Maritime case-law: Romania Cover Image
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Jurisprudenţa maritimă: Română
Maritime case-law: Romania

Author(s): Author Not Specified
Subject(s): Civil Law, Source Material, Maritime Law, Court case
Published by: Universul Juridic
Keywords: Maritime law; vessel; judicial authorization;

Summary/Abstract: 1. Distrain upon vessel. Judicial authorization for conducting trips on the maritime and fluvial Danube. Admissibility (The Constanţa Tribunal, the 2nd civil section, judgment no. 16/17 delivered in January 2019 (file no. 163/118/2019); 2. Action for recovery of the insurer of the goods found to be missing at destination against the maritime transport for the equivalent value of the insurance compensation, paid to the beneficiary. The limitation period of the right of action. Applicable rules – art. 20 of the Hamburg Rules, ratified by Romania (the Constanța Tribunal, decision no. 78/12 January 2018, appeal file no. 11381/212/2016); 3. Action for compensation – the insurance benefit of the goods missing at destination in Ukraine. Applicable law of the transport contract – Hague Rules for the recipient, setting forth the limitation period of one year of the right of action, an applicable rule and in the action for recovery of the insurer. Reverse solution of the same court – the Constanța Tribunal, the 2nd civil section, decision no. 1246/27 September 2017, appeal file no. 10110/212/2016

  • Issue Year: 2019
  • Issue No: 01-02
  • Page Range: 316-318
  • Page Count: 3
  • Language: Romanian