Particular issues of legal regulation of non-contractual liability in maritime transport

Andrey Viktorovich Semenov,F.V Fetyukov

doi:10.1051/shsconf/202213400115

Andrey Viktorovich Semenov, F.V Fetyukov

Open Access

https://doi.org/10.1051/shsconf/202213400115

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Abstract

A distinctive feature of non-contractual liability as a legal concept is the existence of noncontractual liability for parties that are not in a contractual relationship with each other. The damage caused in this case will be recognized as a consequence of actions not related to the violation of contractual obligations. In this situation, the tortfeasor violates the general absolute obligation not to encroach on other people’s subjective rights. It should be noted that non-contractual liability is often equated with delictual liability arising from harm. Delictual liability is the most common among non-contractual liability. However, the concept of non-contractual liability is much deeper and subject to expanded interpretation, that is, it includes various cases of liability in the absence of contracts besides delictual liability. Problematic issues related to non-contractual liability in maritime transport are an urgent problem in contemporary legislation. Resolving the given issues will be useful for law enforcement. The author investigates problematic issues of the application of non-contractual liability in maritime transport, and proposes to clarify and supplement the legislation in the field under consideration.

Highlights

The development of maritime activities inevitably leads to an increase in the number of accidents including heart attacks; and this trend is constantly growing as a result of the most unexpected factors when working on sea vessels
Within the framework of the issue, we consider the improvement of the existing legal regulation in the following directions
In the Russian Federation, the specified requirements of MLC 2006 are implemented through the practice of voluntary insurance of vessel owners’ liability

Summary

Introduction

The development of maritime activities inevitably leads to an increase in the number of accidents including heart attacks; and this trend is constantly growing as a result of the most unexpected factors when working on sea vessels. The number of cases of causing harm is enhancing, the resolution of which in civilized countries is simplified, and in others it becomes more complicated. Death on a maritime vessel or the receipt of injury and disability are obligations of harm and represent one of the most significant institutions of international maritime private law and civil legislation in Western countries. Legislative systems in most countries are based on the general concept of “delict” as a wrongful act and the element for a comprehensive “general delict”, namely, strict liability. If known conditions of delictual liability are necessary in its usual concept, their absence in the “strict” liability is not a reason for releasing the vessel owner from liability, including his fault absence, which allows us to speak of “strict” liability. Establishment of negligence elements in the defendant actions is enough

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