Real competence for a dispute about compensation of loss due to accidental death of a person at sea : [case review] Cover Image

Stvarna nadležnost za postupanje u sporu za naknadu štete zbog smrti osobe na moru kao posljedice pomorske nezgode : [prikaz presude]
Real competence for a dispute about compensation of loss due to accidental death of a person at sea : [case review]

Author(s): Vesna Skorupan Wolff
Subject(s): Civil Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; court jurisdiction; accident at sea; death of person; compensation of loss;

Summary/Abstract: The conduct of a dispute over a claim arising from a loss event in which a regular-line ferryboat overturned a boat while entering the port, whereby the victim who was inside the boat fell out of the boat into the operating area of the ferryboat's engines and died of violent death, comes under the jurisdiction of the commercial court. The victim did not die as a passenger on the ferryboat, but in a boat. The dispute in question falls within the scope of Article 19 (1) (1b) of the Judiciary Act which is within jurisdiction of commercial courts because it relates to vessels and sea navigation which are subject to the maritime law (navigation disputes) and does not relate to carriage of passengers by sea.

  • Issue Year: 44/2005
  • Issue No: 159
  • Page Range: 218-220
  • Page Count: 3
  • Language: Croatian