Απώλεια του δικαιώματος περιορισμού της ευθύνης του εκναυλωτή στη ναυτιλία και οι επιπτώσεις του στη θαλάσσια ασφάλιση
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Subject
Maritime law ; Liability (Law) ; Marine insuranceAbstract
This thesis discusses some legal problems and issues that arise when the charterer loses the privilege of limitation of liability. The shipowner may limit his liability to the value of the ship or its capacity or to the value of any goods or property. The carriage of goods at sea, on land and in the air, in reference to the person, which by his acts or omissions becomes responsible, is governed by different rules. We will consider the loss of right to limit liability under the rules of Hague- Visby, Hamburg rules, the contract on limiting liability for the years 1957 and 1976. We will study the convention for the transport on land of goods (C.M.R.), the original and amended Warsaw Conventions. Further we will deal with the concepts of concealment, voluntary or involuntary misconduct and negligence on the part of the owner of the ship, but also with the burden of proof of the above and the side that rests on the demonstration of lack of responsibility on the actual error and concealment. At last we will deal with the responsibility of the person who controls and guides the company. as president, director, or the head of the management board. The above limitations and the loss of them has a direct impact on marine insurance and to the coverage provided by insurance companies and P& I Clubs.