Research On LLMC Of New-Build Vessel In Sea Trial

This paper covers the legal issues of new-build vessel in sea trial trip.In order to clarify whether the new-build vessels which is engaging in their sea trials is entitled to the enjoy the limitation of liability for maritime claims(LLMC). this paper aims at three legal issues:first, what's the legal status of the new-build vessel in sea trial, and whether this kind of vessel could be adjusted by CMC; second, once the accident occurs to the new-build vessels in their sea trials (this paper mainly studies ship collision), how to tell the responsible party——the shipbuilder or the buyer; third, whether the responsible party, especially the ship builder, should be entitled to limit their liability.In addition to the Introduction and Conclusion, this paper consists of four chapters.Chapterl deals with the features and the legal effect of sea trials on the basis of a clear demarcation has been drawn at the conception, procedure, content and purpose of sea trial.Chapter 2 analyzes the connotation and extension of the "sea-going vessel" and the "vessel under construction" from the vessel's construction process, and then defines whether the trials of new-build vessel should be adjusted by CMC.Chapter 3 discusses the responsible party to the collision of new-build vessel, which is the typical form of maritime tort in order to do foreshadowing for the limitation of liability for maritime claims bellow.Chapter 4 is the highlight of this paper. After the analysis on legal status and responsible party in Chapter 2 and Chapter 3, Chapter 4 illustrates whether new-build vessels should apply to LLMC after comparing with due vessel and due responsible party under LLMC.This paper adopts interpretation methods such as historical interpretation, teleological interpretation, literal interpretation and so on. By making a comparative analysis of international convention and foreign legislation, this paper holds that new-build vessel in sea trials should be adjusted by CMC. According to the ship registration, consensus of the parties and nature of the shipbuilding contract, ship owner would be identified as the responsible party. Ship manager or possessor could also be identified by employer liability theory. On the basis of vessels and responsible parties under LLMC, it should be applied to new-build vessels conditionally. On consideration of the historical background of LLMC, and the influential to ship-build industry ship-building insurance, the ship builder, who is seemed as ship manager under collision casualty, should be entitled to limit their liability.