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Study On Legal Problems Of Indemnity For Loss Of Life Or Personal Injury At Sea

Posted on:2009-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2166360242974270Subject:International Law
Abstract/Summary:PDF Full Text Request
Along with the development of the human rights movement, modern society lays more and more emphasis on the security of the life and safety of persons at sea. Although the technology of navigation has been rapidly developed, and the risk of activities at sea has been stepped down, the loss of life or personal injury occurs continually, which has a considerable proportion of the cases held by marine courts. The thesis aims to renew the international conventions, the internal laws and regulations of compensation to loss of life or personal injury at sea, and it attempts to seek out a more reasonable indemnity mechanism on loss of life or personal injury on the basis of the conversion of the justice value. The thesis discusses the loophole of the internal laws, regulations and the relevant international conventions combined with the practical problems, and it raises some suggestions on improving the indemnity mechanism by drawing a comparison among the different arrangements.The thesis is divided into four chapters.Chapter 1 analyzes the basic legal theory of the indemnity for loss of life or personal injury at sea. Firstly, it defines the indemnity for loss of life or personal injury at sea, and then it makes an applicable range of it, and finally classifies it.Chapter 2 discusses the doctrine of liability fixation in different indemnity for loss of life or personal injury, such as tort, contract or other circumstances.Chapter 3 explains the claimant and the responsible party, and sets forth the personal opinion on the parties of the loss of life or personal injury of the seaman employed abroad, the range of "a third party" of article 169 under the CMC, and the legal status of P&I club as the responsible party etc.Chapter 4 is the key part of the thesis, which focuses on the indemnity mechanism on loss of life or personal injury, analyzes civil compensation, insurance indemnity, social security and indemnity of the Fund as well as the relationship of them.
Keywords/Search Tags:Indemnity for Loss of Life or Personal Injury, Doctrine of Liability Fixation, Claimant and Responsible Party, Indemnity Mechanism
PDF Full Text Request
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