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CHAPTER 11 Collision of ships

Maritime Law and Practice in China

Page 121


Collision of ships

Collision of ships

11.1 Collision of ships in the CMC 1992 means an accident arising from the touching of ships at sea or in other navigable waters adjacent thereto.1 The main provisions regarding collision of ships in the CMC 1992 are for the legal liability of the parties to be blamed. The regime of the legal liability is the same to that of Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels, 1910 (the “Collisions Convention 1910”) to which China has acceded.2 Besides the CMC 1992, the Tort Liability Law 2009 also applies to disputes over the collision of ships.3 The judicial interpretation on the collision of ships is Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases Involving Disputes over Vessel Collisions 2008 (the “Provisions on Vessel Collisions 2008”).4 With regard to tort disputes arising out of contact between ships that are not caused by a collision of ships, the liabilities for compensation of the contacted vessels are determined in accordance with the General Principles of Civil Law 1986, as amended in 2009.5

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