Κριτική ανάλυση του περιορισμού της ευθύνης για ναυτικές απαιτήσεις

Δελημιχάλη, Τατιανή Μαρία

Critical analysis of limitation of liability for maritime claims

Master Thesis

Author

Δελημιχάλη, Τατιανή Μαρία

Date

2024-12

Abstract

This paper examines the institution of limitation of liability for maritime claims, focusing both on its historical development and its contemporary legislative and international application. The limitation constitutes a special exception to the general rule of full liability for damages, designed to protect shipowners and those involved in maritime activities from financial ruin due to incidents occurring during sea transport. The analysis begins with a historical overview, starting from Roman law and medieval commercial institutions (such as peculio and commenda), and proceeds to the institutional formation of limitation with the International Convention of 1924, its revision in 1957, and culminating in the 1976 Convention of London, which remains a cornerstone of international maritime law. Particular attention is devoted to the divergent approaches adopted by various legal systems (Germany, France, England, USA, Greece), highlighting the ethnological diversity that necessitated unification through international conventions. Greece adopted a mixed system, incorporating the institution into Law 3816/1958, which was recently amended by Law 5020/2023. This latest law aims to strengthen the procedure and conditions for limitation. The provisions regarding the scope of application, beneficiaries, and exceptions to limitation of liability are extensively presented, while critical analysis is offered on contemporary practice and the legal interpretation of the institution. A key element is the interpretation of Supreme Court Decision 1470/2017, which serves as a starting point for reflecting on the compatibility of Greek law with international practice. In conclusion, the paper acknowledges the significance of limitation of liability as a tool for balancing interests between shipowners and claimants and proposes the continuous reassessment of its limits and beneficiaries in light of technological and legal developments.

Postgraduate Studies Programme

Ναυτιλία

Department

Σχολή Ναυτιλίας και Βιομηχανίας. Τμήμα Ναυτιλιακών Σπουδών

Number of pages

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/17727

Collections

Τμήμα Ναυτιλιακών Σπουδών

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα