A Study on Proportional Liability of Collision at Sea

• Main Authors: Huang, Tien-heng, 黃田亨
• Other Authors: Yang, Jen
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/20243795519225621452

碩士 === 東吳大學 === 法律學系 === 104 === Collision at sea happens in modern world, every single collision means huge loses of property, possible casualties and potential threat of serious pollution to sea, this is one of worst disasters that a seaman can possible imagine. Many papers and books concern all kinds of legal issues about collision at sea. However, exactly how to determine proportional liability for ships that collided at sea, was never be written. Proportional liability is made outside the court but directly applied by judges, that is, proportional liability is a vital element of a judgment. This thesis explores how to determine the proportional liability of collision for parties concerned. Ship has its own unique character in laws, as well as entire maritime community in many aspects such as navigation rules at sea; therefore, civil law does not always be applied in this very issue. Furthermore, sea going ships sail all around the world and all countries in the world have different laws, all these factors will only make this issue more complex. In modern maritime community, ships become faster, bigger and much more expensive than ever, that is, slightly difference in proportional liability can cause huge different in remedy after they collided at sea. This thesis begins with the definition of ship, step by step explores all other legal issues that may be concerned, and find out exactly how to determine proportional liability for ships that collided at sea.