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Limitation of Liability for the Ship-owner Claims

Author: LiuHuaWei
Tutor: SunChunWei
School: Harbin Engineering University
Course: Economic Law
Keywords: Limitation of liability Shipowner Restrictive debt Liability Funds
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 13
Quote: 0
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Abstract


The limitation of liability of the shipowner system is a proprietary system of maritime law , and it is different from the civil law liability regime . The shipping industry is a great investment in capital-intensive industries , but also bear unique and huge risks . In order to safeguard the continued development of the maritime industry , the limitation of liability of the shipowner system came into being. Although our main limitation of liability system transplanted from the Limitation of Liability for Maritime Claims 1976 Convention , but did not set up in China corresponding supporting laws and regulations . Maritime practice , applicable embarrassment difficult to know where to begin . Depth study of the system of limitation of liability of the shipowner has practical significance to guide our maritime judicial practice . Shipowner , the main line , first of all proceed from a writing background and significance , and to lay the foundation for the study of the full text of the examination and analysis of the research status . Second , the definition of the system of limitation of liability of the shipowner , the nature and the shipowner as the main identity recognition . Where the nature of the limitation of liability established procedural law for the limitation of liability has a certain impact . Again around the scope of the limitation of liability , including limitation of liability claims , non- limitation of liability debt as well as the loss of right to limit liability theory , comparative analysis and related legislation . The other corresponding to discuss procedural law to the limitation of liability , limits of liability and responsibility of the Fund's procedures into the chapter , in order to achieve substantive and procedural echoed unified . Finally , the paper combined with the aforementioned problems , both substantive and procedural law , the system indicates the legislative status quo and existing problems of the system of liability limitation of the shipowner , and the combination of the domestic maritime practice , the issues of legislative perfection . The article discusses the process , focusing on cross- relationship with other disciplines of Law , and the use of case studies , literature studies, comparative analysis of the research method . I hope to find out problems and deficiencies in our legislative and timely put forward suggestions for improvement for China's Maritime About shipowner liability regime .

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