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A Comparative Study of English and Croatian Concepts of the Ship Mortgage

Skara, Ana LU (2011) JASM01 20111
Department of Law
Abstract
Ship mortgage and equivalent to it in civil law, hypothec, provides a mortgagee or the lender an opportunity to obtain security for his debt. The concept of this thesis is to compare Croatian and English systems of ship mortgage, hypothec. Relevant legislation of Merchant Shipping Acts in England and Maritime Code 2004 in Croatia, shall be used as a form of comparison as well as range of the relevant case law. A specific notion of comparison of this two law systems is the fact that Croatian law by the relevant changes of the Maritime Code 2004 implemented measures to be more up to par with common law, hence the concepts in Croatian law differ from the typical civil law jurisdictions. Mortgage and hypothec shall be examined in a historical... (More)
Ship mortgage and equivalent to it in civil law, hypothec, provides a mortgagee or the lender an opportunity to obtain security for his debt. The concept of this thesis is to compare Croatian and English systems of ship mortgage, hypothec. Relevant legislation of Merchant Shipping Acts in England and Maritime Code 2004 in Croatia, shall be used as a form of comparison as well as range of the relevant case law. A specific notion of comparison of this two law systems is the fact that Croatian law by the relevant changes of the Maritime Code 2004 implemented measures to be more up to par with common law, hence the concepts in Croatian law differ from the typical civil law jurisdictions. Mortgage and hypothec shall be examined in a historical notion of their development in the two jurisdictions, the concepts of their similarities and differences. The notions of the equitable mortgage, ships in construction, foreign vessels, ship registration, transfer of ships, insolvency of the debtor etc. shall be noted and compared. It will be shown that law in Croatia in regards to ship hypothec even though implementing some of the common law practices still remained rooted in the civil law system practices. Moreover, the concept of unification on an international level shall be emphasised in order to diminish the problems of conflicting jurisdictions and differences of priorities within ship mortgage, hypothec. (Less)
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author
Skara, Ana LU
supervisor
organization
course
JASM01 20111
year
type
H2 - Master's Degree (Two Years)
subject
keywords
ship mortgage, Croatian, England
language
English
id
2062905
date added to LUP
2011-08-16 10:06:03
date last changed
2011-08-16 10:06:03
@misc{2062905,
  abstract     = {Ship mortgage and equivalent to it in civil law, hypothec, provides a mortgagee or the lender an opportunity to obtain security for his debt. The concept of this thesis is to compare Croatian and English systems of ship mortgage, hypothec. Relevant legislation of Merchant Shipping Acts in England and Maritime Code 2004 in Croatia, shall be used as a form of comparison as well as range of the relevant case law. A specific notion of comparison of this two law systems is the fact that Croatian law by the relevant changes of the Maritime Code 2004 implemented measures to be more up to par with common law, hence the concepts in Croatian law differ from the typical civil law jurisdictions. Mortgage and hypothec shall be examined in a historical notion of their development in the two jurisdictions, the concepts of their similarities and differences. The notions of the equitable mortgage, ships in construction, foreign vessels, ship registration, transfer of ships, insolvency of the debtor etc. shall be noted and compared. It will be shown that  law in Croatia in regards to ship hypothec even though implementing some of the common law practices still remained rooted in the civil law system practices. Moreover, the concept of unification on an international level shall be emphasised in order to diminish the problems of conflicting jurisdictions and differences of priorities within ship mortgage, hypothec.},
  author       = {Skara, Ana},
  keyword      = {ship mortgage,Croatian,England},
  language     = {eng},
  note         = {Student Paper},
  title        = {A Comparative Study of English and Croatian Concepts of the Ship Mortgage},
  year         = {2011},
}