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The Research On The Hull Insurance Clauses

Posted on:2009-02-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:B P ChuFull Text:PDF
GTID:1116360272487452Subject:International Law
Abstract/Summary:PDF Full Text Request
Marine hull insurance is the kernel part of maritime insurance. Marine hull insurance clauses embody the usage of insurance amongst the merchant adventures. China, inasmuch of possessing a large tonnage of merchant vessels, shall be a huge market of marine hull insurance nowadays and in the future. The Clauses, which have been used in the practice of marine hull insurance, together with the rules embodies therein shall make very important influence with the benefits of the parties engaged in marine insurance. Unfortunately, the current marine hull clauses in Chinese insurance marked is not very satisfied.The theory of present study, as guided by the basic theories of comparative laws, jurisprudence and the economic analysis of law, centers on current marine hull clauses and marine insurance law of China, aims to put forward constructive theoretic support for perfecting current clause and guide the practice.This article was consisted of introduction, content and conclusion.The preface includes the theme and main range of study of thesis, and reviews otherarticles as to the same range of study, as well as introducing technical line, methods andsupport of thesis.The preamble introduces the theme and scope of the subject with brief comments on theliterature available in the scope of subject and an introduction to the technical route,method and support equipped for the study.Chapter One "Introduction" mainly states the relevant concepts of clause of marine hull insurance and relationships amongst of them. The author reviews the historical changes of policy and insurance clause in domestic and abroad, and expressly illustrates the dialectic relations between basic clause and special agreement clause.Chapter Two "Perils to be covered" illustrates, along with the key line of current Chinese marine hull clauses, the issues such as scope of perils insured against, perils of the seas, latent defect and collision liability clause, and accordingly put forward perfect suggestions.Chapter Three "Recognition of liability and exclusion" analyzes the current doctrine of proximate cause and its importance between named perils and suffered damage, and discusses the possibility of introduction of theory of proximate cause to domestic insurance clause. In addition, the author clarifies the difference between meaning of Exclusion and Discharging from liability as in the current Chinese marine hull clauses.Chapter Four "Alteration of risks and termination of insurance discusses the necessity of regime of warranty as well as advantages of the Alteration of Risks, and states on how to perfect Chinese marine hull clauses with reference to the regime of warranty and alteration of risk respectively.Chapter Five "Marine hull clauses under regulation of Mandatory Law" provides explanation as to how the mandatory private laws and public law regulate the marine hull clauses and rights and liability under the marine policy.Chapter Six "Construction of Marine hull clause" summarizes the effective explanation methods on marine hull clauses.Chapter Seven "Key Points on perfecting current Chinese marine hull clauses-as conclusion" illustrates systematically the methods that shall be used to perfect structure of Chinese marine hull clauses, terms and conditions, definition of insurance coverage, technique of control risks by drafting clauses, arrangement of exclusion and the body who drafts of clauses. This chapter shall be taken as a conclusion.
Keywords/Search Tags:Marine Insurance, Hull Insurance Clauses, Perfection
PDF Full Text Request
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