The Study On The Right Of Limitation Of Liability For Maritime Claims Of Voyage Charterers

This paper systematically research on whether voyage charterers are qualified to invoke Limitation of Liability for Maritime Claims;whether voyage charterers,when facing claims for damages of the ship under charterparty,can invoke the Limitation of Liability for Maritime Claims against shipowners;and the right of Limitation of Liability for Maritime Claims of voyage charterers who use part of the ship and slot charterers,looking forward to provide useful reference for the unification of judicial practice.It is in dispute among juridical practice and academic when it comes to whether voyage charterers are qualified to invoke Limitation of Liability for Maritime Claims.In this paper,writer summarizes juridical opinions,uses different law interpretation methods and draws that:voyage charterers are qualified to invoke Limitation of Liability for Maritime Claims.It has not been reported in domestic judgement yet and is still in dispute among academic that whether voyage charterers,when facing claims for damages of ship under charterparty,can invoke Limitation of Liability for Maritime Claims against shipowners.This paper uses literal interpretation,draws that claims for damages of ship under charterparty do not fall in the claims which can be limited;uses historical interpretation,draws that voyage charterers are not entitled to limit their liabilities when facing claims brought by shipowners;uses logical interpretation,draws that if the limitation fund will limit claims brought by persons who set up the fund,such claims do not fall in the claims which can be limited.In conclusion,voyage charterers can’t invoke Limitation of Liability for Maritime Claims on claims for damages of ship under charterparty.It has also not been reported in domestic judgement and is still in dispute that whether voyage charterers who use part of the ship and slot charterers are entitled to invoke Limitation of Liability for Maritime Claims,and if they are entitled,how to calculate the limitation fund.This paper refers to English judgment,uses different law interpretation methods,and draws that:they are entitled to invoke Limitation of Liability for Maritime Claims,and their limitation fund should be calculated by reference to the whole tonnage of the vessel.This paper gives amendment advice to Chinese Maritime Code in the last chapter,including:explicate what kind of charterers are entitled to limit their liabilities in Art.204(2);explicate claims for damages of the ship under charterparty brought by shipowners fall in the claims excepted from limitation in Art.208;explicate no matter whether charterers use part of the ship,their limitation fund should be calculated by reference to the whole tonnage of the vessel in Art.210.