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Research on the Civil Liability of Harbour Operator in Harbour Act

Author: ZhengCengLin
Tutor: WuZuo
School: Dalian Maritime University
Course: International Law
Keywords: Harbour Act Harbour operator "Himalaya" clause Period of Hability Limitation of Iiability Independent contractor
CLC: D922.294
Type: Master's thesis
Year: 2000
Downloads: 163
Quote: 7
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Abstract


RESEARCH ON THE CIVIL LIABILITY OF HARBOUR OPERATOR IN HARBOUR ACTCombine with the harbour law of foreign countries,the United Nations Convention on the liability of Operators of Transport Terminals in International Trade, 1991 and local condition in China,this paper has a systematic research on the civil liability of harbour operator,and aim to be helpful to the draftwork of Harbour Act on this suDject.In this paper the author put forward his own views on the following sujects,they are:owning to the limit of application of "Himalaya Clause",the stevedore shall be included into the concept of harbour operator in the Harbour Act;fault basis of liability and burden of proof of harbour operator;the legal status of Email and EDI in the Harbour Act;double limits based on the weight of goods or package or other shipping unit shall be applied to when calculation of limitation of liability ; "global" limit of lifcbility;breakability of the liability limits;the legal status of independent contractor;delay in delivery.

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