由一起碰撞案件看船舶挂靠经营中的侵权责任

在现行法律中很难找到专门针对船舶挂靠经营的规定,这使得关于船舶挂靠经营过程中产生的侵权责任的意见难以得到统一。北海海事法院对2000年发生的一起船舶碰撞纠纷进行了审理,其中涉及对船舶挂靠经营侵权责任的处理,该判决对上述问题的解决提供有益的帮助——船舶挂靠经营是一种合法行为;就挂靠人经营中所致的侵权责任,挂靠人与被挂靠人都是责任主体,并应承担无限连带责任。

Review of the tort liability caused by the affiliation of ship from a ship's collision case

Under current laws, it is very difficult to find specific provisions about the affiliation of ship, which makes the views about the tort liability which arising from the affiliation of ship hard to be harmonized. Beihai Maritime Court conducted a trial on a ship collision which happened in 2000, involving the disposal of the tort liability which arising from the affiliation of ship, this decision provides a useful solution for the issue above--the affiliation of ship is a legitimate action; the subject who is responsible for the tort liability which arising from the affiliation of ship should be both the affiliated enterprise and the enterprise grants the other party permission to do business operation in its name and they should bear unlimited joint liability.