bet365 joining bonus code safety is related to human lives、Property and Environment,is the core of bet365 joining bonus code legal regulations。In response to various problems faced by bet365 joining bonus code security,The international community has formulated a large number of regulations related to bet365 joining bonus code security、Security、International bet365 joining bonus code Convention for the Prevention of Pollution from Ships and Relating to Seafarers。With the continuous development of navigation technology,Especially the enlargement of ships、After the universalization of container transportation,Marine transportation risks take on many new forms。Overall view,bet365 joining bonus code safety obligations of both parties to the ship and cargo,Whether it is in the field of public law,Still in the field of private law,They are all being strengthened。
Comprehensively strengthen the safety bet365 joining bonus code of both shipping and cargo parties
The shipping and cargo parties are a community in the bet365 joining bonus code industry,Safety is an obligation that both parties to the ship and cargo must abide by。For carrier,The ship’s seaworthiness obligation and cargo management obligation are its core obligations。With the continuous development of container transportation,Properly packed by shipper、Declare goods truthfully、The obligation to properly transport dangerous goods becomes increasingly important for bet365 joining bonus code safety。
Due to the continuous improvement of international bet365 joining bonus code safety standards,Object of the carrier’s airworthiness obligation,Gradually from the traditional meaning of the ship itself,Extended to technical operating and behavioral regulations related to navigation。According to SOLAS Convention,The captain should make a complete and detailed voyage plan before sailing to ensure navigation safety and protection of the marine environment,Flaws in voyage planning can lead to ships being detained under port state control。In the CMA CGM LIBRA case,The British court held that,The crew did not handle it with caution,Prepare a defective voyage plan,Cause the ship to leave the channel and cause the ship to run aground,The carrier failed to exercise due care to make the ship seaworthy。The British court further emphasized,Just like preparing materials and spare parts before sailing,The seaworthiness of a ship includes that the ship should be equipped with documentation including appropriate charts,Before the ship sails,Flawed voyage plan prepared by the ship,Same as unupdated marine charts,All are ship “characteristics” that may render the ship unseaworthy。
Based on the analysis report of the international insurance market,Many container ship fires and explosions are caused by the cargo itself,Root causes include misclassification and declaration of dangerous goods。Article 68 of my country’s bet365 joining bonus code Law stipulates the consignment of dangerous goods by shippers。This article also stipulates that the shipper shall be responsible for the damage suffered by the carrier due to the transportation of such goods,Strict liability applies。Whether the shipper’s obligations stipulated in Article 68 of the bet365 joining bonus code Law when transporting dangerous goods directly apply to the actual shipper?When dangerous goods are not truthfully declared,Can the carrier comply with the provisions of Article 68 of the bet365 joining bonus code Law,Require the shipper and the actual shipper to bear joint and several liability,There is no clear provision in my country’s current laws。In the case of a dispute over a bet365 joining bonus code cargo transportation contract between the plaintiff Hapag-Lloyd AG and the defendant Xinhua Haitian Northern International Freight Forwarding (Tianjin) Co., Ltd.,The court directly determined that the shipper in Article 68 of the bet365 joining bonus code Law includes the actual shipper,Further strengthened the shipper’s safety obligations。The latest proposal to revise the bet365 joining bonus code Law adopts this view,Apply almost all of the shipper’s obligations to the actual shipper,Stipulates that the shipper and the actual shipper shall be jointly and severally liable,And allow for recovery between the two parties。
Reasonably limit the civil legal consequences of the bet365 joining bonus code’s violation of safety obligations
For the ship,The unseaworthiness of a ship is the main manifestation of its violation of safety obligations,However, the legal consequences of unairworthiness are different in terms of administrative penalties and civil liability。The unseaworthiness of ships that violate bet365 joining bonus code safety administrative regulations will result in bet365 joining bonus code administrative penalties,But if no loss is caused or there is no direct causal relationship with the loss,But it does not necessarily bear civil legal liability。Take marine insurance as an example,The insurance clause in the ship insurance contract stipulates the legal consequences of the insured's violation of the ship's seaworthiness obligation,Usually there are two situations。First, the insurer’s exemption clause when the ship is unseaworthy,The second is what is commonly called the "guarantee" clause。Some insurance clauses are intended to clarify the legal consequences of unseaworthy ships,Clearly state “whether the ship’s unseaworthiness is causally related to the insured accident,Insurers are exempted from liability”。When the insured breaches the ship’s seaworthiness obligation or warranty terms,Whether it is necessary to consider the causal relationship with the insured accident,There is inconsistent understanding in judicial practice。
