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A Study On System Of Indemnity To Loss Of Life Or Personal Injury At Sea

Posted on:2006-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:C J WangFull Text:PDF
GTID:2166360155964725Subject:International Law
Abstract/Summary:PDF Full Text Request
The subject of this article is the legal system pertaining to the indemnitor in respect of loss of life or personal injury at sea or in navigable waters or on some particuar places, in which the person liable is held to indemnity for damage to the right of life or health occurred in the activities of operation or management or service relavant the ship or sea. The libility basis and indemnity foundation are quite different according to respective jural relation between litigants.During the course of research of this article, the writer does not limit to the bias regime of maritime code, instead extends to review the basical law, statutory, rules, regulations, judicial interpretations, especially attaches importance to applying basic theory of civil to discuss special questions of indemnity for loss of life or personal injury at sea. The writer make a complete and systematical research on the above subject, which based on the review ranging from doctrine of indemnity, doctrine of libility fixation .libility basis, limitation of libility, scope and standard of indemnity to indemnity for mental injury, and so on.Through systematical sorting out and deeply thinking the existing statuory and rule, the writer points out the defect and weakness of the legal system of indemnity for loss of life or personal injury at sea. At the same time, the writer also raised some individual opinions and suggestions. The suggestions are as follow:Creating specific legislation on indemnity for loss of life or personal injury at sea;Putting into practice of compulsory libility insurance;Abstaining from the doctrine of labor arbitration; Adopt ing the remedial model of complement indemnity to deal with industrial injury. Through the above research and suggestions, the writer hope this article will be benifited to the development of the legal system of indemnity for loss of life or personal injury at sea.
Keywords/Search Tags:Loss of life or personal injury, Doctrine of libility fixation, Indemnity foundation, Mental injury, Limitation of libility, Scope and standard of indemnity
PDF Full Text Request
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