Kilka refleksjI dotyczących odpowIedzIalności zaa szkody wyrządzone zderzenIem statków z perspektywy prawa FrancuskIego
Some reflectIons on the liability for damage caused by the collIsIon of vessels from the perspective of French law
Author(s): Iwona Zużewicz-WiewiórowskaSubject(s): Law, Constitution, Jurisprudence, International Law, International relations/trade
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: law; French; maritime; vessels; courts;
Summary/Abstract: The article presents the regulation of the liability for damage caused by the collision of vessels under French law. The Author discusses basic principles characterizing the institution of a collision of ships from the perspective of civil law. The analysis of normative legal texts is supported by the extensive overview of the case law of the French courts of appeal and the Court of Cassation and the views of the French doctrine of maritime law. French national law has adopted the provisions of the Brussels Convention of 1910,which codified certain rules concerning collisions. However, it has widened the scope of the application of the legal regime concerning the collision of ships to all categories off loathing devices, including those which qualification for the category of vessels remains problematic in the light of maritime law. The adoption of the principle of guilt as a basis to determine the liability for the collision of vessels is an exception in French compensation law, in which objective responsibility is dominating.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2014
- Issue No: XXXII
- Page Range: 469-480
- Page Count: 12
- Language: Polish