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Marina Operator Berthing Contracts from a Comparative Law Perspective

Authors: Adriana Vincenza Padovan; Marìa Victoria Petit Lavall; Daniele Casciano;

Marina Operator Berthing Contracts from a Comparative Law Perspective

Abstract

This paper deals with the concept of marina operator berthing contracts from the comparative perspectives of Spanish, Italian, Croatian and US law. The focus is on the legal nature of the contracts and on the marina operator’s liability arising from them. The authors analyse the relevant legal framework, private regulation, judicial practice and legal doctrine, and discuss the salient features of the contracts and the most prominent issues arising in relation to their practical application. A comparative law analysis shows the similarity of the questions raised in the judicial practice and legal doctrine in all four observed jurisdictions. The discussion revolves around the central problem of determining the legal nature of this innominate atypical contract. The positions are divided into two main lines of argument: one treats the contract primarily as a contract for the use of a safe berth (locatio conductio rei), while the other is based on the concept that the contract contains vital elements of a contract of deposit (depositum), whereby the vessel is entrusted to the marina for safekeeping.

Countries
Italy, Croatia, Spain
Related Organizations
Keywords

marina operator, berthing contract, liability, marina operator, berthing contract, liability

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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