Implementeringen af Kommissionens forordning Kom(2005)592 om ansvar for transportører af passagerer ad søveje og indre vandveje

Mahan Semnanipour & Kennie Dyreborg-Kragh

Studenteropgave: Kandidatafhandlinger


This thesis is dealing with the proposal COM(2005)592 on liability for carriers of passengers by sea and inland waterways. The thesis examines which effect the rules of proposal regarding strict liability, obligatory insurance and the rule of pro memoria will have on chapter 15 of the Danish maritime law. The liability rules under examination are mainly based on the proposal, the Danish maritime law, and the law of tort. However, the proposal seeks to implement the Athen-Convention of 2002 through the Community Law, which therefore will require that we look into some of the articles of the Athen-convention for the purpose to enhancing the dilemma. In addition, the EC Treaty will be mentioned, however, the provisions will not be analysed. The relationship between carriers and passenger will experience radical changes. The liability rules changes from negligence to strict liability. The global limitations will be changes improving the sanction possibilities and helping the passengers to claim upon there loss. Furthermore, it is examined whether the law of liability constitutes economic optimal deterrence. Theoretically optimal law regulations are found by examining whether the law imposes an efficient behaviour, which leads to an acceptable social welfare condition. Additionally, it is measured how the efficiency of the liability rules, can be altered by changing the presumptions, concerning the information relating to the carriers level of activity and level of care. According to the economic theory information should only be obtained when this is socially optimal. What's more, it is analysed whether changing the presumptions, treading the transport (service) as being "durable” instead of "non-durable” could lead to an inefficient scenario. Finally, it is considered whether the proposal is an optimal solution. The results are found through reviewing IMO’s guidelines & the Green Paper COM(2005)275. In general, IMO & the Green Paper requires that the law on maritime legislation should be articulated so it enhances safety, stability and quality. The important in this relation is to point out that the proposal should serve to enhance the aim of IMO and the Green Paper.

UddannelserOther, (Kandidatuddannelse) Afsluttende afhandling
Antal sider53