水先人の民事免責 : 水先約款免責条項の現代的意義と妥当性

概要

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The objective of this study is to examine the modern-day meaning and legitimacy of exemption clause in pilotage covenant in Japan by viewpoints of profession's liability and regulation for unfair clause of covenant. Civil law in general takes the principle of liability arising from negligence. According to this principle, negligence shall be decided by investigation to whether breach of duty of due care could be done and damage occurs. Meanwhile, "Exemption Clause" in the said covenant excuses pilot for his civil liability as compensation for damage caused by his default for pilotage contract and negligence to third party, so that pilot is only blamed by own intention or gross negligence. Recent years, however, profession's liability has come into the limelight. Pilot is also the one of professions and he must become responsible for heavy duty of care with contribution of judgments by marine accident inquires. In addition, pilotage exemption clause may be affected by regulation for unfair clause of covenant viewed from law of obligations in civil law these days. Finally, author is sure that exemption clause in pilotage covenant should be revised in the future to liability arising from negligence.
2012-03-25