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A Study On Issues Of Causation Of Ships Collision

Posted on:2012-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166330335459542Subject:Maritime learn
Abstract/Summary:PDF Full Text Request
The causation research develop in the sea transportation, the causation is one of ships collision civil liability constitution documents, regardless of Continental lagal system or Anglo-American legal system gave the approval to causation. So do our country in maritime law educational and judicial practice. This paper is researched by methods of jurisprudence,comparison and overall comprehension,and analyzed by statutory laws and cases.In addition to the part of introduction and the conclusion, this paper consist of five chapters:The first chapter expounds the concept of ships collision, separately analyz from the international convention, our country related laws and regulations. The ships collision civil liability's constitution document, limited the ships collision causation concept with emphasis.The second chapter expounds under the general situation, the ships collision civil liability causation recognization theorys. Expound in the factual reason and the law reason recognization theorys, the development and appraisal of theorys.The third chapter expounds under the involvement factor existence situation, ships collision civil liability causation recognization. First has analyzed the essential condition, the substantive essential factor and foreseebilaty rule when the judgment reason chain interrupts. Then analysis three situations of involvement factor, and emphatically analyze the injured party involvement factor.The fourth chapter expounds at present, our country ships collision civil liability causation recognization theorys situation and the flaws. Mainly evaluation on inevitable causation theory and conditional causation theory.The fifth chapter expounds the opinion of recognization to our country ships collision civil liability causation. Profits from the Anglo-American legal system Bifurcated aproach, the union conditional causation theory defined to the responsibility establishment and the responsibility scope. And recognizing causation size by stages, confirms the responsibility share.
Keywords/Search Tags:Ships collision, Causation, Intervening cause, Bifurcated aproach
PDF Full Text Request
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