On Principle Of Proximate Cause For Marine Insurance

Principle of proximate cause is the basic principle of marine insurance & claims, whose standard implication and specific application standard are argued quite a lot in practice and theory. In this thesis, the relationship between this principle and causation theory in civil law has been discussed in depth, and based on the contractual nature of marine insurance, the author has put forward the basic viewpoint that: when to judge the proximate cause of loss and whether the insured can obtain indemnity or not, it should be based on the intention and reasonable expectations of the parties. The author has systematically summarized and explained the specific application rules of judging the proximate cause developed from Anglo-American case law, described the standard value of principle of proximate cause in detail, and analyzed the main factors that impact the application of this principle. On this basis, the author has also inspected that whether there exist the principle of proximate cause in relevant laws of our country as well as whether have carried on the inspection using the principle of proximate cause in judicial practice or not, pointed out the difficulties faced by lack of the principle of proximate cause in China's legislation, and proposed the legislation conception to establish the principle of proximate cause in our country combining with the status of marine insurance legislation in our country. Specifically, this thesis is divided into 4 chapters:Chapter I The fundamental theory for principle of proximate cause of marine insurance. This chapter is divided into three parts, Part-1 introduces meaning regarding to principle of proximate cause for marine insurance, the author define concept of principle of proximate cause in marine insurance through introducing the meaning proximate cause referred from the academic circles, i.e. principle of proximate cause in marine insurance, which refers that when to determine factors of leading to the marine insurance object loss, it should be taken the most direct, the factors that played the decisive role as the bases of judging the causation between risk of accidents and the marine insurance object loss, thus to determine a principle of liability of compensation of the marine insurance. In the subsequent two parts, the author has described the judgment standard of this principle as well as the relationship between it and causation theory in civil law.Chapter II The specific application rules for principle of proximate cause for marine insurance. This part contains two aspects, one is having introduced the rules of proximate cause determination and identification of insurance liability, although these specific application rules have been established by plenty of cases, so far, either in academia or in practice, these rules are still controversial; the second is having analyzed the issues requiring attention in principle of proximate cause of applicable in the maritime insurance.Chapter III Factors impacting the application of principle of proximate cause for marine insurance. This chapter has analyzed the value behind the principle of proximate cause, while the application of principle of proximate cause for marine insurance determines whether the loss can be compensated. In the process of balance of interests and game for the insurer and the insured, the value position of the Court and agreement of both parties will have a greater impact on the application of the principle of proximate cause for marine insurance.Chapter IV Application of principle of proximate cause for marine insurance in laws of our country. In this thesis, the author mainly has inspected that whether there exist the principle of proximate cause in relevant marine insurance laws in China, as well as whether it has applied the principle of proximate cause in judicial practice or not, and at the same time, analyzed the dilemma caused by the loss of principle of proximate cause in legislation, and combining with the status of marine insurance legislation in our country, the author has put forward the outlook on legislation for principle of proximate cause.