油濁損害賠償保障法第三条一項二号にいう「異常な天災地変」の意義
スポンサーリンク
概要
- 論文の詳細を見る
This article aims to clarify the meaning of "extraordinary natural disaster", which is the exemption of the ship owner from his liability for the oil pollution damage, under the Oil Pollution Damage Compensation Act in Japan. The conclusion is that the exemption means the exceptional natural phenomenon that the ship owner could not avoid and resist with the reasonable care. As to the character of the "exceptional", it should be completely referred to the court to find it in the individual circumstances. In other word, we cannot decide in advance what type of natural phenomenon comes within the scope.