The Liability of Classification SocietiesSpringer Science & Business Media, 2007 M06 30 - 380 pages Classification societies are discharging various functions in the interest of flag States and shipowners. They are important actors in the system of maritime safety. Because the liability of shipowners is limited, classification societies have been considered as exempt from liability for a long time – and in several jurisdictions this view still prevails. This study analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or United States maritime law. Moreover, the fundamental aspects of an international convention on the limitation of the liability of classification societies are developed. |
From inside the book
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... Application of Existing Limitation Regulations to Classification Societies....................................................................... 277 II. The “Estonia” Case – an Example of the Effects of the Current System ...
... apply. However, despite the fact that their control is of superior importance to the shipowner, to third parties, and to the flag State, classification societies often argue that their role is subordinate to their contracting parties ...
... apply for a classification of their vessels. The first and foremost reason is insurance. Hull insurance companies re- quire that a ship is classed by one of the members of IACS, as the standard insurance clause illustrates.33 ...
... apply only to cargoes and/or interests carried by mechanically self-propelled vessels of steel construction classed with a Classification Society which is: 1.1 a Member or Associate Member of the International Association of ...
... whichever is not applicable. In the absence of deletions, alternative 4a) to apply.' curs, he may be affected if it is his own. 18 Part 1 [Factual Situation and Legal Foundations] Charter Parties and Classification Societies.
Contents
1 | |
22 | |
B Private Operations and Public Functions in Detail | 43 |
Obligations of the Classification Society | 54 |
NonDelegable Duty of the Shipowner to Make the Vessel Seaworthy | 55 |
Liability under United States Law | 240 |
Liability under German Law | 248 |
Damage Caused by Both a Classification and Statutory | 256 |
A Convention on the Limitation of Liability of Classification | 259 |
Bibliography | 331 |
Table of Cases 351 | 350 |
Table of International Conventions | 365 |
Index 373 | 372 |