The Civil Legal Status Of Husband

The third ship management industry has developed into an independent one by the last decades. And the third ship manager has grown up into an independent body yet, who attract people's attention. There is a great lag between the development of the industry and the manager with that of the system of civil law of the ship manager. At present, the international conventions concerned focus on the technology and management standard. There are no civil statutes and judicative practices concerned in our country also. And we can but apply《the Law of Contract》and《General Principles of the Civil Law》.Applying the basic civil laws and combining with the international conventions and standard formers, the author in this thesis first makes a identification of the ship manager, and then analyses the civil juristic status in theory and practice. The author has reached the following opinions: The ship manager is a separate company who takes the commission from the ship owner,ship charterer or ship operator, and agrees to handle the affairs of ship management to the extent of commission. The contract of the ship management is the embodiment of the civil juristic relationship between the ship manager and owner. The ship manager is the agent of the ship owner in most circumstances performing the civil conduct with the third party, in which case the provisions of the direct agency in《General Principles of the Civil Law》and the provisions of the indirect agency in《the Law of Contract》could be applied to the affirmance of the status of the ship manager. The ship management involves many matters concerned, of which the crew management is the most important part. If the ship manager is the employer of the crew, he may take on the vicarious liability for the tort acts of the crew. No claim for compensation for pollution damage may be made against the ship manager. The ship manager may limit his liability of maritime claim as the ship owner.