Third Parties' Right Against Ship Liability Insurers

Legal system of third parties' right against liability insurers breaks the traditional rules of "privity of contract" in civil law, which is, at the same time, the trend of modern liability insurance law. It should be taken seriously, because liability insurance plays an important role in the development of marine insurance. To consider the characteristics of ship liability insurance which mostly be insured by P＆I Club and to meet the development of the legal system that the third parties' right against liability insurers in international law, some issues will be brought out from a case, under the framework of protecting the third parties who suffer damages and the benefit of public. In the present paper, legislation proposals will be brought out that the third parties' right against oil pollution damage insurers should be settled in entity law, based on the analysis of legal system in Civil Liability for Oil Pollution Damage 1969 and shortcoming of article 97 in Special Maritime Procedure Law of China. Main while, legislation proposals that legal system of third parties' right against ship liability insurers in ordinary liability insurance should be founded will also be brought out in this paper, based on the theory that "Right Transferred by Law" in legal system of other country especially The Third Parties (Right Against Insurers) Act 1930 of U.K.