On Harmonization Of Provisions Of Marine Insurance In China Maritime Code With China Insurance Law And Perfection To The Former

The provision of marine insurance contract in China Maritime Code (CMC) is lex specialis of the provision of property insurance contract in China Insurance Law (CIL). However, there are repeated and even contradictory provisions between them. This paper is a research on the harmonization of China marine insurance law contained in CMC with CIL and the perfection of the provisions of marine insurance contract in CMC.On the basis of comparing the relative provisions of CMC and CIL, according to the basic theories of contract law, insurance law and marine insurance law, by reference to the Marine Insurance Act, 1906, laws in some other countries and clauses of marine insurance contract, the author analyzes in this paper the provisions of definition of marine insurance contract, disclosure, warranty, principle of indemnity, double insurance, subrogation, and modification, transfer and cancellation of marine insurance contract as well as rights and duties of the insurer and the insured. The author points out those provisions which are either duplicate, imperfect or reasonable in CMC and CIL, draws the conclusion which provisions shall be deleted, which provisions shall be modified and, if so, how they shall be modified.The author holds that, to perfect the provisions of marine insurance contract in CMC, the provisions regarding the contents of marine insurance contract, insured amount, warranty etc. shall be deleted, while those regarding definition of marine insurance contract, disclosure, double insurance, cancellation and transfer of marine insurance contract, insured's duty of paying premium etc. shall be modified.