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A Study On The Principles Of Liability In Chinese Maritime Tort Law

Posted on:2005-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:J H ChenFull Text:PDF
GTID:2156360122496720Subject:International Law
Abstract/Summary:PDF Full Text Request
System of principles of liability, which is the core of maritime tort law works as a functional system, so the establishing of a reasonable and integrally closed system of principles of liability shall be an indication of the systematization of Chinese maritime tort law. This article analyses, with the basic theory of general tort law as a tool, the system of principles of liability of Chinese maritime tort law on the basis of the characteristics, economic environment and long-history tradition of maritime activities.This article is constituted of four chapters. The first chapter defines the principle of liability and the system of principles of liability of maritime tort law, analyzes the influencing factors in the selecting of principle of liability, and points out that principle of fault and principle of no-fault constitute the binary system of principle of liability of Chinese maritime tort law. The second chapter analyses the connotation and application scope of principle of fault, and particularly "Non-Completed Fault Liability" an exception in the application of the principle of fault in maritime tort law. The third chapter analyses the connotation and application of principle of no-fault. And the fourth chapter analyses the basic of liability of employers in maritime tort law, points out that as a vicarious liability it is not a liability based on the principle of self-liability, and there are two principles of liability applied therein.
Keywords/Search Tags:principle of liability in maritime tort law, system of principles of liability, principle of fault, principle of no-fault, liability of employers
PDF Full Text Request
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