海商法课件第六章

1、 Collision between ShipsIntroduction1.Definition CMCArticle1652.Conditions of ships collision (1). The collision occurs between ships the scope of ships ： CMC Article 165（2） Supreme Court implement Collision provisions Article 1 on may 23,2008(2). The collision arises from the physical contact of sh

2、ips, direct collision. (3). The collision occurs at sea or in navigable waters adjacent to sea(4). Loss of or damage has occurredindirect collision and damage caused by waves：CMCArticle170Law application of Allision :Allision provision 2008 Article 33.Types of ships collision collision with fault co

3、llision without fault collision with unknown reason collision with intention4. Determination of the responsibility of collision(1)The basis of the responsibility (2)Division of the responsibility a. collision with fault：CMC Article 168 169 b. collision without fault: CMCArticle167 c. collision with

4、unknown reason : CMCArticle167 The determination of fault proportion 2008 collision provision Article 85. The masters duties after collision CMC Article 166Compensation for the damage caused by ships collision1. General principle for the compensation2. Responsible party of the collision Supreme Cour

5、t Collision provisions Article4（1） Restitutio in Integrum （2） direct loss（3） duty of injured party to minimize damages3. Calculation of the compensation for damage A B Error ratio ：30：70 Ship A：1 million Ship B：1.8million CargoA:0.6million CargoB：0.9million Question ：what is the liability of compens

6、ation of both shipowner A and B ?4. Both to Blame Collision Clause （BTB Clause） Error ratio ：50：50 0.5million A B 0.5million 1million Cargo A：1million meanings of BTB Clause endCMCARTICLE165Collision of ships means an accident arising from the touching of ships at sea or in other navigable waters ad

7、jacent there to. Ships referred hereby shall include those non-military or public service ships or craft that collide with the ships mentioned in Article 3.SUPREME COURT COLLISION PROVISIONS ARTICLE 1 ON 2008 collision under these provisions refers to the collision under CMC Article 165 , not includ

8、ing the collision between inland river ships. CMC ARTICLE 170 Where a ship has caused damage to another ship and persons, goods or other property on board that ship, due to the improper maneuver or the non-observance of navigation regulations, even if no collision has actually occurred, the provisio

9、ns of this chapter shall apply.COLLISION PROVISIONS 2008 ARTICLE 3the liability for compensation of infringement disputes ,which were caused by allision arising from collision between ships ,should be determine according to the provisions of CMC chapter 8 .the liability for compensation of infringem

10、ent disputes ,which were not caused by allision arising from collision between ships, should be determine according to the provisions of Civil Law, but the implementation of other provisions of CMC besides chapter 8 would not be affected.CMC ARTICLE 168 If the collision is caused by the fault of one

11、 of the ships, the one in fault shall be liable therefor.CMC ARTICLE 169If the colliding ships are all in fault, each ship shall be liable in proportion to the extent of its fault; if the respective faults are equal in proportion or it is impossible to determine the extent of the proportion of the r

12、espective faults, the liability of the colliding ships shall be apportioned equally. The ships in fault shall be liable for the damage to the ship, the goods and other property on board according to the proportion. Where damage is caused to the property of a third party, the liability for compensati

13、on of any of the colliding ships shall not exceed the proportion if shall bear.If the ships in fault have caused loss of life or personal injury to a third party, they shall be jointly and severally liable therefore. If a ship has paid an amount of compensation in excess of the proportion , it shall

14、 have the right of recourse against the other ship(s) in fault.CMC ARTICLE 167 neither of the parties shall be liable to the other if the collision is caused by force majeure or other causes not attributable to the fault of either party or if the cause thereof is left in doubt.COLLISION PROVISIONS 2

15、008 ARTICLE 8if the owner of the cargo carried by the colliding ships or the third party set a claim for the loss of the cargo or other property to one or both of the colliding ships, the colliding ships shall bear the burden of proof with respect to the proportion of the fault. refusing to provide

16、the evidence without proper reasons , the colliding ship shall be liable for all the compensation or both of them shall be liable jointly and severally.The provisions of the preceding paragraph refers to the written judgment , order, the conciliation statement and arbitration verdicts with legal eff

17、ect. The foreign written judgment , order, the conciliation statement and arbitration verdicts submitted by colliding ships shall be examined according to the provisions of article 266 and article 267 of the civil procedure law . CMC ARTICLE 166After a collision, the Master of each of the ships in c

18、ollision is bound, so far as he can do so without serious danger to his ship and persons on board to render assistance to the other ship and persons on board. The Master of each of the ships in collision is likewise bound so far as possible to make known to the other ship the name of his ship, its port of registry,