Research on Fundamental Theoretical Issues of Maritime Tort Law

Author: Deng Ruiping
Publisher:
Publish Date: 1999-09-01
Features: With the development of water transport and waterborne operations, incidents of ship-related torts have been occurring continuously, and the severity of tort damages has been increasing. As an important component of both tort law in civil law and maritime law, the law of ship-related torts has not yet received sufficient attention in the academic fields of civil law and maritime law. The author comprehensively employs research methods such as historical analysis, holistic analysis, comparative law, legal philosophy, and institutional law, as well as argumentation methods combining normative and empirical analysis, domestic and international law, to investigate fundamental theoretical issues. The book consists of seven chapters. Chapter 1: Introduction, studies the concepts and definitions of torts, ship-related torts, and tort law, as well as ship-related tort law. It explores the intrinsic meaning and requirements of the fair value and efficiency value of ship-related tort law in material wealth, introduces the research dynamics of ship-related tort law and its fundamental theories both domestically and internationally, and elaborates on the research basis, objectives, methods, and structure of this book. Chapter 2: Historical Evolution of the Law of Ship-Related Torts, examines the historical development of ship-related tort law both in China and abroad, as well as the international unification and modern substantive development trends of ship-related tort law. It highlights the dispersion and socialization measures of liability for ship-related tort damages and analyzes their pros and cons. Chapters 3 and 4 discuss civil liability and constitutive elements for ship-related torts; Chapter 5 covers defenses against civil liability for ship-related torts; and Chapters 6 and 7 address ship-related tort damage compensation.
[Editor's Recommendation] The purpose of the China Civil and Commercial Law Special Topic Research Series is to take into account the actual conditions of China's reform and opening-up and the development of a socialist market economy with modernization. It extensively references the successful experiences in civil and commercial legislation and the latest case law and doctrines of developed countries and regions, conducts in-depth research on the fundamental theories and major legal issues in civil and commercial law, and provides a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial judicial practice. This series aims to elevate the theoretical level of civil and commercial law, promote the cultivation of research talents in civil and commercial law, and enable China's civil and commercial law research to catch up with the level of developed countries and regions as soon as possible.