A study of the system of carrier's liability for passengers in Taiwan through compare with the Athens convention

• Main Authors: Mai, Yun-Lun, 麥芸綸
• Other Authors: Tseng, Kuo-Shiung
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/46143090033503486940

碩士 === 長榮大學 === 經營管理研究所 === 93 === For promoting the development of shipping industry, Taiwan’s Maritime Law which are only thirteen articles relative to carriage of passengers and some regulations are partial to protect carrier’s benefit. Another, liability of carriage of passengers is deemed the same base of goods in Maritime Law is not reasonable. Recent years the government promotes progressively the “Blue Highway” plan to arouse the industry of marine tourism. Therefore, the constitution of carrier’s liability is very important. “Athens Convention relating to the Carriage of Passengers and their Luggage by sea, 1974” (Athens Convention, 1974) is the international convention that the most countries have joined in. Many countries have referred to the Athens Convention and transfer some regulations of the Convention into their domestic law. This paper seeks to examine the problems of the system of carrier’s liability from Athens Convention, 1974. The liability without fault of Taiwan’s Consumer Protection Act in terms the passenger carrying service provider also be discussed. However, the literatures relating to the carriage of passengers and the system of carrier’s liability are very few in Taiwan. This study found that the current Maritime Law in system of carrier’s liability is not consistent. In Taiwan, the passenger’s benefit could be short of the guarantee, while the carrier’s liability for passengers can not compare with Athens Convention which was accepted universally. This study suggests that the Maritime Law should be revised based on the Athens Convention and Consumer Protection Act to set up a carrier’s liability system for passengers which can safeguard passenger’s benefit in Taiwan.