The Study On The Entitative Problems Of Limitation Of Liability For Maritime Claims

The System of Limitation of Liability for Maritime Claims is an important system to protect the interest of shipowners and other maritime responsible parties.It mainly means that when perils of sea happens which lead to gross loss of or damage to or personal injury,it can limit the responsible parties' liability within a certain limit. Limitation of liability for maritime claims is a special right to maritime responsible parties conferred by law.The shipowners,the operator of a ship and charterer,as responsible parties,shall limit their liability within a certain limit in accordance with the provisions of Law.As a special compensation system of Maritime Law,the System of limitation of liability for maritime claims involves a comprehensive content.This paper mainly starts at the entitative problems of limitation of liability for maritime claims,and discusses the disputes in the entitative problems collectively.Based on the general introduction of the System of limitation of liability for maritime claims,the first chapter sets forth the definition and legislative meaning,and differ the limitation of liability for maritime claims from the unit limitation.In the discussion of ships which apply to the limitation of liability for maritime claims in the second chapter,it firstly proceeds with provisions in the International Convention,then analyzes the provisions in Maritime Code of the People's Republic of China and other relative Laws,further discusses the problem that whether the inland ship shall be entitled to the limitation of liability for maritime claims.The third chapter starts with the inquiry of the character of limitation of liability for maritime claims,analyzes and compares the three theories about it:Defense Right, Claim Right and Right to form,and finally brings out the opinion about the character of limitation of liability for maritime claims of this paper.The fourth chapter discusses the hot spots of the parties entitled to the limitation of liability for maritime claims.At the foundation of introduction of provisions in International Convention,Maritime Code of the People's Republic of China and other relative Laws,analyzes the scope of charterers of ships,whether the non-vessel operator carriers and port operators shall be entitled to limitation of liability for maritime claims. Connected with the newly passed United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to the "Rotterdam Rules"),which makes an impact to the parties entitled to the limitation of liability for maritime claims,it discusses the problems of the limitation of liability for maritime claims involved by the new provisions in Rotterdam Rules.