Study On Legal System Of Limitation Of Liability For Maritime Claims

Maritime limitation of liability system focuses on the protection of the shipownerand the relevant people. It mainly refers to the perils occurs at sea which resulting inpersonal injury or great damage, the responsible parties’ compensation can be limitedwithin a certain amount. The responsible parties such as the shipowner, charterer andoperator shall have the right to apply for the liability be limited. Maritime limitationof liability is a privilege to the responsible parties in accordance with the provisions ofthe system.However, with the shipping industry, the basic elements of this system, such asthe applicable ships, the responsible parties who can limited the liability, the scope ofthe system and the limitation fund’s establishment and distribution have changed withdifferent degree. Maritime limitation of liability system is unique, this thesis does notdiscuss the procedural issues in the system, and analysis the substantive legal issuesfor the limitation of liability for maritime claims.Firstly, the thesis start with the basic theory of this legal system, givingdescription of its industry background, historical background and legal basis as astarting point, certainly in today’s shipping development still has the meaning ofexistence. At the same time, with the scientific and technological development and therefinement of the maritime shipping, maritime claims system should adapt to thedevelopment of society to make adjustments.The second part is a maritime limitation of liability applicable to the ship’sdiscussion, it firstly analysis the ships which apply to the system, then analyses theproblem that whether the special ship, the inland ship and the unseaworthiness shipshall should be included in the maritime limitation of liability regimeThe third part analyses the parties who can limit the liability for maritime claims.It firstly introduce the relevant international conventions and analysis of relevantprovisions in our country, then discuss weather the charterer, the ship management and non-vessel carrier can limit the liability.In this thesis, the fourth part is the scope of the maritime limitation of liability. Itfirstly proceeds with the claims subject to limitation in International Convention, thenanalyses the difference of the claims subject to limitation Under the domestic lawsystem, define the scope of the claims subject to limitation and the claims not subjectto limitation. It mainly analyses limitation of liability for the salvage and removalcosts and the ship oil pollution damage claims.Finally, according to the stipulations of law, the author reviews and summarizesthe substantive issues of the limitation fund for maritime claims, such as theestablishment of the fund, the legal consequences of establishing the fund and theproblem of distribution of the fund.This thesis attempts to study on the theory of the liability for maritime claims,learn from the foreign country’s mature experience and the scholar’s viewpoints, andfinally brings out the opinion about the legal system which is inthe occasion of thereform, explore the way of the development and improvement of the legal system.