碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 96 / When the vessel sailing at sea , based on the International Regulation for Preventing Collision at Sea 1972 (1993 Amended) , the vessel should comply with all rules of proper look-out to avoid an immediate danger both the force majeure and the perils at sea , according to the survey report that over 80% of collision accident arising from the personnel carelessness , especially cause the hull damage , cargo loss , personnel casualty after collision , it may cause to sink if being serious , its loss can be well imagined , inevitably it may cause the responsibility of damage compensation after collision , and guarantee the transportation security of shipowner is safe , most of shipowner have had to shift the responsibility of compensation by the way of insurance contract , this research carries on the analysis by the maritime law and the correlation international rules responsibility of reason and an error of state regarding the ships collision , and the maritime law and relevant international rules to its liability of collision , grant cover for the rule as research range with the hull insurance clause , cargo insurance and the P&I Club of British association , adopt the analytic approach , collect relevant reports , and give cover for the range to carry on the discussion to the the current insurance agreement and the P&I Club liability.
The findings knew that the ships collision is a type of an act of tort , its liability asks to recompense is looks carefully the state of fault to decide , generally may divide into the force majeure or the unknown cause collision , the mutual fault of both sides collision and so on , because if the force majeure or the unknown cause collision , undertake voluntarily by the victim , if an error of the side undertakes the damage compensate responsibility by the inflicter , when if both sides have mutually to cause its faults , basically it depends on the fault (proportion) to share , but if it’s unable to judge the proportion then the average to share is necessary.
The shipowner join the hull insurance agreement via the P&I Club to transfer the burden of hull loss and the responsibility risk , generally because the running down clause adjustment will compensate the hull damage responsibility after hull insurance 3/4th , other 1/4th collision liability via the P& I Club by reason of compensation , as for the ships damage aspect , the insurance coverage may well compensate due to the damage of collision , after having the collision the cargo owner may also transfer the liability of cargo insurance to the running down clause , it will transfer after passing the burden the ships collision and if possible in the transportation agreement and the bilateral fault running down clause to have the liability risk
The research finally suggested that it is difficult to its follow-up check after collision , and write down all accident details in advance , the deck log will be recorded in detail , adopt stating with the shipowner unanimously in accident , various kinds of fact reports , if time and environment is permitted obtaining the information of the other ship , the endorsing of letter of commitment of responsible ship is required , as stated by the safety management rule of international marine stipulates , the shipowner is besides must manage her ship fleet to set up a set of safety system of feasible monitor procedure , and it will so as to ensure do effective risk management , in order to reduce the injury of humanlife and environment , it can accord with management the ship owner continued forever.
| Identifer | oai:union.ndltd.org:TW/096NKIM8301029 |
| Date | January 2008 |
| Creators | Chang Tzu Min, 張慈民 |
| Contributors | 曾文瑞 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 59 |
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