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Liability Of Compensation For Collision Damage In The Panamanian Waters Caused By Ships

Posted on:2023-11-27Degree:MasterType:Thesis
Institution:UniversityCandidate:ALEJANDRA ESTEPHANIA VILLARREAFull Text:PDF
GTID:2556307040978059Subject:Maritime learn
Abstract/Summary:PDF Full Text Request
This is a detailed legal study regarding Panamanian collision laws and regulations with particular attention paid to the determination of collision liability and the compensation for collision damages in the event of this type of maritime accident.A look is taken at the Panamanian jurisdiction is analyzed,in the cases of ship collision in general,its application and scope.Likewise,issues such as that in Panamanian law there are no rules that determine the apportionment of liability and who is the liability party in ships collision,it also describes the learning of legal remedies in accordance with the comparative law of foreign countries that determine the liable party in ships collision cases.And it is important to establish a system which enables liability to be determined and ensures that any compensation due is paid.Civil liability is discussed,once again with direct reference to collisions.Thus,the civil duty of care is outlined,and the specific issues of fault,damages and causation are investigated.A brief overview of limitation of liability is also included.In general,it is predicted that the risk of ships collision is one of the dominant risks,this risk causes a judicial investigation of who is liable for paying the damages caused by this maritime accident.The subject of this thesis originated in a need for continuous updating and revision of the laws in Panama that determine who is the liable party and who will compensate and how,according to current laws and in comparison with those of other countries.This paper proposes to Panama a modification of the Commercial Maritime Code to add the articles to identify the liable party and give the percentage of liability in each cases,because,where collisions occur,these rules also help to determine fault,liability and liable parties,and provides a framework within which the casualty can be adjudicated.This shows a great relevance for the research area.However,there is also a need to update the Panamanian ship collision regulations to determine who the liable party is when a collision occurs.
Keywords/Search Tags:Liable Parties, Collision Regulations, Collision Liability, Compensation, Collision Damages, Civil Liability
PDF Full Text Request
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