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Study on Maritime Deviation

Author: XieXiaJuan
Tutor: HeLiXin
School: Xiamen University
Course: Legal
Keywords: Deviation Free deviation terms Legal consequences
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 118
Quote: 0
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Abstract


Shipping deviation often happens in the case of the shipping practices generally provide international maritime transport conventions and national maritime legislation , shall not be unreasonable deviation is a mandatory obligation of the carrier , but the deviation related to the legal characterization and legal the consequences of the problem but did not make the appropriate provisions . In this paper, from the definition of the deviation , the nature of the constituent elements , analyzes the deviation caused by the responsibility and legal consequences , and the deviation of our maritime legislative changes , and the carrier in the maritime practice ideas and countermeasures . Introduction, body and conclusion of this article points three parts , the body part is divided into three chapters : Chapter Overview deviation related to legal issues . First describes the broad and narrow definition of the deviation , the deviation changes voyage made ??a difference. Then start from the narrow definition of the deviation of the constituent elements , will be divided into different purposes according to deviation deviation area the reasonable deviation with unreasonable deviation and judicial practice to determine reasonable deviation standard . Finally, the latest trends deviation system , corresponding countermeasures of how to deal with the \The second chapter of freedom deviation of the terms of the effectiveness of problem . As criteria determine the effectiveness of the free exercise clause , through the introduction of the bill of lading the applicable law and binding contract interpretation to clarify the the free deviation terms \Chapter III of the legal consequences arising from shipping deviation argument. First explicitly assume the deviation responsibility constitute unreasonable deviation responsibility . Followed by analysis of the legal consequences resulting from a deviation , especially Disclaimer unreasonable deviation caused by the carrier , the limitation of liability , limitation of actions and marine insurance , and propose countermeasures .

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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