Study On Some Problems Of Limitation Of Liability For Maritime Claims

Arising under given historical conditions and experiencing rapid promotion, limitation of liability for maritime claims has been indispensable in the law of admiralty. But following the development of times, the necessity of this system is facing more and more challenges, especially in modern times. The perfecting of shipbuilding technology and communication equipment makes ship owner's supervision on boats stronger. The rapid growth of maritime insurance transfers ship owner's liability to liability insurers. Because of these phenomena, the limitation of liability for maritime claims seems unnecessary. But the writer holds that oceans shipping still assume many special risks that enterprises on land can't compare, so this system's existence still has its reasonability and necessity. In order to find out the historic track and comprehend the legal spirit of limitation of liability for maritime claims, the write chooses it as her dissertation's theme. The only wish is that this thesis can be useful for the application and function of this rule.The paper has three parts. The first part is the outline of the topic. In addition to the fundamental conception, the writer emphasizes the five forms and the necessity of limitation of liability for maritime claims. The second part concerning the construction conditions of limitation of liability for maritime claims is the focal point. In the writer's opinion, boats carrying cargoes and passengers in coastal and inland harbors should be subjected to limitation; finical guarantors should be entitled to limitation of liability for maritime claims as insurers; sums about boats less than 300 tons in related rules be transferred to the Maritime Law of the People's Republic of China and an exact amount or a calculating method for the boats less than 20 tons. Then the Maritime Law would be more complete in system and more convenient in application. The last part focuses on the procedure of the theme of this dissertation. Conclusions of this part are that the quoting of the limitation of liability for maritime claims is an independent accusation and the real right of limitation is the presupposition of setting up limitation fund.In this thesis, the writer points out some disputes of limitation of liability for maritime claims. And on the basis of mounts of materials and detailed considerations, the writer thinks out the resolving ways. Though these are the writer's own theory, the wish is to devote to the knowledge and application of this uncommon system.