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Lloyd's Maritime and Commercial Law Quarterly

CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976*

The States Parties to this Convention,
having recognised the desirability of determining by agreement certain uniform rules relating to the limitation of liability for maritime claims ;
have decided to conclude a Convention for this purpose and have thereto agreed as follows:

CHAPTER I. THE RIGHT OF LIMITATION

Article 1
Persons entitled to limit liability
1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in art. 2.
2. The term shipowner shall mean the owner, charterer, manager and operator of a sea-going ship.
3. Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in art. 2, par. 1(d), (e) and (f).
4. If any claims set out in art. 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.
5. In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.
6. An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.
7. The act of invoking limitation of liability shall not constitute an admission of liability.
* Reproduced by kind permission of the Inter-Governmental Maritime Consultative Organization (IMCO).

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