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    Chapter 4 Introduction of Maritime Law

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    SUDHANSHU SINGH
    This document discusses the definition, subject matter, sources, nature, characteristics, and developing trends of maritime law. It defines maritime law as regulating relations arising from maritime transport and matters pertaining to ships. The key subjects of maritime law are contracts, torts, and special risks relating to marine transport and the legal status, ownership, safety, and management of ships. Sources of maritime law include national legislation, international shipping conventions, international practices, and legal cases and theories. Maritime law has a strong foreign relation character, technical aspects, and deals with risky matters. There is a developing trend toward greater unification, responsibility of shipowners, public law influences, and ship-centered rather than cargo-centered focus.

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    Chapter 4 Introduction of Maritime Law

    Uploaded by

    SUDHANSHU SINGH
    111 views10 pages
    This document discusses the definition, subject matter, sources, nature, characteristics, and developing trends of maritime law. It defines maritime law as regulating relations arising from maritime transport and matters pertaining to ships. The key subjects of maritime law are contracts, torts, and special risks relating to marine transport and the legal status, ownership, safety, and management of ships. Sources of maritime law include national legislation, international shipping conventions, international practices, and legal cases and theories. Maritime law has a strong foreign relation character, technical aspects, and deals with risky matters. There is a developing trend toward greater unification, responsibility of shipowners, public law influences, and ship-centered rather than cargo-centered focus.

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    428957067-Maritime-Law-ppt

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    This document discusses the definition, subject matter, sources, nature, characteristics, and developing trends of maritime law. It defines maritime law as regulating relations arising from maritime transport and matters pertaining to ships. The key subjects of maritime law are contracts, torts, and special risks relating to marine transport and the legal status, ownership, safety, and management of ships. Sources of maritime law include national legislation, international shipping conventions, international practices, and legal cases and theories. Maritime law has a strong foreign relation character, technical aspects, and deals with risky matters. There is a developing trend toward greater unification, responsibility of shipowners, public law influences, and ship-centered rather than cargo-centered focus.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    111 views10 pages

    Chapter 4 Introduction of Maritime Law

    Uploaded by

    SUDHANSHU SINGH
    This document discusses the definition, subject matter, sources, nature, characteristics, and developing trends of maritime law. It defines maritime law as regulating relations arising from maritime transport and matters pertaining to ships. The key subjects of maritime law are contracts, torts, and special risks relating to marine transport and the legal status, ownership, safety, and management of ships. Sources of maritime law include national legislation, international shipping conventions, international practices, and legal cases and theories. Maritime law has a strong foreign relation character, technical aspects, and deals with risky matters. There is a developing trend toward greater unification, responsibility of shipowners, public law influences, and ship-centered rather than cargo-centered focus.

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    of 10

    Chapter 4 Introduction of

    Maritime Law
    Section 1 Definition and Subject Matter
    of Maritime Law
    I
    Definition of CMC Art.1
    maritime law/law of This Code is enacted with a view to
    admiralty regulating the relations arising from
    maritime law maritime transport and those pertaining to
    or law of admiralty ships, to securing and protecting the
    legitimate rights and interests of the parties
    concerned, and to promoting the
    development of maritime transport,
    economy and trade.
    II 、 Subject matter of maritime law
    (I)special social relationships in marine transport

    1
    2 3

    The contract Law relationship Law relationship


    relationship deriving from deriving from
    related to marine maritime tort marine special
    transport
    risk
    (II) special social relationships related to ship

    1 2 4
    3
    Legal status of Real right of ship: Ship Ship
    ship ： ownership of safety:seaworthin management:
    Nationality; flag; ships; mortgage of ess conditions; register;
    right of cabotage ships; maritime survey; pilotage; administration,
    , etc. liens; possessory manning; etc. etc.
    lien of ships , etc.
    Section 2 Sources of Maritime Law
    I 、 National Legislations

    II
    CMC Art.268 （ 1 ）
    CMC Art.1
    If any international treaty concluded or
    International This Code is enacted with a view to
    acceded to by the People's Republic of
    Shipping regulating the relations arising from
    China contains provisions differing from
    Conventions maritime transport and those pertaining to
    those contained in this Code, the
    ships, to securing and protecting the
    provisions of the relevant international
    legitimate rights and interests of the parties
    treaty shall apply, unless the provisions are
    concerned, and to promoting the
    those on which the People's Republic of
    development of maritime transport,
    China has announced reservations.
    economy and trade.
    III 、 International Shipping practice

    CMC Art.268 （ 2 ）
    International
    practice may be
    applied to matters
    for which neither the
    relevant laws of the
    People's Republic of
    China nor any
    international treaty
    concluded or
    acceded to by the
    People's Republic of
    China contain any
    relevant provisions.
    IV 、 Other Resources of Maritime Law

    (i) (ii)

    cases doctrines
    and legal
    theories
    Section 3 Nature, Characteristics and
    Developing Tendency of Maritime Law
    I
    (1) part of commercial law
    (2) special law of civil law
    (3) part of economic law
    Nat (4) part of maritime law
    ure
    of
    (5) branch of International
    ML economic law
    (6) independent legal branch
    II 、 Characteristics of Maritime Law

    strong foreign-related character (1)

    strong technical characters:collision


    avoidance;salvation;freight;ship structure;equipment of crew
    (2)

    risky;special clauses (3)


    III 、 History Development of Maritime Law

    1.Unified trend

    2.Greater responsibility of shipowners

    3.Devleoping towards the Public Law

    4.Maritime legislation developing from cargo-centered


    to ship-centered

    5.Crew legislation developing from welfare to


    qualification

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