Study On The Legal Issues Related To Seaworthiness

As a focus of international maritime law society and transporting circle,the seaworthiness of vessel has always been a basic and paramout obligation of engage in carriage of goods by sea.However,since the ambiguity of the well as the difference in practice,there have been lots of controversy and misunderstandings regarding to this issue for a long time.For this reason,this article starts from the angles of history to resolve the aforementioned problems,the marine transportation practice in our state can learn experience form it.The text of this dissertation is composed of there parts,Introduction,Main Body and Conclusion.The Main Body is divided into four chapters.Chapter 1 "The evolution of seaworthiness",analyzes the typical Maritime and Admiralty law of each period,whereby reappears the origin,development and change of seaworthiness.Chapter 2 "Conception of seaworthiness and the definition of the time ",analyzes the objective standard and the subjective standard.Define the time elements of seaworthiness,represent the meaning of "before and at the beginningof the voyage.Chapter 3 "The status of seaworthiness obligation and the duty of breach of the obligation ",analysis of the "Hague Rules","Hamburg Rules" and China's "maritime" obligations on the seaworthiness.Indicate the interaction of the seaworthiness obligation and exemptions.Analyzes the duty of breach of the obligation.Distribute seaworthiness of the burden of proof to the concept of fairness and justice perspective.Chapter 4 "The trends of the seaworthiness and the responses of our state ", analyzes the trend of the seaworthiness.Discuss the impact of ISM rules and Rotterdam rules on seaworthiness.Based on the analysis,the author suggest that our state should pay more attention to keep up these trends in international society.The innovation of the paper is:analyze the meaning of seaworthiness from the subjective and objective aspects;in accordance with the development trend Seaworthiness on judicial practice of China's maritime response makes relevant recommendations.