Odpowiedzialność cywilna instytucji klasyfikacyjnej
Civil Liability of a Classification Society
Author(s): Iwona Zużewicz-WiewiórowskaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: classification societies; recognized organization; ship classification; certification ofships; liability of classification societies; immunity from jurisdiction.
Summary/Abstract: The article presents the issue of the civil liability of ship classification societies. From the point ofview of private law, a ship classification society is engaged in the process of ship classificationin order to ensure that a ship or its equipment complies with the rules issued by the society ontechnical safety and environmental protection. From the perspective of public law, the societyundertakes the activity of ship certification by inspecting ships and issuing official certificates ofconformity on behalf of and under the authority of the flag state. The courts apply national contractlaw provisions since the civil liability of classification societies has not been internationallyharmonized. The Author analyses the prerequisites and scope of contractual and tort liability ofclassification societies according to statutory law and the case law of selected countries. Againstthis background, she presentes regulations in Polish law. She also discusses the influence of EUharmonisation activities in maritime law on the liability of classification societies.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 3/2022
- Issue No: 55
- Page Range: 49-79
- Page Count: 31
- Language: Polish