Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.

Zusammenfassung

Classification societies are discharging various functions in the interest of flag States and shipowners. They are important actors in the system of maritime safety. Because the liability of shipowners is limited, classification societies have been considered as exempt from liability for a long time and in several jurisdictions this view still prevails. This study analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or United States maritime law. Moreover, the fundamental aspects of an international convention on the limitation of the liability of classification societies are developed.

Inhalt
From the contents Factual Situation and Legal Foundations.- The Classification of Vessels.- Private Operations and Public Functions in Detail.- Non-Delegable Duty of the Shipowner to Make the Vessel Seaworthy and Presumption of Unseaworthiness.- Legal Analysis.- Private Functions: The Protection of Contracting Parties.- Private Functions: Liability Towards Third Parties.- Public Functions.- A Convention on the Limitation of Liability of Classification Societies.- The Limitation of Liability in Shipping.- Limitation of Liability under the Current System of Limitations.- Justifications of a New Convention on the Limitation of Liability.- Principles of a Convention on the Limitation of Liability.- The Limitation of Liability for Public Functions.- Conclusion.