碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 93 / －Abstract－
Performance assistants, including captain, mariner, pilot, stevedores and cargo controller, they are necessary to recent maritime shipment. Therefore, performance assistants are subjects of Maritime Law.
The amendment of Maritime Law article 76 patterned Himalaya Clause. Moreover, according to the section 2 of article 76, Benefits of R.O.C. Maritime Law (including the Statutory Exemption form Liability, Limit Liability and Time Bar)also apply to “on land” performance assistants and the independent contractors.
This thesis focuses on the problems of the benefits of R.O.C. Maritime Law to performance assistants’ torts liability. The context including Chapter One: Introduction, Chapter Two: The Definitions and Kinds of Performance Assistants, Chapter Three: The System of Liability of Performance Assistants, Chapter Four: The Period of Responsibility of R.O.C. Maritime Law, Chapter Five: The Legal Fundament of The Benefits of the Sea Carrier's Performance Assistant Under the Himalaya Clause, Convention and Maritime Law, Chapter Six: The Benefits of the Sea Carrier's Performance Assistant Under the R.O.C. Maritime Law and Chapter Seven: Conclusion.
Key word: Maritime Law ; Performance Assistant (servant,
agent and independent contractor) ; Tort ;
Himalaya Clause ; Statutory Exemption from
Liability ; Limitation of Liability ; Time Bar
(Limitation of Actions) ; Benefits of COGSA.
| Identifer | oai:union.ndltd.org:TW/093NTOU5273006 |
| Date | January 2005 |
| Creators | Yih-Jong Yang, 楊憶忠 |
| Contributors | I-Shan Lin, 林一山 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | en_US |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 215 |
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