As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and...As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and on which the man liable can limit his liability in three aspects: (1)the enforcement of maritime liens attached thereto; (2) the rank thereof against the limitation fund; (3) the extinguishment of maritime liens attached thereto after the liquidation of the fund. Four key points on the comprehension of the Art. 30 of the CMC are also given in the展开更多
This article analyzes five points related to the time-bar for re-course action which aren’t expressly provided in Art. 257 of CMC:(a) whether the time-limit for recourse shall apply to the shipperI(b) within one year...This article analyzes five points related to the time-bar for re-course action which aren’t expressly provided in Art. 257 of CMC:(a) whether the time-limit for recourse shall apply to the shipperI(b) within one year, whether the time-bar of 90 days shall be appli-cable; (c) the questions on the starting date upon which the 90 daysperiod shall commence; (d) whether the starting date is reasonable;(e) whether the time-limit shall apply to independent contractors:on the basis of the detailed analysis and discussion, the paper pro-poses that Art. 257 be amended accordingly.展开更多
By comparison with other countries’ maritime laws,the paper thinks that the arbitrary cancellation of the contract in CMC is not the same as what has been accepted by the world. Shippers can not rely on Art. 89 of CM...By comparison with other countries’ maritime laws,the paper thinks that the arbitrary cancellation of the contract in CMC is not the same as what has been accepted by the world. Shippers can not rely on Art. 89 of CMC to cancel the contract at their will. This paper intends to point out the negligence on legislation related to Art.89 of CMC,and awake the attention of relevant展开更多
文摘As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and on which the man liable can limit his liability in three aspects: (1)the enforcement of maritime liens attached thereto; (2) the rank thereof against the limitation fund; (3) the extinguishment of maritime liens attached thereto after the liquidation of the fund. Four key points on the comprehension of the Art. 30 of the CMC are also given in the
文摘This article analyzes five points related to the time-bar for re-course action which aren’t expressly provided in Art. 257 of CMC:(a) whether the time-limit for recourse shall apply to the shipperI(b) within one year, whether the time-bar of 90 days shall be appli-cable; (c) the questions on the starting date upon which the 90 daysperiod shall commence; (d) whether the starting date is reasonable;(e) whether the time-limit shall apply to independent contractors:on the basis of the detailed analysis and discussion, the paper pro-poses that Art. 257 be amended accordingly.
文摘By comparison with other countries’ maritime laws,the paper thinks that the arbitrary cancellation of the contract in CMC is not the same as what has been accepted by the world. Shippers can not rely on Art. 89 of CMC to cancel the contract at their will. This paper intends to point out the negligence on legislation related to Art.89 of CMC,and awake the attention of relevant
