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The Study On The Liability Subject Of Ship Collision

Posted on:2016-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhuFull Text:PDF
GTID:2296330470978643Subject:Maritime learn
Abstract/Summary:PDF Full Text Request
This article is based on the existing maritime law of our country about ship collision liability, and systemically studies the subject of collision liability. Aiming at the problem brought by our imperfect legislation about ship collision, the author will study the subject of ship collision liability, combined with the relevant legislative cases of maritime and the judicial practice, using legislation comparison, case analysis and other methods, in order to give reasonable suggestion to the development of our legislation.The full text is divided into four chapters, and the first chapter is to give an overview of the subject of collision liability and introduces the relation and distinction between the ship tort and general tort and further points out the problem of collision liability in the legislation of our country. The second chapter is to analyze different causes of ship collision accident to determine different standards and principles to confirm the subject of collision liability, on the basis of comparison research; The third chapter is to analysis that who on earth could be identified as the subject of collision liability, according to the judgment as determined in the second chapter; The fourth chapter is going to solve the problem of sharing the responsibility between different subjects.On the research methods, this article embarks from the multiple perspectives such as legislation comparison, case analysis, logical reasoning and other research methods. On the one hand, this article learns from the outstanding research results of scholars at home and abroad; on the other hand, the author expresses her own views and attitudes on the basis of reference. With the changing of the shipping practice, this paper discusses its influence on the ship collision liability.The author thinks that, the legal regulation about the subject of ship collision liability of our country is imperfect and there is a long way to go. In this paper, the author will provide a new way for the subject of ship collision liability, according to the research of the theory and practice.
Keywords/Search Tags:Vicarious Liability, Owner’s Liability, Employer Liability
PDF Full Text Request
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