Study On The Liability Limitation Law Problem Of Terminal Operators

As the Port Law only adjusts legal relations of the port administration, both Maritime Law and other civil laws do not specifically stipulate civil juristic relations of terminal operators.In judicial practice, there are many disputes in which the cargo owner sued terminal operators for damages. The core of contention concentrates on question whether the terminal operator has the right to limit his liability. Scholars express their opinions on legal status of the terminal operator and whether he is entitled to the limitation of liability. This paper intends to put the terminal operators in the juristic relations of maritime transport of goods, on the basis of clearly defining legal status of Terminal operator and through study of international conventions and domestic laws, follow up the international legislative trends of terminal operator's limitation of liability aiming to explore the rationality of definition of terminal operator's limitation of liability and then explore the best solution for terminal operator's limitation of liability in China.This paper contains three parts. They are introduction, body and conclusion of which body is divided into six chapters.The first part introduces the definition of terminal operators and definition and classification of terminal operator's limitation of liability.The second part mainly introduces several theories of terminal operator's legal status on purpose to make clear the legal status of the terminal operator and then to pave the way to discussion below on establishing and enjoying the legal status of the limitation of liability in the relevant legislations.The third part mainly discusses the definition of legal status of the terminal operator in international conventions and domestic laws and analyses whether terminal operator is entitled to unit limitation liability.Part IV mainly focuses on defining the legal status of terminal operators in the relevant legislations and whether terminal operators are entitled to comprehensive limitation of liability (maritime limitation of liability).Part V mainly analyzes the necessity of clearly stating terminal operator's limitation of liability in China.Part VI mainly seeks the best solution for terminal operator's limitation of liability in China. Through discussing the feasibility of making clear the terminal operator's limitation liability in various possible ways. It is believed that specially stating the right of terminal operator's limitation of liability consistent with the right of carrier's limitation of liability in Maritime Law is the most reasonable and effective solution for the terminal operator's limitation of liability.