General goals:
- to propose improvements in the legal framework relating to the regime of liability and insurance of the Croatian marina operators, with a view of enhancing their competitiveness, safety, security and environmental protection standards
- to recommend a set of models of general terms and conditions as an innovative business solution for marina operators and liability insurers
- to propose a reform of the respective legislation in compliance with the relevant EU legislation
- to clarify the related legal concepts, with a view of unifying the domestic court practice and contributing to legal certainty in the interest of all parties involved
Specific project activities:
- Creating databases of the collected information and material (domestic and foreign national law, international conventions, EU law, self-regulation, legal literature, case law) followed by tables and indexes;
- Identifying critical issues for discussion (downfalls of the positive legal framework, problems in practice);
- Analysis of the relevant statistical data related to the adverse events and accidents in the marinas;
- Cooperation and exchange of information, knowledge and experience with the relevant stakeholders (marinas, insurers, charter-agencies…)
- Dialogue and cooperation with the competent public authorities;
- Delivering lectures and presentations, educative workshops;
- Publishing academic and professional papers;
- Final project conference – international professional-academic conference planned at the end of the project (February 2019);
- Handbook/manual for practitioners summarising the main areas of research interest and results.
Topics:
The project will cover the various legal aspects related to the professional activity of the nautical tourism ports, including:
- status of the nautical tourism ports, establishment, categorisation
- management
- maritime safety
- marina operator’s liability and claims and other private law aspects of the marina operator’s professional activity (contractual and extracontractual liability, berthing contracts, contracts of maintenance or repair…)
- consumer protection
- applicable law and jurisdiction
The legal research will include the relevant national law, comparative law, EU law, autonomous law (business terms and conditions and self-regulation of marinas, insurers, charter-agencies etc.) and case law.
