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The Titanic Case and Application of laws Related to Limitation of Liability for Maritime Claims

Guohua Wang

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Abstract

In view of international conventions and municipal laws related to limitation of liability for maritime claims and judicial practice,in some counties,this article maintains that to resolve the conflict of laws of liability limitation,we should rely not only on the lex fori,but also on the conventions,the law of the flag,the law of the place with the most significant relationship and the law concerning the maintenance of public orders,etc.The provisions in the Maritime Act of the PRC concerning application of laws on limitation of liability for maritime claims have some defects that should be cured.

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What this paper is about

In view of international conventions and municipal laws related to limitation of liability for maritime claims and judicial practice,in some counties,this article maintains that to resolve the conflict of laws of liability limitation,we should rely not only on the lex fori,but also on the conventions,the law of the flag,the law of the place with the most significant relationship and the law concerning the maintenance of public orders,etc.The provisions in the Maritime Act of the PRC concerning application of laws on limitation of liability for maritime claims have some defects that should be cured.

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Available abstract

In view of international conventions and municipal laws related to limitation of liability for maritime claims and judicial practice,in some counties,this article maintains that to resolve the conflict of laws of liability limitation,we should rely not only on the lex fori,but also on the conventions,the law of the flag,the law of the place with the most significant relationship and the law concerning the maintenance of public orders,etc.The provisions in the Maritime Act of the PRC concerning application of laws on limitation of liability for maritime claims have some defects that should be cured.

Key concepts: Liability, Law, Conflict of laws, Political science

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