協力動作と信頼の原則についての一考察

概要

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As the Cooperated action has been provided in clause 3 of 17 article in the Law of preventing collision at sea, but there is no deeply argued and commented papers which relate to cooperated action and the Principle of confidence, in Japan and the world. It is essentially very important to find out that whether the Principle of confidence could be allowed to the Cooperated action or not at the Marine accident court, even though should not be applied at that court, because the Principle of confidence usually have to make to use in the Criminal court, except the matter of ship's collision at sea. If it is applied instead of Cooperated action at the Marine accident court, more Marine accidents will obviously happen and occur at sea. Nowadays, the ship has been built in high speed and large sized type, so she would be taken very long time and distance to stop completely, therefore the clause 2 of 17 article should have priority over the clause 3 of it.
社団法人日本航海学会の論文
2005-03-25