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Research on Limitation of Liability for Maritime

Author: ChenJinPing
Tutor: GuanJianQiang
School: East China University of Political Science
Course: Legal
Keywords: Main Responsibility Shipping ManagerNVOCC Liability Limit Of Procedure
CLC: D922.294
Type: Master's thesis
Year: 2012
Downloads: 44
Quote: 0
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Abstract


Limitation of liability for maritime claims as maritime law system of a peculiarin maritime law legal system, unique and enduring, which shows that the system hasthe special function and the great significance. Countries maritime law and therelevant international conventions and no clear limitation of liability for maritimeclaims system of meaning. Although China in the maritime law "chapter11chaptersstipulated the limitation of liability for maritime claims maritime law system ischaracteristically impaired in the legal system, but also have no clear its specificmeaning. Integrated its main contents and scholars main ideas, generally by definitionas the ship in the process of operation, happen in general average accident,responsible for the accident on the main responsibility of the maritime claimantclaims of restrictions apply within a certain range of legal system. Limitation ofliability for maritime claims responsibility subject to legal system is a kind of legalprivilege.This article, from the limitation of liability for maritime claims, nature and themeaning of system, combining with the current major significance of the internationalconvention and the main shipping kingdom of domestic law, the limitation of liabilityfor maritime claims entity content and program content system of spread moredetailed comparative analysis, based on the limitation of liability for maritime claimsin China. Studied it systemThis paper adopts historical comparison, case analysis and interests balance research methods, writing purpose lies in:(1) in relating to the limitation of liabilityfor maritime claims the international convention and the system of the main shippingcountries introduced, compare, domestic law based on the analysis of the system,clarify the meaning of the specific properties, chromatography;(2) the limitation ofliability for maritime claims responsibility subject system of study, identifying themain responsibility, and further define the relationship between the concept of theshipowner, clearly port operator and liability insurer’s subjectivity qualificationsproblem;(3) the current our country "maritime litigation special procedural lawregarding the establishment of the limitation of liability for maritime claims fund forspecific provision, and set up a program and not commit the regulation, lead topractice to be suitable dilemma, problems coming forth in large Numbers. Throughcomparative study countries practice methods, borrowing the desirable place, makeour approach is more practical.This paper is divided into preface, text and epilogue, including text there are fourchapter:The first part of the limitation of liability for maritime claims in the overview,system analysis, the main part of the system to the meaning and its property, furtherclarify the characteristics; Combining the latest international legislation and therelevant domestic legislation dynamic, do the comparative analysis, in order tounderstand the development trend of the system.The second part is limitation of liability for maritime claims system of thecomparative analysis, physical content to in this part of the limitation of liability formaritime claims concrete from the main responsibility, scope and exercise conditionsthree aspects elaborated, mainly study the main responsibility of nvocc and shipsubject qualification of the administrator, and think nvocc in most cases do not haveeligibility requirements.The third part is the limitation of liability for maritime claims system ofcomparison and analysis program content in this part of first introduces the contentanalysis of the limitation of liability for maritime claims about internationalconvention system of the general procedure rules; Secondly compare two sea liability limit program that legislation structure; Finally based on analysis of the limitation ofthe liability of procedures specific.The fourth part for China’s maritime liability limit system, this part of ourcountry at first, then expounded current legislation from the limitation of liability formaritime claims the substantive or procedural two aspects analyzes limitation ofliability for maritime claims with international convention and foreign system of thelimitation of liability for maritime claims differ namely system of China’s maritimeliability limit characteristics; Finally, according to China’s maritime liability to paycompensation restrictions on problems existing in the system analysis, and putsforward relevant Suggestions.

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