Research On Legal Problems Of The Validity Of Marine Insurance Contract

The validity of marine insurance contract is a very important problem on the legal system of marine insurance, and it could have influence on the interests of the parties of contract obviously. The validity of marine insurance is a precondition for the insurer to assume the insured liability. But, there are many deficiencies in the existing laws in relation to the validity of marine insurance contract. These deficiencies break the balance of the interest of the contract parties, and cause conflicts among laws. Scholars have debates on these problems, too.This paper is written in line with the clue of presenting the questions, analyzing the questions and solving the questions, and begins with the problems that existing in practice of marine insurance. On the basis of studying the existing laws, the writer gives comments on the different opinions hold by the scholars in relation to these problems. By comparing with the advantages of foreign laws, the author presents suggestions on solving the problems in regard to the practical situation of china.Many factors are relating to the validity of marine insurance contract, the writer studies them mainly from three aspects: establishment of contract, validity of contract and validity change of contract. In consideration of the tight relationship between marine insurance contract and the Principle of Insurable Interest and the Principle of Utmost Good Faith, this paper discusses the two principles particularly and separately.