碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 93 / Abstract
It is important to allocating the burden of proof on the marine cargo claim in the civil litigation. The purpose of this thesis is to establish the rule of the allocation of the burden of proof on the marine cargo claim and provide the certainly rule to our courts when they face this kind cases.
My rule of the allocation of the burden of proof on the marine cargo claim is:
1. The cargo claimant proves his loss and damage in the hands of the carrier.
2. The carrier must prove the cause of the loss.
3. The carrier must prove due diligence to make the ship seaworthy before and at the beginning of the voyage in respect of the loss.
4. The carrier must prove one of the exculpatory exceptions.
5. The cargo claimant then attempts to prove lack of care of cargo or attempts to disprove the above evidence of the carrier.
Finally, our maritime code should be amended again in order to match above-mentioned the rule of the allocation of the burden of proof on the marine cargo claim.
| Identifer | oai:union.ndltd.org:TW/093NTOU5273032 |
| Date | January 2005 |
| Creators | Dan-ning Hua, 華澹寧 |
| Contributors | Ze-Dong Ke, 柯澤東 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 267 |
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