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Sea Life Or Personal Injury Damages The Legal System

Posted on:2006-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206360182956356Subject:International Law
Abstract/Summary:PDF Full Text Request
This article focuses on the indemnity system of loss of life or personal injury at sea, in which pertaining to liability the party liable undertakes for injury to or death of a person or persons as a result from any accidents occurred either in maritime transport or in the operation of a ship. Currently, some provisions on the claims for loss of life or personal injury at sea are neither detail nor uniform, particularly, both on the limitation of liabilities and on the scope of indemnity. So it brings up some problems in personal injury litigation. Therefore, to discuss the improvement of this legal system is necessary for theoretical and empirical value.The writer, on the basis of the relevant laws and regulations, rules and judicial explanations, review and discuss ranging from the definition of compensation for loss of life or personal injury at sea, the doctrine of liability fixation, the scope of indemnity, the limitations of liabilities and so force in order to sketch a clear-cut and explicit outline of this legal system.This article is divided into five chapters. Chapter one introduces the definition of the indemnity for loss of life or personal injury at sea. Chapter two takes a look at the main body under this indemnity system, including the claimant and responsible party. Chapter three analyzes the doctrine of liability fixation, particularly, compares the liability fixation under the breach of contract with that under the infringement. Chapter four is included on the scope of indemnity and the limitations of liabilities in this article giving its highlights. The writer makes a comparative study of different statutory, rules and regulations and analyzes the limitations of liabilities regulated under the judicial explanations issued by the Supreme Court of P.R.C. in order to give a guidance to applying proper laws in maritime practice. Chapter five discusses the indemnity for mental damage under this legal system. More efforts are made to improve this problem. In the section of conclusion, the writer makes a summary of major problems currently exists under the legal system, and raises some individual opinions and suggestions for improving this legal system.
Keywords/Search Tags:loss of life or personal injury, doctrine of liability fixation, scope of indemnity, limitations of liability
PDF Full Text Request
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