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Classification societies are charged with the technical supervision of maritime shipping to enhance the safety of life and property at sea by securing high te- nical standards of design, manufacture, construction and maintenance of seagoing vessels. Each and every shipping catastrophe caused by a technical defect reminds the maritime world of the central importance of the vessel’s proper technical supervision. Correspondingly, the liability of classification societies has become a particularly discussed issue over the past years. Their contractual liability is usually limited by general terms and conditions incorporated in the classification rules and cases brought by typical contracting partners of classification societies, such as ship owners and ship yards, are not an issue in the current debate. H- ever, one can note a substantial worldwide increase of actions brought by parties who are not in privity with classification societies. This study focuses on third-party liability of classification societies. It ori- nates in an expert opinion on selected issues relating to third-party liability which the authors compiled for the German classification society Germanischer Lloyd AG. Driven by the highly interesting legal issues and unexplored shores in this area of law, we continued our research and are able to present a relatively c- prehensive overview on the law on third-party liability of classification societies. Given the origins of our work, the discussion of limitations of liability clauses is based on the standard terms and conditions of the Germanischer Lloyd, version 2005.
Liability for marine accidents -- Germany. --- Liability for maritime accidents. --- Maritime law. --- Ships -- Standards. --- Liability for maritime accidents --- Ships --- Law, General & Comparative --- Law, Politics & Government --- Standards --- Standards. --- Rules for classification and construction --- Law. --- Business. --- Management science. --- International law. --- Trade. --- International Economic Law, Trade Law. --- Business and Management, general. --- Liability for marine accidents. --- Marine accidents --- Trade --- Economics --- Management --- Commerce --- Industrial management --- Quantitative business analysis --- Problem solving --- Operations research --- Statistical decision --- Law of nations --- Nations, Law of --- Public international law --- Law
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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.
Liability for marine accidents. --- Ships --- Responsabilité pour accidents de navigation --- Navires --- Standards. --- Normes --- Ships -- Standards. --- Liability for marine accidents --- Law, General & Comparative --- Law, Politics & Government --- Standards --- Rules for classification and construction --- Law. --- International law. --- Trade. --- Law of the sea. --- International Economic Law, Trade Law. --- Law of the Sea, Air and Outer Space. --- Marine accidents --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and legislation
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