On The Principle Of Utmost Good Faith In Marine Insurance Law

Nowadays the insurance market in China is still undeveloped; furthermore companies and citizens are both commonly short of the knowledge of insurance. Therefore, it is an urgently important task of us to propagate the basic theories of insurance or law of insurance. The marine insurance is the origin of modern insurance, while the principle of utmost good faith is the most basic principle of marine insurance practice and even whole modern insurance. Should hereby map the theoretical frame of this principle definitely, it could have an undoubtedly great meaning.This thesis preliminarily discuss legal characters of the principle of utmost good faith and the relations between this principle and the other legal principles concerned in a historical and comparative way , so as to make a deep breakthrough in aspect of the thereof. As per analysis, the author considers the principle of utmost good faith, which is rich in content and regulates a wide-ranging group of duties, be adapted prior to other relating legal principles in the practice of marine insurance.In order to enlarge the range of studying the principle of utmost good faith, basing upon the regulations and laws as to marine insurance of our country and referring to the precedents and the judicial practice in the common law countries (mainly Anglo-American) and/or the statutes of the continental countries such as Germany and France, the rest of this thesis make an effort to do an extensive and systematic research on applying the principle of utmost good faith in marine insurance in details in a manner of wording-explanation and comparison. Meanwhile, on the basis of ever existing discussion of the scholars at home and abroad, the author , who aims at constructing the theoretical frame of this basic principle and wishes it be referential to our legislation and judicial practice, makes a further study on the specific request on the insured by the said principle. Additionally, the author analyzes the specific request on the insurer by this principle of which was seldom focused on by scholars before.