Je li plovilo na vezu opasna stvar, a djelatnost marine opasna djelatnost?

Abstract

The paper examines the views of domestic civil law theory and case law on inherently dangerous objects and activities, and, in particular, the interpretations of maritime law theory and case law on whether a ship is an inherently dangerous object presupposing the application of a strict liability regime. The central part of the paper is devoted to a critical analysis of the courts’ interpretation of the question of whether a berthed boat is an inherently dangerous object and whether the activity of a marina operator is an inherently dangerous one. Furthermore, the criteria relevant for assessing the legal issues in question are investigated in detail. Finally, determining the relevant criteria leads to guidelines that can be used for theoretical generalisation which can be applied by the courts when deciding in cases involving the legal question of whether a berthed vessel is an inherently dangerous object and the business of a marina operator an inherently dangerous activity.

Keywords

• dangerous object
• dangerous activity
• vessel
• ship
• yacht
• boat
• berth
• berthing contract
• marina operator