Study On Ship Collision Responsibility Of Time Charterers

The determination of the subject of liability in ship collision is the premise to solve the problem of ship collision damage compensation.China's existing legal provisions on the ship collision liability subject are not perfect,and there is little research on the time charterer's ship collision responsibility.According to the traditional view,in the time charter party,the owner of the ship is liable for collision,and the charterer cannot be the subject of ship collision liability.However,there are relevant cases where time charterers are responsible for the ship collision.In order to study the issue of ship collision liability of time charterers,this paper is entitled Study on Ship Collision Responsibility of Time Charterers and uses the Tort Liability Law as the legal basis.By comparing the legislation and cases at home and abroad,the relevant theories and doctrines were analyzed and the shortcomings of China's current legislation were pointed out,aming to promote the improvement of ship collision liability subject system.This paper is divided into fIve chapters.The first chapter is an overview of the main problems of ship collision responsibility.The definition of ship collision and ship collision responsibility are elaborated and the characteristics of ship collision liability are analyzed.The impact of the theory of The Personalization of Ship on the determination of the subject of ship collision responsibility is discussed.Then the existing research on the identification and confirmation of the subject of ship collision are summarized.The second chapter deals with the legislative provisions of various countries regarding the subject of ship collision liability.This chapter comparatively studies the Civil Law System,the Common Law System,and China's legislative provisions on the subject of ship collision liability under a time charter party.The third chapter describes the theory of the subject determination of the ship collision liability in the time charter contract.The relevant theory that the charterer is regarded as the subject of ship collision liability is analyzed,including actual control theory,actual benefit theory,contract nature theory,and user responsibility theory.The fourth chapter deals with the relevant evidence of the time charterers as ship collision liability subjects.Two situations are considered and analyzed in which the time charterer is responsible for the ship's collision responsibilities,that is,the ship collisions that occur during the towing of the time charter ship and the ship collisions that occur under the atypical time charter.The fifth chapter is the reflection on the current legislation in our country.The problems existing in our country's current legislation are pointed out and an idea is put forward,which is to use the principle of actual management and control to determine the subject of the ship collision.