Study On Legal Problems Of Indemnity For Loss Of Life Or Personal Injury At Sea

This article focuses on the legal system pertaining to the liability in respect of loss of life or personal injury at sea, in which a person liable is to compensate for illness of, injury to or death of any personnel occurred either in maritime transport or in the operation of the ship. The writer does not limit to the regime of maritime law, instead extends to review and discuss all the relevant statutory, rules, regulations and judicial interpretations, ranging from doctrine of liability fixation, right of claim, scope of indemnity to compulsory liability insurance and so forth. Through a complete and systematical treating, this article intends to sketch a clear-cut and explicit outline of the indemnity system of loss of life or personal injury at sea. Based on the existing statutory and rule, the writer will make a preliminary comment on its merit, inconsistency, insufficiency and loophole, and raises some individual opinions and suggestions. The writer attaches importance to applying basic theory of civil law to account for some complicate and diverse practical legal issues, which makes this article abound in empirical significance. The writer makes great effort to provide sufficient theoretical ground to some typical issues, for example, the title to sue for personal injury and death in labor service export, the third party in a collision at sea; the assignment of claim for loss of life or personal injury, and the difference between the contract for service and the contract of labor, the relationship of personal insurance and liability insurance, and hopes to give a guidance to proper interpretation of law. Meanwhile, the writer, based on the law of different jurisdiction, attempts to give some advice, so as to make up the loophole in the law and make the legal system more precise.