Maritime Claims Limitation Of Liability System

This thesis is concerning the system of limitation of maritime liability, which is an important and unique system of maritime law. Thirty thousand words are used to discuss this topic, about its resource and developing route, substantial and procedural legislation and the system of overseas and China. It has been divided into six parts:Part one is about the system of limitation of maritime liability's origin and developing trends. By this, we can have a general aknowledege of this system. The focus is put on the developing trends, which are "the expansion of subjects", "the more accessible conditions and higher limitation", "the generalized legislation" and "international union".Part two is about the application fields of limitation of maritime liability, which is divided into "Subject", "Debt" and "Applicable conditions". This part use the method of contrast to analyze the The 1957 Convention and The 1976 Convention, the international conventions and homeland legislation.Part three discusses the procedure of this system. The main procedural points includes "The application of limitation of maritime liability", "The setting up of limitation fund", "the realization of restrictive creditors' right" and the additional point "The applicable law". This part gives an all-around gathering up of how to realize the limitation of maritime claim, including many details. On the other hand, some defaults of China's legislation have been pointed outPart four is about the substantial system. The part reveal the whole of substantial system of limitation of maritime claim, which including "The mode of limitation", "the limitation of liability", "The loss of limitation of liability" and "counter claim".Part five analyses how to join other concerning systems. The system of limitation of maritime liability is not isolated, but inosculated with other maritime systems. These systems includes "the protection of victims", "ship lien" , "The conflicts of law" and "other limitations of liability". Many suggestion and viewpoints are brought out, which is the main character of this part.Part six is the countercharge of China's system of system of limitation ofmaritime liability. This part gives the brief summing-up of the whole thesis, in order to cany its points.