共同不法行爲로 인한 損害賠償責任과 船舶衝突로 인한 損害賠償責任에 관한 比較硏究

A Comparative study on the Liability for the Damages Arising from Collisions at Sea and Join Tort

Collisions between ships poses various difficult and complicated legal problems. however Commercial code are 6 articles in all related to liability for collision at sea. therefore Otbers should be according to the Civil code, article 760. The purpose of article 760 of the Civil code is in providing protection for a victim from the incident and of the joint liability. According to the Commercial code, article 846, the loss of property of third parties due to ship collision is governed by the principle of proportionate liability, while the loss of lives of third partiss is governed by Tort principles under the Civil code, article 760. It is unreasonable that the system of liability for damage is governed by a dual principle. therefore, I think that the lisbillty for loss of property as well as for loss of lives of third party in case of collisions, shall be imposed joint obligation on both parties. Secondly, under the cross liability principle, each vessel is assumed to have a liability to contribute according to its degree of fault to the loss suffered by the other vessel. The two liabilities can be set off against each other. but the limitation of liability should apply only after the set off of the damages suffered by each shipowner. because it is the purpose and function of shipowner's limitation of liability system.