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Study On Legal System Of Marine Double Insurance

Posted on:2015-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XiongFull Text:PDF
GTID:2266330428981789Subject:Law
Abstract/Summary:PDF Full Text Request
Modern marine insurance system originated in general insurance system. But it is difficult to carry the comprehensive adjustment on marine insurance, due to the particularity of marine transportation. As an important part of marine insurance system, the general concept of marine double insurance and double insurance are the same in someway, however the aspects of constituent elements, methods of compensation, allocation methods of them are quiet different. It is necessary to do a separate study and analysis on marine insurance system. In our country, the research on it is relatively weak. This paper, by Investigating the the legal system of marine insurance, put forward to some insights about the improvement of the relevant legal framework, thus providing some useful reference for disputes involving such practices and related operations.The main research method is comparative analysis. By comparing the difference between marine insurance-related provisions in England and that in our country, this paper concludes the advanced experience and gives the advice about how to improve double marine insurance system in our country.This paper is divided into three parts:introduction,body and conclusion.The introduction of this article is mainly to introduce the issue by analyzing cases.The main body is divided into four parts:the first part introduces the specificity, meaning, and constituent elements of marine double insurance; The second part mainly studies the subjective purpose of the applicant and the way in which the fulfillment of the notification obligations influence the marine double insurance and this part also makes comparison of the malice double insurance and the one in good faith; The third part mainly discusses the legal relationships between the insurers and applicants and among applicants; The fourth part gives the improving suggestions on marine double insurance in our country.In the end, this paper gives the summery and the conclusion.
Keywords/Search Tags:Double insurance, Principle of Indemnity, Good faith, Malice, Duty ofnotification, Right of contribution
PDF Full Text Request
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