Research On The Subject Scope Under The Limitation Of Liability For Maritime Claims

The system of limitation of liability for maritime claims was initially established to protect ship owners.With the refinement of social division of labor,more and more liability subjects bear similar maritime risks with ship owners,and the development trend of liability limitation parties is from one to multiple.The main factors that affect the qualification of the subject of liability limitation for maritime claims are the type of ship and legal value orientation.Analyzing them is beneficial for clarifying the qualification of the person of liability insurance.The subject of limitation of maritime claims liability stipulated in China’s Maritime Code includes: shipowners,salvors,and their responsible persons for their actions and faults,as well as liability insurers,among which shipowners include ship charterers and ship operators.In practice,there is controversy over the limitation of maritime liability for voyage lessees,container space lessees,ship managers,employed salvors.Clarifying the qualification of liability limitation for the aforementioned entities has practical and theoretical significance.The traditional ship charterers in China include voyage,time,and bareboat charterers.From the legislative perspective,placing the voyage charter party in Chapter4 of the Maritime Code does not affect its leasing nature,and the Maritime Code does not specifically specify the scope of the ship charterer.The participation of voyage charterers in transportation operations faces significant maritime risks,and the liability limitation status of voyage charterers should be recognized.Container space leasing has the characteristics of both voyage charter and time charter.Regardless of which is more similar,the container space lessee can enjoy the same liability limitation treatment as the voyage charter or time charter.Due to the fact that the lessee of the container space can issue a bill of lading on their own,the container space lease contract can be interpreted as a special type of time charter party.The legal status of the container space lessee should refer to the time charter party,which is the subject of limitation of maritime liability.During the entrusted management period,the ship manager may be responsible for the ships they manage due to negligence or negligence,or may face huge compensation liabilities.There is a fundamental difference between ship managers and ship operators,and the current research on ship managers is mature,so they should be separately listed as the subject of liability limitation.Employed salvage is a special form of maritime salvage,and the commander of the employed salvage operation is different from traditional salvage.It should not be used as a basis for excluding the right of the employed salvors to limit maritime compensation liability.In the Maritime Code,appropriate changes will be made to the form of salvage,and the qualification of employing a rescuer to limit liability can be confirmed.