| Ships’ seaworthiness is a very old legal concept. It is one of the main obligations of carrier, is also a summary of long sailing experience. Ships’ seaworthiness obligation is one of the basic problems of maritime law whether in ancient theory or current world maritime legislation. In recent years, as shipbuilding, communication technology, the quality of crew rise ceaselessly, the Hague rules have been unable to meet the requirements of the development of modern shipping. It presents many new problems, for example, the ship owner’s defense was generally limit; there are many different ship seaworthy standards between different regions, such as "care", "potential defects", "first obligation", the problems in different countries have different court interpretation. These problems that deserve our full attention:ship seaworthy problem is not only a legal issue, but it is also a highly technical problems. Therefore, how to understand and skillfully use it is not very easy for us.Throughout our country "maritime law", about ship seaworthy reflected in 47: " The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, properly man, equip and supply the ship and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation." Therefore, our country "maritime law" 47 is actually the translation of Hague rules in paragraph 1 of article 3.This clause in the maritime practice cannot solve the problem of ship seaworthy. There must be many disputes arising. The seaworthiness of vessel is a very important problem, because it dispatches the parties, both parties of insurance, independent contract (such as charterer, the administrator, the ship operator). Therefore, in recent years, for solving the problem, related organizations also re-established many international conventions and new national maritime law, such as ISM regulation, and the STCW95 convention of Rotterdam rules on the carrier, the obligation of carrier seaworthy is not only a maritime theoretical hotspot, but a practical problem.This paper is divided into introduction, body and conclusions of the three major components, the body includes five parts.The first part is mainly to introduce the connotation of the carrier ship seaworthy obligations and classification. The first section defines the connotation of the carrier ship seaworthy obligations. The second section addresses the particularity of ship seaworthy obligations. However, it is the primary obligation. The main content of the third quarter is the type of ship seaworthy obligations.The second part mainly introduces the purpose and significance of this paper. At the beginning, the paper reviews the history of seaworthiness. With understanding of 1974 SOLAS, STCW78/95, ISM Code and many maritime cases, the writer emphasize to summarize.The third part introduces the standard of the ship seaworthy obligations. In this part, the author systematically defines the obligations. The first section analyzes the time of airworthiness obligations on its definition. The second section of airworthiness obligation is to define the space of seaworthy obligations.The third section is the competent requirement of airworthiness obligations on defining. The fourth quarter is the judgment of the carrier airworthiness obligation, to judge the main standards.The fourth part is to research the exempt scope and conditions of ship seaworthy obligations, is mainly aimed to the practices that some problems appeared frequently. Moreover, the author is using the method of comparison to put forward countermeasures.The fifth part focuses on burden of proof between the carrier and the shipper. Because the carrier has evidence advantages, they must take more responsibility. In the end of this part, the author puts forward a new proof responsibility structure. |
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