@article{ART001934452},
author={JUNG WON LEE},
title={The Contractual Liability of Classification Societies},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={65},
pages={471-497}
TY - JOUR
AU - JUNG WON LEE
TI - The Contractual Liability of Classification Societies
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 65
PB - The Institute for Legal Studies Dong-A University
SP - 471
EP - 497
SN - 1225-3405
AB - According to the law in force the shipowner is the one that has to guarantee the ship's seaworthiness and cannot transfer his contractual obligation to any other party, including the classification societies. It should be borne in mind that a class survey is limited by its terms of reference to matters going to class, and does not oblige the surveyor to point out everything that might cause danger or otherwise harm the owner's interests. Assuming negligence and causation can be proved, however, a claim by owners for the loss caused to the vessel or the amount paid out to cargo, is clearly possible as a matter of law. In the meantime, class surveys are only a relatively small part of a classification society's business, even as regards ships classed by it. Due to the diversity of the scope of their services, it is impertinent to affirm the legal nature of other services than non-statutory surveys. In any case, the fact that the classification societies performed its contractual obligations defectively may make the classification societies liable toward the shipowner. Finally, a number of classification societies are licensed to certify ships on behalf of regulatory authorities for what are in effect promoting maritime safety. Taking into account the object of legislation requiring compliance with statutory standards is clearly the promotion of safety and good environmental stewardship at ship, a primary duty is placed on the shipowner to comply with the provisions of the relevant code before sailing. Therefore, it is suggested that classification societies will in practice have little to worry about. In addition, it should be kept in mind that the main agent of the State compensation is the national government or local government under the Korean laws, and that public officers are not liable for damages unless they acted with intention or gross negligence. In this sense, it is suggested that classification societies will not be liable for damages whatever occurred in the course of the statutory surveys.
KW - Classification society;The International Association of Classification Societies;IACS;Korean Register of Shipping;KR;Liability of Classification societies;Statutory surveys
DO -
UR -
ER -
JUNG WON LEE. (2014). The Contractual Liability of Classification Societies. DONG-A LAW REVIEW, 65, 471-497.
JUNG WON LEE. 2014, "The Contractual Liability of Classification Societies", DONG-A LAW REVIEW, no.65, pp.471-497.
JUNG WON LEE "The Contractual Liability of Classification Societies" DONG-A LAW REVIEW 65 pp.471-497 (2014) : 471.
JUNG WON LEE. The Contractual Liability of Classification Societies. 2014; 65 : 471-497.
JUNG WON LEE. "The Contractual Liability of Classification Societies" DONG-A LAW REVIEW no.65(2014) : 471-497.
JUNG WON LEE. The Contractual Liability of Classification Societies. DONG-A LAW REVIEW, 65, 471-497.
JUNG WON LEE. The Contractual Liability of Classification Societies. DONG-A LAW REVIEW. 2014; 65 471-497.
JUNG WON LEE. The Contractual Liability of Classification Societies. 2014; 65 : 471-497.
JUNG WON LEE. "The Contractual Liability of Classification Societies" DONG-A LAW REVIEW no.65(2014) : 471-497.
