Comparison of Contracts on Business Cooperation on Maritime Domain in Nautical Tourism Ports and Lease Agreements

IF 0.8 Q3 ENGINEERING, MARINE Transactions on Maritime Science-ToMS Pub Date : 2023-10-24 DOI:10.7225/toms.v12.n02.015

Miho Baće, Nikola Mandić

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Abstract

The paper discusses the contract on business cooperation on maritime property in the ports of nautical tourism in the context of named and unnamed contracts, the scope of freedom of contract in the context of the concession contract as a "fundamental" contract, as well as the method by which the contract on business cooperation is qualified in the Croatian legal system. This contract is apostrophised in the context of mixed contracts and sui generis contracts as types of contracts that are not regulated by law. The acceptance of the provisions of the lease agreement as a named contract in Croatian legislation in business practice when concluding a business cooperation agreement is examined, as well as the similarities of these two agreements. The aim of the paper is to use the comparative law method to complete knowledge about the positioning of business cooperation contracts on maritime property in nautical tourism ports in the context of named and unnamed contracts, i.e. mixed and sui generis contracts, and to determine the appropriateness and compatibility of the lease contract with the business cooperation contract.

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航海旅游港口海域商务合作合同与租赁合同之比较

本文从命名合同和未命名合同的角度讨论了航海旅游港口海上财产的商业合作合同，从作为“基本”合同的特许合同的角度讨论了合同自由的范围，以及在克罗地亚法律体系中对商业合作合同进行定性的方法。本合同在混合合同和特殊合同的背景下使用撇号，作为不受法律管制的合同类型。本文审查了克罗地亚立法在商业实践中在缔结商业合作协定时接受租赁协定的规定作为具名合同的情况，以及这两项协定的相似之处。本文的目的是运用比比法的方法，在命名合同和未命名合同(即混合合同和自定义合同)的背景下，完善航海旅游港口海上财产商务合作合同的定位，并确定租赁合同与商务合作合同的适当性和兼容性。

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来源期刊

Transactions on Maritime Science-ToMS ENGINEERING, MARINE-

CiteScore

1.50

自引率

12.50%

发文量

期刊介绍： ToMS is a scientific journal with international peer review which publishes papers in the following areas: ~ Marine Engineering, ~ Navigation, ~ Safety Systems, ~ Marine Ecology, ~ Marine Fisheries, ~ Hydrography, ~ Marine Automation and Electronics, ~ Transportation and Modes of Transport, ~ Marine Information Systems, ~ Maritime Law, ~ Management of Marine Systems, ~ Marine Finance, ~ Bleeding-Edge Technologies, ~ Multimodal Transport, ~ Psycho-social and Legal Aspects of Long-term Working Aboard. The journal is published in English as an open access journal, and as a classic paper journal (in limited editions). ToMS aims to present best maritime research from South East Europe, particularly the Mediterranean area. Articles will be double-blind reviewed by three reviewers. With the intention of providing an international perspective at least one of the reviewers will be from abroad. ToMS also promotes scientific collaboration with students and has a section titled Students’ ToMS. These papers also undergo strict peer reviews. Furthermore, the Journal publishes short reviews on significant papers, books and workshops in the fields of maritime science.