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...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.展开更多
接《绿色能源航运保险研究(上)》(见本刊2024年第8期)(二)绿色能源航运保险产品——绿色能源保赔险1.国内保赔险条款现状船东保障与赔偿责任保险(Shipowner’s Protection and Indemnity Insurance,简称保赔险)承保船东在经营活动中可...接《绿色能源航运保险研究(上)》(见本刊2024年第8期)(二)绿色能源航运保险产品——绿色能源保赔险1.国内保赔险条款现状船东保障与赔偿责任保险(Shipowner’s Protection and Indemnity Insurance,简称保赔险)承保船东在经营活动中可能对第三方产生的各类责任,如船舶油污赔偿责任、船员伤亡赔偿责任、货物损坏赔偿责任等。国内主流保险条款有:适用于远洋船舶的中国人民财产保险股份有限公司的远洋船东保障与赔偿责任保险条款(2020版),以及适用于沿海内河船舶的中国人民财产保险股份有限公司的沿海内河船东保障与赔偿责任保险条款(2020版)。展开更多
文摘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.
文摘接《绿色能源航运保险研究(上)》(见本刊2024年第8期)(二)绿色能源航运保险产品——绿色能源保赔险1.国内保赔险条款现状船东保障与赔偿责任保险(Shipowner’s Protection and Indemnity Insurance,简称保赔险)承保船东在经营活动中可能对第三方产生的各类责任,如船舶油污赔偿责任、船员伤亡赔偿责任、货物损坏赔偿责任等。国内主流保险条款有:适用于远洋船舶的中国人民财产保险股份有限公司的远洋船东保障与赔偿责任保险条款(2020版),以及适用于沿海内河船舶的中国人民财产保险股份有限公司的沿海内河船东保障与赔偿责任保险条款(2020版)。
