原文传递
Study on Time Limitation of Marine Cargo Claim
| 题名： | Study on Time Limitation of Marine Cargo Claim |
| 正文语种： | 中文 |
| 作者： | 賴煥升 |
| 关键词： | Time limitation;Rotterdam Rules;Hague-Visby Rules;Maritime claims |
| 摘要： | The purposes of enacting time limitation is based on three reasons: the objective status quo shall be maintained, the difficulty to satisfying burden of proof shall be lessened, and the long-term protection to a failure-to-practice right holder shall be considered as improper. In field of maritime cargo claim, the Section 56 para.2 of Maritime Act provides: The carrier and the shipowner shall be discharged from all liability in respect of the damage or loss either totally or partly, of the cargo unless suit is brought within one year of their delivery or of the date when they should have been delivered". It was enacted in accordance with the Hague-Visby Rules, while this provision is not fully consistent with the Hague-Visby Rules. That is, it does not provide an extension period to for raising remedy suit. Moreover, Civil Code categorizes time limitation periods into extinctive prescription and non-claim statutes. It needs to explore if there is any difficulty faced under such a circumstance. This paper will examine time limitation by reference to international maritime practices, conventions, in order to provide some suggestions for further amendments. |
| 期刊名称： | 航运季刊 |
| 出版年： | 2017 |
| 期： | 01 |
| 页码： | 73-87 |
相关文献
- An Empirical Study on the Improvement of the Operational Process in An Air Cargo Terminal
- A Legal Study for Taiwan's Maritime Lien Cases and Amendment Opinion
- The Study on Notification Rules of the Cargo Weight in the Carriage of Goods by Sea
- Ship routing and scheduling systems: forecasting, upscaling and viability
- A STUDY ON THE INFLUENCE OF THE MARINE ENVIRONMENTAL DETERIORATION AND MARITIME SAFETY FROM CARRYING ILLEGAL SAND MINING IN THE SEA AREA BETWEEN KINMEN AND XIAMEN-THE CASE OF MAINLAND CHINA BOATS
- The interrelationship between ocean, rail, truck and air freight rates
检索历史
应用推荐
