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Research On The Subject Of Liability For Damage Of Ship Collision

Posted on:2015-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:C TanFull Text:PDF
GTID:2206330464954483Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of China’s transportation, frequent collision accidents of ships, with the ship price rose steadily, the amount of compensation for ship collision accident damage increased substantially, how to define the subject of compensation for ships collision qualification is needed to resolve the collision accident after the urgent problems, the relationship can timely solve the dispute of ship collision and the protection of the injured party. In determining the subject of liability of ship collision damage, China’s copy of the 1910 international "unified collision provisions of international conventions" in some legal provisions, "by the ship has negligence liability". But because our country is not recognized "in rem" state, so "ship"can not be the victim as the defendant directly bring a lawsuit. But our country "the people’s Republic of China Maritime Law" did not ship collision damage compensation liability subject to make specific provisions, therefore, the Supreme People’s Court on 2005 issued "the second national foreign-related commercial and maritime trial work conference summary", and in 2008 promulgated the several issues "Regulations" the Supreme People’s Court concerning on ship collision, and ultimately determined by the shipowner and the bareboat charter registration human ship collision damage compensation liability subject. And "the Supreme People’s Court on Several Issues concerning the trial of ship collision dispute provisions" of this judicial interpretation has not fundamentally solve the problem, has caused many disputes in judicial practice. Therefore, this paper is based on the law of tort liability theory, according to the domestic and foreign related legislation of ship collision, combine the actual conditions of our country, to determine the subject of the liability of compensation for ships collision, first analyzes the definition and characteristics of the subject,if have the liability of compensation for ships collision or not in the determination of general, special conditions, and China’s current legislation and the existing problems, points out that because "there is difficult to overcome the shortcomings in rem", should be "human" ship behind the provisions of the compensation liability subject for ship collision damage. Secondly, this paper combined with national legislation in Britain, Canada, absorb the advanced legislation experience, summed up the determination of the subject for ships collision of the two principle:the principle of liability principle and practical alternative to ship management, control, and points out that the principle of vicarious liability will range ship collision liability entity of damage compensation is limited in the ship owners, ship operator, bareboat charter one, the ship management of people, then to judge according to the actual management and control of ship principle, who enjoy possession, management, control the actual on the ship, who is really should bear the responsibility main body collision. In this paper, in accordance with the ship again, principle of vicarious liability and practical management, control, respectively, of shipowners, ship operators, bareboat charterers, ship manager four subjects are studied in detail, and points out that the owner of the ship: only in the ship in the actual management and control, because of unseaworthiness, fault of crew, the wreck resulted in ship collision accident, to bear the responsibility of compensation for ship collision damage; during the ship operators entrusted operation in the ship, because of the ship’s actual management and control of ship collision accidents, entrusted with the operation period, which is similar to the owner of the ship’s position, also be the liability of compensation for ships collision bear the light boat; the lessee during the bareboat charter case, bareboat charter registration as a way of publicity, only give bare boat chartering a certain effect of real right, registration or not in the bareboat person can become the subject of ship collision damage compensation liability are not related, but because the bareboat charterers during the bareboat charter, enjoy the same the actual management and control of ship and ship operators the same rights, therefore, deal with the collision of ships during the bareboat charter commitment The liability of compensation for damage of ship management bear; in practice, only the ship engaged in asset management, crew management and ship safety management and other specialized technical management service, does not enjoy the actual on the ship’s possession, management, control, therefore, the subject of compensation ship managers not ship collision damage, does not bear the responsibility of compensation for ship the collision damage, and the ship owner actual management and control the ship, the operator of the ship or bareboat charter party shall bear the liability of compensation for ship collision damage, only in the event of ship managers for ship collision is negligence, followed by the ship owner, operator of the ship or bareboat charterer undertake the responsibility of damage compensation of ship collision, recovery of the. Finally, on the basis of this paper puts forward some opinions and suggestions about main liability legislation of ship collision damage, one is that the revised "the people’s Republic of China Maritime Law" will be "ship" as the provisions stipulated by the demands of the object, the man behind the ship as the subject for ship collision damage; the two is to define explicit proposals the operator of the ship and the ship collision accident responsibility main body status; three is to amend the provisions the shipowner as the ships collision compensation inevitable responsibility main body, remove the provisions of bareboat charter registration responsibility as the premise of bareboat charter person; four is a clear definition of the ship manager, eliminate the ships collision compensation the main responsibility of the position, foreign is not liable for damages.
Keywords/Search Tags:ship collision, damages, subject of liabilities
PDF Full Text Request
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