The Outline of the Japanese Maritime Law

The Outline of the Japanese Maritime Law

hello everyone welcome back to my channel don't forget to like comment and subscribe the outline of the Japanese maritime law sources of Maritime globe uh the third book of the Japanese commercial code is titled as Maritime Commerce it is of course the principal source of maritime law independent however it is not the only source foreign first after the qualification of the Japanese commercial code in 1899 tremendously Forge have been made by lawyers in the world toward the unefficient I'm sorry unification of Maritime laws of various jurisdiction the Seaford have been so successful that many uniformal instruments have been produced this means that the original Japanese code has become audited in some respect when Japan has accepted the sum of this uniform loss it was preferred to enact an independent status to implement then I'm sorry to implement them rather than modify the code greatly does the international Carriage of good spicy Act uh we implement the process convention on bills of letting at UFC Rules as amended by SDR protocol and act on limitation of the ability of ship owners and others herein after ALS implementing the 1917 6 convention and limitation of liability for maritime claims formed in the coral part of maritime law in Japan secondly the maritime law so unique enough is passed on the general principles of Sheffield and commercial law the carrier sleep liability is nothing but the liability arising from contract or third which is covered by the Civil Court Maritime millions and more cages on ship are special kinds of secured interests which again are regulated by the Civil Court and a bill of lighting as a kind of instrument that is negotiable requires comparative analysis with other instruments Like A Pill other instruments like appeal of each charge or appeal issued by a warehouse operator thus to record will be needed to be paid to the coordination between meritable and under rules of civil or commercial law it might be added that the book 3 of the commercial code itself refers to numerous provisions of other part of the same code the law of Transport in general principally governing the transport online as codified in book 2 chapter 8 of the commercial code C art uh 766 and R7 106.76 of the commercial code and then the next is Carriage of goods an agreement of carriage of goods is a contrast between a carrier who undertakes the carriage and his customer tipping as low as many others in the word knows the two types of such contract one is the carriage of General cargo which means the carriage of one of of one or some specified carcass near there is a charter party in which the carer reserves the whole or partial space of the ship at the disposal of the of the other party Charter and undertakes to carry whatever cargo loaded onto the chartered space and number one Carriage of General cartoon study of the carrier under the contract of I'm sorry Care number one Carriage of general calcuttatti of the carrier okay under the contract of carriage of General karco the care owes obligation to exercise to diligence about the sea worthiness of the ship and about the goods pursuant to the proof sales convention the eachocsa provides us record the study of the carriers about the silver Dynasty the carrier saw billiable for loss damage artillery of the goods resulting from failure of exercising to diligence to make the ship seriously through two properly men equipped and Supply the ship as well as to make the holes let's see refrigerating and cools Chambers and all other parts of the ship in which goods are carried fit and safer their reception carriage and representation it is understood that the silver students is required at the beginning at the navigation only and not throughout the journey secondly it is provided that the carrier should be available for the Lost damage or delay of the code's real Saltine form not exercising to delicate suppose receiving voting stopping caring keeping discharging and delivering of the goods the liability of the carrier with regard to the studies especed on the present fault system it means that the carriers show billiable unless he is successful in providing that neither he nor his servants and action failed to exercise due diligence as required this is consistent with the general rule of contracts since in Japan a chapter cannot reboot his contractual liability unless he proves that there has been no fault in his sight about non-performance of the obligation on the other hand the principle of Presumed fault system is not totally in concordance with the underlying idea of the person's convention the personal convention terrified from the trolls of common law which were historically passed on the absolute body a next assumption causes in the pills of letting to escape from it it is because of this background the the ajaxa is drafted in a slightly slightly different way from the Brussels convention and treated the list of accepted burials as the list of events to shift the protein of proof about the existence of the carrier's fault rather than the list of assumption from riability only a fault in navigation or in management of the of the ship as well as fire are provided as assumption in the street sense since these two if a normally constitute fault of the carrier and therefore rendered the carrier level if there had not been a statutory provision of assumption there is also a special rule on the carriage of valuable Goods unless the shipper declares the kind of the I'm sorry the kind and the value of the goods of the time of Consignment the carrier shall be exempt from any liability this is because travelable could require greater care in handling which may in turn require special rate of charge Declaration of the kind and value of the goods gives the carrier an opportunity to be prepared for carefully I'm sorry careful handling as well as to claim the special charge and then we ability of the carrier [Music] the carrier is found being in branch of his studies she'll be available for the loss of our damage to or delay in delivery of the goods in other words the carrier has to compensate for the harm that the party interested in the books has incurred from such accident must have resulted from failure of two diligence of the carrier according to the general principle I'm sorry to the general principle of contract the harm that needs to be compensated includes such harm as will accompany the accident at issue in the ordinary course of things and such harm resulting from the accident due to the special circumstances as long as complete contemplated by both parties the amount of compensation must be such The Goods the harmed party to the equivalent situation that he should have been in but for the accident okay that's all for the day thanks for watching don't forget to like comment and subscribe this channel see you next article and bye

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