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Chapter Law Content

Title: Maritime Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter Iv:Collision Of Ships
Article 94
Collision of ships, regardless of the place of the collision, shall be governed by the provisions of this Charpter.
Article 95
Where a collision is caused by force majeure, the injured party is not entitled to claim for damages arising therefor.
Article 96
Where a collision is caused by the fault of one of the ships involved, the one in fault shall be liable for the damages therefor.
Article 97
If the colliding ships are all in fault, each ship shall be liable in proportion to the extent of its faults; If it is not possible to ascertain the degree of the respective faults, the liability is apportioned equally amongst the parties involved.
The ships at fault shall also be jointly and severally liable for the loss of life or personal injury caused therefor.
Article 98
Liabilities arising under the two preceding Articles shall not be exempted by reason that the collision is caused by the fault of a pilot.
Article 99
The claim arising out of a collision shall be extinguished if not duly exercised within two years commencing from the date of collision.
Article 100
Where the collision incurs within the territorial waters of the Republic of China, Taiwan, its inland waters, ports and habours, or rivers, the court may arrest the ship at fault.
Where the collision does not occur within the territorial waters of the Republic of china, Taiwan, its inland waters, ports and harbours, or rivers and the injured party or the ship is with a nationality of Taiwan, the court may arrest the ship at fault upon she enters the territorial waters of Taiwan.
The ship being arrested as mentioned in the preceding two paragraphs, may apply for release by furnishing the Court with a guarantee.
The guarantee as mentioned in the preceding paragraph may be substituted with a Letter of Undertaking issued by an appropriate bank or insurance company.
Article 101
An action with respects to collision may be filed in the competent court as listed below:
1. The court at the place of the Defendant’s domicile or its principal place of business.
2. The court at the place where the collision had occurred.
3. The court at the port of registry of the Defendant’s ship.
4. The court at the place where the ship is placed under arrest.
5. The court at the place mutually agreed by the parties concerned.