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《Journal of Liaoning University(Philosophy and Social Science Edition)》 2008-04
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Legal Analysis on the Joint and Several Liability for Oil Pollution Damage Caused by Ships Collision

HAN Li-xin and CHU Bei-ping (Law School, Dalian Maritime University, Dalian 116000, China)  
Based on the theory of causality, joint and several liability and legislation of tort law and by analyzing the legal issues in respect of the oil pollution damage caused by ships collision, the author finally comes to the conclusion that there is no causation between the oil pollution damage and collision. The author looks into as to whether the owners of two vessels shall jointly and severally be responsible for oil pollution damage respectively in the different situations of leakage of oil due to collision from one vessel and both of two vessels. Further, the author considers that the owner of non-leakage vessel shall be responsible for the supplement liability in special circumstance in accordance with supplement liability theory in civil law. This article pays attention to both of theory and practice; especially it puts forward comments on modification of Summary made by the Supreme Court of People's Republic of China.
【Fund】: 国家社会科学规划基金资助项目“海上侵权行为法研究”(06CFX019)
【CateGory Index】: D922.6
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