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Study Of Ship Operators

Posted on:2007-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:A S YangFull Text:PDF
GTID:2206360212455672Subject:International Law
Abstract/Summary:PDF Full Text Request
There are several arrangements on person liable of the maritime law. It is firstly on person liable of the maritime substantive law; secondly, it is on person liable of the maritime quasi-procedure law; finally, it is on person liable of the maritime procedure law. Shipping operator, who is high frequency, is a special person stipulated in the maritime law. Nevertheless, there is no clear concept prescribed in the laws and regulations, although it shall be registered in the register if the owner did not actually use and control the ship while registering the ownership under the regulations on ship register. As a result, a lot of disputes of shipping operator have been produced in the practice.The paper studied on the concept of shipping operator, which is focused on and trying to solve the disputes of shipping operator in the practice.The writer got the conclusion that it is impossible to stipulate a general concept of shipping operator after compared the international conventions, external laws and national laws and analyzed the relationship between other concepts of shipping industry and shipping operator, with a view to multi-arrangement of the person liable of the maritime law.The writer is of the view that the concept of shipping operator shall be respectively prescribed in systems of maritime law as Maritime Lien, Limitation of Liability for Maritime Claim and Person liable for Collision of Ship.I. In the Maritime Lien, shipping operator shall be the person who has the control of title of the ship gave rise to the maritime lien claim, notably who is of wholly or partly possession, use, benefit and disposal of the said ship;II. In the Limitation of Liability for Maritime Claim, shipping operator shall be any persons liable for the maritime claims be limited except for shipowners, salvors, charterers and persons for whose act, neglect or default the sipowners, salvors or charterers are responsible and the insurer liable for the maritime claims;III. In the Collision of Ship, shipping operator shall be the person who actually controlled the ship and should be liable for the safety navigation.
Keywords/Search Tags:Shipping Operator, Maritime Lien, Limitation of Liability for Maritime Claim, Person liable for Collision of Ship
PDF Full Text Request
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