Thesis 35

The compensation for collision damages.

By Jate Kumkongamorn. (1998) ; Master degree thesis. *(The Full Text view in Thai Language only)*.

ABSTRACT

    This thesis is aimed to study maritime laws regarding the compensation for collision damages, in particular, by focusing on English and American legal approaches including the Lisbon Rules 1987, and also to study Thai laws whether there is any specific provision in this respect and if, however, there is no provision providing for, whether it is appropriate or possible to apply English, American and the Lisbon Rules' approaches, to some extent, to Thai laws. The study indicates that English and United States maritime laws have specific rules concerning the compensation for collision damages, different from general approaches in tort cases. The laws establish clear measures of indemnification for several types of damages, such as the assessment of damages to vessel or to property on board or the calculation for loss of earmings or loss of use occurred by the collision. In this respect, most of English and United States laws are consistent with and similar to the Lisbon Rules. However, in some cases, English rules are different from United States rules, and in some circumstances, the Lisbon Rules do not provide any solution to the problems. As regards Thai law, although some provisions of the Navigation in Thai Water Act 1913 (B.E. 2456) provide for collision liabilities, there is no any provision concerning compensatory methods for collision damages. Consequently, the provision of wrongful act, under section 438 of the Civil and Commercial Code, which gives wide discretion to the courts, will be applicable to the case mutatis mutandis. As a result, the compensatory damages for collision are remain unclear and do not cover all types of damages generally occurred by the collision. It is therefore expedient to have specific provisions other than those of the Civil and Commercial Code in order to make the compensation for collision damages certain and suitable. This thesis proposes that English and American laws including the Lisbon Rules have provided several approaches that could be applied to Thai law. Accordingly, Thailand may apply the Lisbon Rules as a model for drafting a special law. However, in some circumstances, the application of the Lisbon Rules is not appropriate and the Lisbon Rules do not provide any guideline for solving problems. English or American laws should be adopted instead.

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