A Study On Procedures For Limitation Of Liability For Maritime Claims

The limitation of liability should mean a law system that the liable person as shipowners, charterers, operators and other persons related are entitled to limit liability according to the law when a perils of the sea was occurred .It is a unique system of maritime law, which is a legal privilege given by maritime law to the shipowners, charterers, operators and other persons related. Its main purpose is to protect and promote the development of shipping enterprises and international trade and so that the related enterprises could utilize the privilege to a full extent. It is often regulated by law that if the responsible party wants to limit his liability he needs to comply with a legal procedure. So a perfect procedure of limitation of liability for maritime claims is a guarantee for the protection of the benefits of the responsible party.Special Maritime Procedure Law of the People's Republic of China has provided the procedure for the responsible party to constitute the limitation fund, the procedure for the claimants to register their claims and the procedure to distribute the limitation fund. But there are no complete procedures for the limitation of liability for maritime claims. This makes the judgment of maritime cases inconvenient. So there is theoretical controversy in this area.With reference to a lot cases and relevant articles, this essay gives a dissertation on the nature of limitation of liability for maritime claims, the constitution of limitation fund for maritime claims, rights confirmation suit and gives some suggestions on provision in China.