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Fire Exemption Of Liability Of Carrier

Posted on:2012-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:S M WangFull Text:PDF
GTID:2166330335955491Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, using the definition of "Fire" as the paper's opening part, from legal perspective, the author analyses legal system of the fire exemption in depth by using the methods of analysis. On this basis, for the problems that arose in practice and the legislative status, the author puts forward suggestions of standardizing the fire exemption clause, hoping to provide an useful help for resolving cases, as well as provides valuable reference for improvement of the legislation.Besides introduction and conclusion, the paper is divided into four parts:In the first part, it extended out the definition of "Fire", the cause of fire and also the different results of fire. The next part of the paper introduced the allocation of burden of proof. The following part extended the rule of Maritime Law by analysis and compare the differences of some counties law. In all, the rule 2 of article 51 of Maritime Code of PRC about the fire exemption exists obvious defects in the legislation, which is simplistic and generated ambiguity easily。Then the author analyses and explores the issues that must be resolved in the loss cases of shipping goods by fire, such as the fire definition, the burden in the loss cases of proof in the fire exemption, and the relations between the fire exemption and the relations between the fire exemption.
Keywords/Search Tags:Marine Fire Exemption, Basis of Liability, Exemption Terms
PDF Full Text Request
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