Study On The Warranty Law System In Marine Insurance

Warranty system in marine insurance, being as the principle reflection of utmost good faith, is an important method for the insurer to control the risks covered by insurance. The English Marine Insurance Act 1906 first established warranty system in marine insurance as a legislation. Traditional warranty system was known as strict to the insured and severe consequence for violating obligation. Warranty system in marine insurance was first established to preserve the insurer's interests.Under this system, the insurer's interests were fully considered while the lawful rights and interests of the insured were seriously damaged. Today, many scholars take warrant as a tool for insurer to avoid responsibility, somebody even think the negative effects of warranty system in marine insurance seem to exceed the corresponding positive effects. A trend was surged to modify the warranty system in marine insurance around the world.Warranty is only referred to in article 235 of maritime law in China. The only legal regulation is not only incomplete but also inexact. Our nation does not have a complete warranty system.On the other hand, considering the provisions contained in the judicial interpretation in relation to the issues concerning warranty and the value of this system, it could confirm that our country has already admit the application of warranty system in practice and intent to introduce this system into our marine insurance.As is known to all, there are many differences between different nations during the improvements of the warranty system.Our nation is also facing the problem that how to establish and improve warranty system in marine insurance. The main part of this paper focuses on some focal questions concerned by public as discussion objects, such as, how to identify warrant,whether or not there should exist causation after violating warrant, whether or not China should introduce the implied warranty, etc. meanwhile, this thesis hope to explorer the feasible model to apply warranty system to Chinese law from investigating these problems, which base on China's law environment,...