Limitation Of Liability For The Ship-owner Claims

Limitation of liability for the ship-owner claims is a unique system of maritime law. It differs from civil liability regime. Maritime industry is a very large investment in capital-intensive industries, and bear the unique and great risk. In order to protect the sustainable development of maritime industry, Limitation of liability for the ship-owner claims came into being. Though our limitation of liability regime mainly transfer from "LLMC 1976", China did not improve with the support of the establishment of laws and regulations. In the maritime practice, there is no way for difficult or embarrassing to proceed. So, it has very practical significance to guide the judicial practice of China's maritime, to study the ship-owner limitation of liability system in-depth.In this paper, the main line of the full text is the ship-owner. First, from the writing background and significance of working, the research status of the investigation and analysis to basis for the study for the full-paper. Second, it states the limitation of liability against the owner's definition of the system, nature and status as a subject to identify the owner. And the nature of the limitation of liability has some affect in establishing limitation of liability procedure law. Third, I will analyze and compare around the liability limits, including claims subjected to limitation and claims excepted from limitation, the theory of limitation of liability loss of rights and relevant legislation. Correspongding,discussing the procedural law to the time limitation,I put the limits of liability and responsibility of the fund's procedures into this part, in order to the substantive and procedural can achieve echo and unity. Finally, in the paper, from both substantive and procedural law, it points out systematically the situation and problems of the limitation of liability of the ship-owner system of legislative, and discuss the views of legislation to combine with domestic maritime practice with the aforementioned problems.During the discussing of the thesis, the focus on cross-disciplinary and other legal relations, and uses case studies, literature, comparative study of the analysis. And I hope to find the problems and lack of legislation of our country, and put forward a sound and timely advice to serve for the development of our maritime law about limitation of liability of ship-owner.