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On the Direct Action of Seafarer’s Injury and Death Compensation

Author: ZhangChunYing
Tutor: ZhaoLuJun
School: Dalian Maritime University
Course: Maritime school
Keywords: Direct Action Casualty Damages Legislative proposals
CLC: D923;D925
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract

Casualty damages directly litigation, and that the crew of the death and injury compensation claims responsibility Casualty insurer or other person providing financial assurance direct. The crew is a large number of special groups, existing Casualty damages protection systems such as maritime liens, remedies for breach and tort remedies are not enough to make the crew to get timely and adequate compensation, established for the purpose of the system is to the crew personal casualties damages claim interests into a legal protection mechanism. Departure from the particularity of the crew, to make up for the lack of Casualty existing protection system, while the liability insurance and financial assurance systems complement each other, and the effective protection of the crew equity. Direct litigation system straight v. system build Casualty damages based on in-depth research and discussion, the text is divided into five parts: the first part of the combination of direct litigation system theories and national legislation of the Direct Action made more comprehensive analysis and research; second part discusses the necessity of direct appeal system Casualty damages, which damages legal relationship particularity and Casualty Casualty damages the existing system of legal protection insufficient decide the liability insurance defects build crew death and injury compensation straight v. system of direct move due to financial guarantee system for the legislative trend is the establishment of crew personal injury or death damage compensation straight v. system of social move due; third part mainly explore the crew damages for personal injury or death straight v. system conditions and litigation mode; fourth part of the angle from the point of view of substantive law and procedural law put forward legislative proposals: the fifth part of the article is summarized. Directly the existence of the litigation system and the full text of view, the premise, based on the lack of compensation for the special nature of the legal relationship and Casualty damages the existing system of legal protection to the crew of the death and injury, combined with the crew of the death and injury liability insurance and financial guarantee system, drawing on ship pollution damages and compulsory third party liability the direct insurance litigation system, put forward the idea of ??establishing a Casualty damages directly litigation system, specifically related to the rights and obligations of the main body, to compensate for the crew personal casualties of the deficiencies of the existing system of protection, so able to obtain timely and adequate compensation in personal injury or death of crew members or their families.

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