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CHAPTER 15 Denmark

Limitation of Liability for Maritime Claims

15 Denmark Bent Nielsen Kromann Reumert, Sundkrogsgade 5, DK-2100 Copenhagen Ø LIMITATION OF LIABILITY FOR MARITIME CLAIMS Introduction The Danish rules on limitation of liability for maritime claims are contained in the Danish Merchant Shipping Act 1994 (DMSA). Denmark has ratified the 1996 Protocol to the 1976 Limitation Convention (henceforth the 1996 Protocol). It was given binding effect in Denmark as of 1 January 2004 but since Denmark was still bound by the 1976 LLMC at the time, it was made applicable only to ships not subject purely to the 1976 LLMC, that is, where limitation proceedings are issued in Denmark in relation to Danish ships, ships from states that have ratified the 1996 Protocol (also where these are parties to the 1976 LLMC too) and ships from countries which have not ratified either the 1976 or the 1996 Protocol, and cannot show that the limitation regime applicable in their home state is similar to these conventions.

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