摘要
The personal casualty on the seaman employed abroad is one of the marine personal casualty conserning foreign affairs. The seaman himself and his family members enjoy the right of action. There is a relation of labour contract between the employed seaman and the shipowner, therefore the shipowner holds the contractual liability for the seamans personal easualty during the employment. Sometimes the shipowner’s act of tort can cause the seaman’s personal casualty, which forms the shipowner’s concurrence of civil liability. The author holds that the injured seaman himself and his family members should be allowed to choose the favourable legal norms for the indemnity from the shipowner. But in China,the personal casualty is provided as the liability for tort, consequently, the indemnity of Personal casualty caused from the non act of tort lose its legal basis,so the legislation should be improved.
The personal casualty on the seaman employed abroad is one of the marine personal casualty conserning foreign affairs. The seaman himself and his family members enjoy the right of action. There is a relation of labour contract between the employed seaman and the shipowner, therefore the shipowner holds the contractual liability for the seamans personal easualty during the employment. Sometimes the shipowner's act of tort can cause the seaman's personal casualty, which forms the shipowner's concurrence of civil liability. The author holds that the injured seaman himself and his family members should be allowed to choose the favourable legal norms for the indemnity from the shipowner. But in China,the personal casualty is provided as the liability for tort, consequently, the indemnity of Personal casualty caused from the non act of tort lose its legal basis,so the legislation should be improved.
出处
《中国海商法年刊》
1994年第1期304-311,共8页
Annual of China Maritime Law
