碩士 / 東吳大學 / 法律學系 / 98 / The Maritime Act is an international law, which plays a key role in the development of a nation’s sea transport. The most significant aspect of the Act, in particular, involves the carriage of cargo by sea. Therefore, rules regarding the carrier’s obligations and duties are especially important. Currently, Taiwan’s Maritime Act does not stipulate the carrier’s compensation and liability due to delay, and Article 5 is being applied to such court cases. However, the Civil Code states that the carrier has a legal duty to pay for damage caused by delay but the “limits of liability” of the Maritime Act are not applicable to the amount of compensation. This provision is considered to be unfair.
This study, therefore, investigated the carrier’s liability for damage due to delay by considering both the Civil Code and the Maritime Act. It analyzed and classified court cases in Taiwan. In addition, the study also examined five sets of international rules, including the Hague Rules (1924), the Hague/Visby Rules (1968), the Hamburg Rules (1978), the Multimodal Transport of Goods (1980) and the Rotterdam Rules (2009), as well as rules in Germany, Japan, the U.K. and the U.S. The carrier’s liability investigated in this research, however, was limited to economic loss. Physical damage to or loss of goods were not considered in the study.
The study concluded that it is urgent that the Maritime Act be revised and modernized to comply with the current international rules. Specifically, the revised Act should stipulate that the carrier has a legal duty for economic loss caused by delay. In terms of compensation amounts, this study suggested that in addition to continuing to apply the existing “limits of liability”, the Maritime Act be revised according to the latest international rule–that is, compensation should be limited to two and a half times the freight payable on the goods delayed, and the total amount payable should not exceed the total loss of the goods concerned (Rotterdam Rules, 2009).
| Identifer | oai:union.ndltd.org:TW/098SCU05194085 |
| Date | January 2010 |
| Creators | Shu-wen Cheng, 程淑文 |
| Contributors | none, 劉宗榮 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 151 |
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