege ferenda proposal and the draft models of berth contracts have been developed by taking into consideration the  arguments, opinions and remarks coming as feed back from the industry. As such, we hope that they will be implemented in practice. In our opinion, the proposed standardization of terms and conditions of marina operators' berth contracts will be a big step forward in the interest of legal certainty, consumer protection and sustainability of the marina operators' business.