A Study On The Subject Of The Duty Of Disclosure

As a starting point, this thesis analyses the different stipulations under Maritime Law and Insurance Law on the subjects of the duty of disclosure. With the dogmatic methodology, the writer tries to make a systematic and consistent study and analysis on the party who has the obligation of disclosure under marine insurance, thereby covering the gaps between the general law and special law.The Introduction states the background of the study, literature review and methodology.Chapter 1 explains the theoretical reasons why different statutes impose the obligation of disclosure upon different subjects. Firstly, textual differences between Maritime Law and Insurance Law have been explained. The impacts of such differences on the subjects of the duty of disclosure follows. Secondly, the thesis focuses on the sources of the two statutes and discusses the reasons behind the such different provisions.Chapter 2 makes analysis on the legal status and jurisprudential basis of the person effecting the insurance and the assured as the obligation subjects respectively. Firstly, through the study on the parties to the insurance, the writer concludes that the "trichotomy principle" not only triggers the disputes on "who is the party to the insurance contract", but also determines the obligation subject of the duty of disclosure. Secondly, by summarizing the current theories and practices, the writer concludes that the assured should be defined as the parties to the contract and the obligation subject of the duty of disclosure.Chapter 3 discusses the legal status and the competency of the broker as the subject of the duty of disclosure under Chinese Law. Firstly, the writer makes clear how the insurance broker regulation operates under both Chinese law and English law in a comparative view. Then the writer defines and analyses the legal status of marine insurance broker, concluding that it could be the subject who has the independent duty of disclosure.Referring to Nordic Marine Insurance Plan and the Insurance Act 2015, Chapter 4 puts forward some proposals on perfecting the subjects of the duty of disclosure as follows:(1) diversifying the subjects of the duty of disclosure by reference to Nordic Marine Insurance Plan; (2) using Insurance Act 2015 for reference, clarifying contents and confirming the insurance broker’s independent duty of disclosure.