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The Maritime Code changes the principles of limitation of the shipowner’s liability from ship’s value system to tonnage system. The relevant provisions are in Chapter 11, ‘Limitation of Liability for Maritime Claims’ (Articles 204–15) in the Maritime Code, which adopted the principles and the substantial Articles of the 1976 International Convention on Limitation of Liability for Maritime Claims (the 1976 Convention). However, some differences exist and will be discussed in the following parts. The provisions concerning the limitation of liability in the Maritime Code are only applicable to international sea-going ships exceeding 300 gross tons (international limits). In pursuance of Articles 210(2) and 211(2) of the Maritime Code, approved by the State Council of the PRC, the MOC promulgated two special regulations on limitations regarding coastal vessels and passenger vessels, namely, the Coastal Provisions and the Passenger Provisions. The two special regulations apply the same principles as the Maritime Code but with different limits. Under these two regulations, the limits of liability for ships sailing between national ports or those engaging in coastal works are about 50% below the international limits. The reason was that given by Xu Qingyue on the previous page.
DOI link for The Maritime Code changes the principles of limitation of the shipowner’s liability from ship’s value system to tonnage system. The relevant provisions are in Chapter 11, ‘Limitation of Liability for Maritime Claims’ (Articles 204–15) in the Maritime Code, which adopted the principles and the substantial Articles of the 1976 International Convention on Limitation of Liability for Maritime Claims (the 1976 Convention). However, some differences exist and will be discussed in the following parts. The provisions concerning the limitation of liability in the Maritime Code are only applicable to international sea-going ships exceeding 300 gross tons (international limits). In pursuance of Articles 210(2) and 211(2) of the Maritime Code, approved by the State Council of the PRC, the MOC promulgated two special regulations on limitations regarding coastal vessels and passenger vessels, namely, the Coastal Provisions and the Passenger Provisions. The two special regulations apply the same principles as the Maritime Code but with different limits. Under these two regulations, the limits of liability for ships sailing between national ports or those engaging in coastal works are about 50% below the international limits. The reason was that given by Xu Qingyue on the previous page.
The Maritime Code changes the principles of limitation of the shipowner’s liability from ship’s value system to tonnage system. The relevant provisions are in Chapter 11, ‘Limitation of Liability for Maritime Claims’ (Articles 204–15) in the Maritime Code, which adopted the principles and the substantial Articles of the 1976 International Convention on Limitation of Liability for Maritime Claims (the 1976 Convention). However, some differences exist and will be discussed in the following parts. The provisions concerning the limitation of liability in the Maritime Code are only applicable to international sea-going ships exceeding 300 gross tons (international limits). In pursuance of Articles 210(2) and 211(2) of the Maritime Code, approved by the State Council of the PRC, the MOC promulgated two special regulations on limitations regarding coastal vessels and passenger vessels, namely, the Coastal Provisions and the Passenger Provisions. The two special regulations apply the same principles as the Maritime Code but with different limits. Under these two regulations, the limits of liability for ships sailing between national ports or those engaging in coastal works are about 50% below the international limits. The reason was that given by Xu Qingyue on the previous page.
ABSTRACT
The Maritime Code changes the principles of limitation of the shipowner’s liability from ship’s value system to tonnage system. The relevant provisions are in Chapter 11, ‘Limitation of Liability for Maritime Claims’ (Articles 204-15) in the Maritime Code, which adopted the principles and the substantial Articles of the 1976 International Convention on Limitation of Liability for Maritime Claims (the 1976 Convention). However, some differences exist and will be discussed in the following parts.