Study On The Limitation Of Liability For Maritime Claims

Limitation of Liability for Maritime Claims is a unique system of maritime law, which plays a substantial role in promoting the steady development of maritime transport industry.The author aims to conduct a thorough research on the system of Limitation of Liability for Maritime Claims, hoping to put forward a series of legislative suggestions on the establishment of Limitation of Liability for Maritime Claims in China.Firstly, the author explains the concept of Limitation of Liability for Maritime Claims, its generation and development and analyzes the legal basis. Basing on which and by discussing whether it should be retaining., the author acknowledges the positive role in the carriage by sea.Secondly, the author probes into the nature and form of execution of the right of Limitation of Liability for Maritime Claims, and puts forward that the right of Limitation of Liability for Maritime Claims is one of the rights of formation. It totally meets the requirements of litigations and of course may be executed by bringing litigations.Thirdly, after analyzing the basic theories of Limitation of Liability for Maritime Claims, this part is a comparative study on substantial concent of Liability for Maritime Claims. It is divided into four parts:persons who have the right to limit their liability, scope of limitation, precondition of limitation and limitation amount. The author also discusses whether Non-vessel operating Common Carrier has the rights of limitation of liability for maritime claims in the theory and practice.Fourthly, the author starts to explain the procedure of Limitation of Liability for Maritime Claims. It gives its focus on the procedure for the person to constitute the limitation fund and provides the procedure for registration of claims and the procedure for distribution of the fund. After all these analyses, came this chapter discussing the problems in existing procedure and makes some suggestion.Finally, the author analyses Limitation of Liability for Maritime Claims in China and points that to fund a complete system of Limitation of Liability for Maritime Claims is necessary. Then the author puts forward some legislative suggestions and hopes to improve the Limitation of Liability for Maritime Claims in China.