Research On The Distinction Between Claims Subject To Limitation And Claims Excepted From Limitation In Ship Accidents

This article mainly studies how to distinguish between claims subject to limitation and claims excepted from limitation caused by ship accidents in my country’s maritime judicial practice.Ship collision or contact accidents will cause a series of legal consequences,including property damage and personal injury.At the same time,the corresponding operations carried out by the maritime authorities involved in the accident mainly include anti-pollution clean up operations,rescue operations,wreck removal operations,sunken ships and sunken objects salvage and other emergency operations,which will also bring a series of maritime compensation claims,including both claims subject to limitation also include claims excepted from limitation.In addition,there are some claims that are not stipulated in the CMC.In maritime judicial practice,the claims and repayment of such claims are due to lack of clear legal basis.It is necessary for the judge to make a correct determination of this type of maritime compensation request based on the specific case and adopt a reasonable and appropriate legal interpretation method.When judges hear specific cases,legal interpretation is an intermediate link in the application of the law,as well as a necessary process for the application of maritime judicial law.On the basis of correct disclosure and expression of maritime law norms,the unified interpretation and application of similar cases in maritime judicial practice should be its due attribute of value.This article first introduces the historical background and development trend of the maritime claims liability limitation system in Chapter 1,and mainly studies the basic categories and theoretical foundations of claims subject to limitation and claims excepted from limitation,and then analyzes and discusses the basic categories and theoretical foundations of claims subject to limitation and claims excepted from limitation.In ship accidents,it is necessary to distinguish between the two types of claims.Chapter Two distinguishes and compares the operating costs of several emergency operations that are often involved in ship accidents,and uses this as a starting point to study the distinction between claims subject to limitation and claims excepted from limitation in ship accidents.The third chapter mainly examines the judicial practice of the distinction between claims subject to limitation and claims excepted from limitation in ship accidents at home and abroad.It combines the judicial practice of foreign countries and the relevant maritime judicial practice of our country,and analyzes the application of legal interpretation methods in this field of maritime justice.Based on the analysis of specific typical cases in maritime judicial practice,the analysis and research on the distinction between claims subject to limitation and claims excepted from limitation in maritime judicial practice are carried out,and the enlightenment is obtained from it,and it is pointed out the problems in the application of law in the two types of claims.Finally,Chapter IV of this article puts forward specific suggestions on how to correctly distinguish between claims subject to limitation and claims excepted from limitation in ship accidents.