Improper manning of ships in coastal and inland waterway transportation、It is common to sail beyond the navigation area,Brings serious threat to bet365 joining bonus code security。In the dispute between Chen Moumou and the Gaochun Branch of China PICC Property and Casualty Co., Ltd. and other Tonghai waters insurance contract case,The court held that,The ship involved was not equipped with competent crew members,The ship is unseaworthy。At the same time,The court concluded based on the bet365 joining bonus code administration department’s investigation that “improper operation of the crew was the direct cause of the accident”,Confirmed that the driver on duty does not hold the "Certificate of Competency for Crew of Inland River Vessels",Illegal operation of the ship has a direct causal relationship to the accident,Thereby ruling that the insurer is not liable for compensation according to the exemption clause in the insurance contract。
About the legal consequences of a ship’s breach of warranty obligations by exceeding the navigation area,Is it necessary to consider the causal relationship between breach of warranty obligations and insured accidents?Article 235 of my country’s bet365 joining bonus code Law stipulates this。But the method of interpreting according to the literal meaning,This article does not require a causal relationship between the breach of warranty obligations and the occurrence of the insured accident,As long as the insured breaches the warranty obligation,The insurer has the right to terminate the insurance contract。This strict interpretation method is often seen in judicial cases in our country。The guarantee system in marine insurance originates from the British "Marine Insurance Act 1906",This law and judicial cases adopt a strict interpretation method for the insured's breach of warranty obligations: a warranty is a condition that must be strictly observed,Regardless of the reason and subjective state of the insured’s breach of warranty,As long as the guarantee is not strictly followed,The insurer can then claim that the warranty has been breached。If the insured fails to comply with the warranty,The insurer’s liability for insurance compensation is automatically lifted,Unless otherwise agreed by the parties。This strict interpretation method leads to an imbalance of rights and obligations between the insurer and the insured,In turn, it affects the international competitiveness of British insurance companies。This has been modified by the British Insurance Act 2015,Specially emphasizes that there should be a causal relationship between the insured's breach of warranty obligations and the insured accident。This revision principle has been absorbed by the latest draft revision proposal of bet365 joining bonus code Law,It will also have an impact on my country’s bet365 joining bonus code judicial practice。
Fully draw on the principles of interpretation that are consistent with the spirit of bet365 joining bonus code conventions
The limitation of liability of the carrier is widely applied in the field of transportation law,Limitation of bet365 joining bonus code liability is a unique system in shipping law。Different from the principle of full compensation in civil law,The responsible person enjoys a statutory limited liability system that can be interpreted as "special rights"。But this special right is not absolute,“Intentionally or recklessly acting or failing to act knowingly that it may cause losses” has gradually developed into a condition for the responsible person to lose this special right。“Recklessly acting or omitting to act knowing that losses may result”,Called "faute inexcusable",It originated from the French legislation in the labor field on April 8, 1898,Later, it was transplanted to the bet365 joining bonus code field through aviation law。bet365 joining bonus code judicial practice in my country,Definition of this kind of fault,Lack of relatively unified standards,Some cases equate this kind of fault with "gross negligence",Some cases define it as "indirect intentionality",It is a difficulty in bet365 joining bonus code judicial practice。
International bet365 joining bonus code judicial practice shows,Countries have two different attitudes toward identifying “unforgivable mistakes”: “subjective evaluation” and “objective evaluation”。The British court held that,Limitations of carrier liability are unbreakable,Require the plaintiff to prove that the carrier "knowingly knew that such losses might be caused",Adopting strict "subjective evaluation" standards,Make it nearly impossible to exceed liability limits。In comparison,Many countries have adopted a judicial attitude that is more favorable to the injured party,That is, the "objective evaluation" standard,The injured party only needs to prove that the carrier "should have known that its negligence might cause losses"。Many cases in my country’s bet365 joining bonus code judicial practice adopt the standard of “objective evaluation”。In the case of Jiang Moumou and Lin Moumou’s ship collision liability dispute,The court held that,The ship owner failed to fulfill its ship operation safety management obligations,Possible dangers and hazards such as insufficient crew and unqualified crew should be foreseen,Consists of “acting or failing to act recklessly knowing that losses may result”,Not entitled to limitation of bet365 joining bonus code liability。
In order to protect the interests of the ship,The fault of the ship’s servants or agents does not automatically produce adverse legal consequences for the ship。Navigation negligence exemption、Limitation of Carrier Unit Liability、Maritime compensation liability emphasizes the fault of the person responsible,The carrier or ship owner is not responsible for the captain employed by the ship、Loss of the right to limit unit liability or bet365 joining bonus code due to “unforgivable fault” of the crew。In the case of Zhenjiang Water Supply Company v. Korea Development Bank Investment Co., Ltd. Water Pollution Damage Compensation Dispute,The court distinguishes the consequences of the ship owner’s actions from those of his employees or agents,Determined that the owner of the ship is not responsible for the captain's employment、The crew’s right to bet365 joining bonus code is lost due to intentional or “reckless acts or omissions with knowledge that losses may result”。
(The author is the president of the bet365 joining bonus code Division of Wuhan bet365 joining bonus code Court)
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