Application of Safe Port Responsibility Rules under the Context of Epidemics in Common Law——and Implications for Chinese Law
This study clarifies the challenges posed by epidemics to the application of traditional safe port responsibilities rules by analyzing the characteristics of epidemics and their impact on the performance of safe port clauses.Then,based on the theories and practices of the Common Law,combined with the characteristics of epidemics,it proposes solutions for determining the charterers'violation of the safe port obligation in the context of epidemics in view of the dilemma of identifying the safe port responsibilities in the context of epidemics;moreover,it provides a targeted analysis and solutions for the challenges faced by owners seeking remedies when charterers breach their safe port obligations in the context of epidemics,as well as the challenges faced by charterers asserting defenses,aiming to guide owners and charterers in reducing disputes and providing practical solutions for resolving related disputes arising from epidemics.Based on this,suggestions are put forward for China's legislation and judicial practices,including drawing insights from the Common Law to enhance legal reasoning,as well as improving the regulations on determining safe port responsibility and legal consequences.
Safe PortEpidemicDetermination of ResponsibilityRemediesDefenses
万方数据
