Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss

Yalong Wang; Changtao Zhang

doi:doi:10.11648/j.ijls.20240704.15

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Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss

Yalong Wang^*

, Changtao Zhang

Published in International Journal of Law and Society (Volume 7, Issue 4)

Received: 26 November 2024 Accepted: 10 December 2024 Published: 25 December 2024

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Abstract

The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.

Published in	International Journal of Law and Society (Volume 7, Issue 4)
DOI	10.11648/j.ijls.20240704.15
Page(s)	170-173
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Maritime Cargo Transport, Maritime Law, Article 55, Principle of Full Compensation, Limitation of Liability, Civil Law

References

[1]	(2022) Hu Min Zhong No.1040, Shanghai Maritime Court.
[2]	(2018) Lu 72Min Chu No.1110, Qing Dao Maritime Court.
[3]	(2022) Min 72Min Chu No.1589, Xia Men Maritime Court.
[4]	Si Yuzhuo、Zhang Yongjian、Jiang Yuechuan: Annotation on Chinese Maritime Code, Peking University Press, 2019.03.
[5]	Xiong Jing: On the identification of the actual loss of goods in the carriage of goods by sea--understanding and application of Article 55 of the Maritime Law [J], Chinese Journal of Maritime Law, 2015, 26(01): 31-35.
[6]	Wang Shumei: Judgment Rules for Maritime Cargo Transportation Contract Dispute Cases, Law Press China, 2021, 151-163.
[7]	Si Yuzhuo: Maritime Law Monograph (the 3^rd Edition), China Renmin University Press, 2015.1.
[8]	Wang Liming、Yang Lixin、Wang Yi、Cheng Xiao: Civil Law (the 6^th Edition), Law Press, 2020, 752.
[9]	Han Shiyuan: General contract law (the 4^th Edition), Law Press, 2018, 794-795.
[10]	Xu Xuejing: Study on alternative cost damages study [D], JiLin University, 2024, 34.
[11]	Liu Yuhan: The Proof of the Principle of Full Compensation in the Contract Section of the Civil Law, Western Law Review, 2019(3), 27.

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APA Style

Wang, Y., Zhang, C. (2024). Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. International Journal of Law and Society, 7(4), 170-173. https://doi.org/10.11648/j.ijls.20240704.15

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ACS Style

Wang, Y.; Zhang, C. Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. Int. J. Law Soc. 2024, 7(4), 170-173. doi: 10.11648/j.ijls.20240704.15

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AMA Style

Wang Y, Zhang C. Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. Int J Law Soc. 2024;7(4):170-173. doi: 10.11648/j.ijls.20240704.15

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@article{10.11648/j.ijls.20240704.15,
  author = {Yalong Wang and Changtao Zhang},
  title = {Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss
},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {4},
  pages = {170-173},
  doi = {10.11648/j.ijls.20240704.15},
  url = {https://doi.org/10.11648/j.ijls.20240704.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240704.15},
  abstract = {The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.
},
 year = {2024}
}

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TY  - JOUR
T1  - Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss

AU  - Yalong Wang
AU  - Changtao Zhang
Y1  - 2024/12/25
PY  - 2024
N1  - https://doi.org/10.11648/j.ijls.20240704.15
DO  - 10.11648/j.ijls.20240704.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 170
EP  - 173
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240704.15
AB  - The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.

VL  - 7
IS  - 4
ER  -

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Author Information

Yalong Wang

Law School, Shanghai Maritime University, Shanghai, China

Contact Email

http://orcid.org/0009-0005-2446-850X
Changtao Zhang

Wang Jing & Co., Shanghai Law Firm, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Wang, Y., Zhang, C. (2024). Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. International Journal of Law and Society, 7(4), 170-173. https://doi.org/10.11648/j.ijls.20240704.15

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ACS Style

Wang, Y.; Zhang, C. Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. Int. J. Law Soc. 2024, 7(4), 170-173. doi: 10.11648/j.ijls.20240704.15

Copy | Download

AMA Style

Wang Y, Zhang C. Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss. Int J Law Soc. 2024;7(4):170-173. doi: 10.11648/j.ijls.20240704.15

Copy | Download

@article{10.11648/j.ijls.20240704.15,
  author = {Yalong Wang and Changtao Zhang},
  title = {Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss
},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {4},
  pages = {170-173},
  doi = {10.11648/j.ijls.20240704.15},
  url = {https://doi.org/10.11648/j.ijls.20240704.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240704.15},
  abstract = {The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.
},
 year = {2024}
}

Copy | Download

TY  - JOUR
T1  - Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss

AU  - Yalong Wang
AU  - Changtao Zhang
Y1  - 2024/12/25
PY  - 2024
N1  - https://doi.org/10.11648/j.ijls.20240704.15
DO  - 10.11648/j.ijls.20240704.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 170
EP  - 173
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240704.15
AB  - The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.

VL  - 7
IS  - 4
ER  -

Copy | Download