碩士 / 國立海洋大學 / 航運管理學系碩士在職專班 / 91 / For decades, the rules governing maritime torts as shown in international treaties and foreign statutes have been staggering between the interests of carriers and shippers. It is a critical policy issue for each state’s legislature to adopt rules either tending toward carriers or shippers interest, or striking a balance between them. In the Republic of China, the Merchant Shipping Act and its subsequent amendments inherit these rules from international treaties and foreign statutes. However, as a result of misunderstanding and problematic translation of those treaties and statutes plus interest groups lobbying, the wording of the Act is so ambiguous and disputable that it leads to prolific debates among scholars and controversies within shipping industries. Some people even comment that there are as many problems in the Merchant Shipping Act as fish in the oceans. What seems to be inevitable is the painful time consuming for every maritime case pending a court decision.
Chapter one starts with the motivation, purpose, scope and methodology of this thesis. Chapter two describes the general principles of torts in the Civil Code and its special provisions for particular torts. In chapter three there is a detailed discussion on tort actions against the carriers, including the definition of carrier, the meaning of carrier’s tort, period of responsibility, limitation of actions, and the basis, defenses and limits of liability. The tort actions against the servant and agent of the carrier are explored in chapter four. In particular, the definitions of servant and agent, independent contractor and the Himalayas clause, the codification of the Himalayas clause into the Merchant Shipping Act and the interpretation issue of the Article 76 of the Act will be covered. Chapter five draws out a recommendation for legislation as the conclusion.
| Identifer | oai:union.ndltd.org:TW/091NTOU1301003 |
| Date | January 2002 |
| Creators | 賴正聲 |
| Contributors | 曾國雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 177 |
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