Legal Research On The Development Of Third-party Ship Management

Compared with international ship management industry ship manager in our country has just arisen and is faced with opportunities as well as challenges at same the time. To solve problems properly, it is necessary that there exist consu-mate laws and regulations on ship manager. However in our country,there is almost a vacuum in this area,especially on the civilly abilities aspect.This thesis researches the legal issues on the system of civil liability of ship managers, and based on the basic theories of law and combining with shipping and judicial practice makes conclusions and suggestions for the establishment of the system of civil liability of ship managers.Therefore,in this article,the author tries to use the basic theories of civil law while referring to the regulations in foreign countries to study on the problems relating to ship manager civilly abilities and has reached the following opinions:(1) Ship manager is a separate company who is expressly appointed by an agreement to manage the vessel or vessels of a company for its owners;(2) As the assignee of the owner, ship manager w ill be held liable for breach of contract or for tort;(3) Because of his far-ranging liabilities,ship manager should be entitled to .Liability limitation and take on liability insurance;(4) After the implementation of ISM Code, ship manager may take the Responsibilities of the ship's management on safety and environmental protection and accordingly, take on more liabilities.