4.1 The limitation fund model of the limitation regimes
The limitation regimes of the international conventions implemented by the Maritime Code all provide that the shipowner/operator of the ship may enforce limitation of maritime claims by establishing a limitation fund at the court receiving a legal action in respect of limitable claims (supra 1.2). The limits of liability provided therein are limits for the total of all limitable claims arising out of a particular maritime casualty, viz. the aggregate sum of the particular claims. This limitation model pre-supposes that the actual limitation of the particular claims be carried out by proportionate distribution of the limitation amount among the aggregated claims. The mechanism to achieve this is the establishment of a limitation fund, as requested by or on behalf of the shipowner/operator, having the legal effect that limitable claims may be enforced only as claims against the limitation fund (supra 1.5).
The provisions on limitation funds contained in the Maritime Code chapters 9, 10 and 12 generally appear as rules common for limitation funds established according to each of the different limitation regimes (cf. MC § 177 and 231). In general, these provision are modelled on and in conformity with the requirement and principles for treaty-based limitation funds set out in Articles 11-14 of both the 1976 and the 1976/1996 Conventions, including certain national supplements allowed by Article 14 (MC §§ 176 to 179 and 231 to 245). This legal framework originally addressed only limitation funds related to the treaty-based limitation regime (MC §§ 172, 175 and 178). However, its scope of application is by national law generally extended to include any limitation fund established according to either the particular limitation regime for crude oil pollution (MC §§ 194-195) or the new national limitation regime (MC §§ 172a, 175a 1n 178a) and, cf. MC § 231. It is important, nevertheless, that, as a matter of law, each of the three limitation regimes is legally a separate regime and, consequently, that the application thereto of any one of the common provisions may entail somewhat different legal effects (supra 2.3.3).