The liability of the carrier for damage on the physical integrity of passengers and to luggage under provisions of the Croatian maritime code of 2013 Cover Image

Odgovornost prijevoznika za štete na tjelesnom integritetu putnika i prtljazi prema odredbama hrvatskog pomorskog zakonika iz 2013. Godine
The liability of the carrier for damage on the physical integrity of passengers and to luggage under provisions of the Croatian maritime code of 2013

Author(s): Biljana Činčurak Erceg
Subject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: carriage of passengers by sea;carrier's liability for damage;Croatian Maritime Code (2013);EC Regulation 392/09; European law; Athens convention; passengers - physical integrity; Directive 2009/45/EC;

Summary/Abstract: In order to harmonize the legislation with the EU acquis communautaire, there have been significant amendments to the Croatian Maritime Code in 2013, especially in the part relating to the carriage of passengers and luggage. The Maritime Code refers to the application of Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents during the international carriage of passengers and luggage and domestic seagoing voyages with passenger ships of Class A and B, as defined in Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships. Since the provisions of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as well as IMO Reservation and Guidelines for the Implementation of the Athens Convention of 2006, have been introduced in EU Regulation No 392/2009, they will be directly applicable in the Republic of Croatia. In the carriage of passengers and luggage in domestic voyages with passenger ships that do not belong to the class A and B, provisions of the Maritime Code will be applied. This paper analyses the solutions of the Croatian Maritime Code of 2013 on the carrier's liability for damage suffered as a result of the death or personal injury and for damage, shortage or loss of luggage. Because of their interconnectedness, the liability system under the provisions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea is also explained.

  • Issue Year: 54/2015
  • Issue No: 169
  • Page Range: 409-442
  • Page Count: 34
  • Language: Croatian