Jovanović, NebojšaOdgovornost tegljača / Nebojša Jovanović
Summary: This conference paper deals with liability of participants in towage, with special stress on the liability of tog-owner. Due to the complexity and increased risks within towage, there are no unique legal rules about the liability of towage participants, but different rules depending on the event which is the cause of damage in the towage (e.g. collision, carriage, general average, pollution). For that reason, the writher explains special legal regimes of liability of the tugowner, which depend on the type of prejudicial event. He points that there is no general rule on the tug-owner's liability within the Maritime and Inland Navigation Act from 1998 and that it makes a serious loophole in the navigation law of Serbia. Besides, the author contemplates the usual clauses in standard forms of contracts in maritime towage (e.g. UKSCT TOWCON, TOWHIRE), which mitigate duties and liability of tug-owner, enlarging his rights comparing with those he has on the ground legal provisions. Lastly, he specially presents unscrupulous practice of tug-owners within the common law countries in contracting their exclusion from liability, The author proposes limitation of contractual freedom in towage contract which is detrimental for the users of towage services. There are comparative law analyses about liability of tug-owner both in maritime and inland navigation, as well as presentation of judicial practice..
Prijevod naslova:
* Liability of tug-owner
* tegljenje, pomorsko * ugovor za tegljenje * UKSCT * TOWCON * TOWHIRE
U: Pravo i privreda. God. 52, broj 7/9 (2014). - str. 233-266.
