非强制引航合同性质之法律分析

Legal Analysis on the Nature of Non-Compulsory Pilotage Agreement

作为国际惯例,强制引航的情况下,引航员疏忽导致水上事故损失均由被引领船舶的船东负责。而国际上一些国家对非强制引航作区别于强制引航的法律后果。我国目前尚无明确法律规定。非强制引航协议具有委托合同的属性,非强制引航员过失造成被引领船舶损失的,应当承担违约赔偿责任。

Being the international practice, the civil liability arising from accidents which were caused by the fault of compulsory pilot is borne by the owner of the ship being piloted. How-ever, the legal status of non - compulsory pilotage service differs from compulsory pilotage service in some other countries. There is no clear provision on this point in China. This paper defines the exact meaning of non - compulsory pilotage service on the comparison of Chinese law and laws of other countries, and further points out the nature of non - compulsory pilotage agreement is one of entrustment contract, thereby the liabilities for breach such contract shall be borne by pilot insti-tution for the loss of vessel suffered from the negligence of non - compulsory pilot.