LEGAL RELATIONSHIP BETWEEN MARINA OPERATOR AND CHARTER COMPANY ARISING FROM THE CONTRACT OF BERTH – ANALYSIS OF CROATIAN AND COMPARATIVE COMMERCIAL PRACTICE

Sa？etak This paper discusses the legal relations between the marina and the charter company arising from the contract of berth. The terms of the marina and the charter company are defined and their basic characteristics (classification, categorization, operation under concession conditions of the marina, conditions and the way of conducting chartering activities) are specified. Furthermore, the sources of legal relations between the marina and charter companies in Croatian business practice are analysed (a business cooperation agreement, a settlement agreement on annual contractual obligations, a berth contract and a lease contract for a business space in the marina i.e. technical cooperation between marina and charter company). Apart from the presentation of the content of autonomous legal sources, the paper also refers to the content of the provisions of general conditions of the marina business. In addition to the solutions from business practices of the Croatian marinas, there are also solutions of legal relations between marinas and charter companies from business practices of several neighboring countries – Spain, Italy and Slovenia. Reference is made to the lack of statutory legal framework to regulate legal relations between marinas and charter companies. There is a need to standardize a legal relationship between the marina and the charter company related to the berth contract