| Constructive total loss is a particular legal system of marine insurance law. It plays an important role in encouraging and protecting the shipping industry and promoting relevant trade in marine insurance. There are still a great number of deficiencies in Chinese Maritime Law when compared with the Marine Insurance Act 1906.The basic thought of this article is studying and discussing the constructive total loss legal system established in Marine Insurance Act 1906 through the comparison study on the counterparts of Chinese marine insurance law and practice,it is aimed to consummate constructive total loss system in our country's marine insurance. This thesis divides into six parts.The first part is an overview of constructive total loss, describes the meaning of constructive total loss, distinguish between the constructive total loss, the actual total loss, and the partial loss. The second part describes the constructive total loss of the vessel, estimates the cost of repairing damage to the ship and describes the value of the ship constructive total loss basis for comparison. The third part describes the constructive total loss of the cargo, in order to avoid actual loss of goods, estimates the costs of goods that incurred and describes the value of cargo a constructive total loss basis for comparison. The fourth part describes the constructive total loss of the shipping. The fifth part introduces Abandonment, by the meaning of the abandonment notice and whether or not to accept the abandonment of the impact of the parties to deepen the understanding of the constructive total loss. The sixth part is the author's proposal of the perfection of the constructive total loss, defining the constructive total loss that set by the contract.This paper analyze the constructive total loss system comprehensively, it helps not only the solution of the disputes about contracts of marine insurance. but also the improvement of Chinese Marine Insurance legal law.
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