Comparing Research of Shipowner Liability Limitation and Carrier Liability of Maritime Law for Cross Straits / 海峽兩岸海商法對船舶所有人責任限制及海上貨物運送人責任規定之比較研究

碩士 / 淡江大學 / 大陸研究所碩士在職專班 / 91 / This paper reports the liability limitation of shipowners and the liability of cargo carriers based on the maritime law of Mainland (1993) and Taiwan (1999). First, we describe the overview of liability about the maritime law of both the Mainland and the Taiwan area, and then compare their difference with Hague Rules, Hague-Visby Rules, Protocol and the Hamburg Rules. The paper is organized as follow. In the first section, we describe the motivation, research goal, terminology, research approach, research architecture, scope and limitation of this paper. In the next section, we discuss the past history of maritime lawmaking in the Mainland and the Taiwan. The liability limitation system of shipowners, the subject of liability, the limits of liability, the exceptive event, and the measurement of liability limitation are devoted in section 3. In section 4, we analyzed the liability of cargo carriers by sea with international convention about the basis of liability, period of responsibility, package limitation, as well as Himalaya Clause of both Mainland and Taiwan. Section 5, we propose some conclusion and suggestion.

Identiferoai:union.ndltd.org:TW/091TKU01025018
Date January 2003
CreatorsChien,Chang-Tse, 簡昌澤
ContributorsDr.Tseng,Kuo-Shyong, 曾國雄
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format206

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