Study On The Legal Liability Of Classification Societies For Third Person

Classification Society is a civil society organization that develops ship qualityspecifications, test and issue classification registration certificates for inspected ship orconfirms a certificate issued. The characteristics of the classification societies’ traditionalnature is "nonprofit","third party". With the development of market economy, internationalshipping and national shipbuilding capacity is rising. Faced with the increasingly fiercecompetition, classification society’s functions extend to the industrial areas from the firstentry-level service. The body affected by the classification societies behavior is also fromshipowners extended to the third person. Mainly including marine insurance, ship buyer orship consignments party whose behaviors based on the trust of classification societies. Themain reson for third person signing contract with the the ship user or the owner of the ship isoften based on the trust of the classification societies neutral third party status and theclassification certificate issued, vessel inspection certificate. There is not a direct contractualrelationship between the third party and the classification societies, so the third party can notinvestigate classification society’s responsibility based on the contract.When the behavior ofthe classification societies infringe upon the interests of a third person, the third person caninvestigate the responsibility of the Classification Society based on tort damages.Maritime industry involves many bodies, there will be a huge loss if a maritime accidenthappened. If the third prosecution classification societies bear tort liability and favor, theclassification societies will face huge compensation. In order to ensure the normal running ofthe classification societies and make the third person to receive damage compensation timely,it is necessary to establish a infringement liability limitation system.The aim is to find abalance among Classification societies, shipowners and the third person by establishingclassification society liability insurance, a liability fund and surveyor expert responsibility,while promoting the healthy and steady development of the maritime industry.