The Utmost Good Faith Restraints To The Marine Insurer

The utmost good faith principal is a vital principal of the marine insurance, while in both insure theory and practice, that particular principal is always concentrate on the restraint to the insured but neglect the attention to the insurer's obligation. Nevertheless, the utmost good faith principal should restrain both sides of the insurance no matter from the stipulation of MIA 1906 or CMC. Considering of the above, this paper has been studied profoundly on the utmost good faith restraint to the marine insurer with a systemic methodology, hoping to attract the attention of this issue in academia, besides, offering a theoretical reference for the insurance practice and judicatory with a legislative proposal.Comparing,jurisprudence,and history developing are the main methodology.The writer has regarded that the utmost good faith restraints to the marine insu was not only limited to the presentation and the illustration of the agreement, but referred to the whole procedure from the conclusion and carrying out of the agreement to the claim settlement. Since that, the paper was divided into four sections in the chronological order of the marine insurance contract.In section one, with the very beginning, it comes to the origin of the utmost good faith principal and its establishment. Secondary, the paper compares the range of the principal in the continental law system for making the range of the utmost good faith application clear. And the practical basis and the law basis of the insurer restrains present lastly in this section.The primary writing purpose as well as the core of this paper focuses on section two. The insurer's obligation statement which includes presentation and illustration during the reaches to the agreement comes first. Then as to the demonstration obligation, it emphasizes the insurer exceptions clause declaring, as well as evaluating the claims that the latest 09 edition of PRC insurance law has been modified. While in the process of performing the contract and claim settlement, the insurer's utmost good faith obligation comes next. And lastly the consequences of breaking the utmost good faith principal has been brought up. Following the contents below, another important component of the utmost good faith principal, the abstentions and estoppels are also analyzed subordinatively. And give the expression in the new insurance law.The conclusion of the paper comes finally. It assesses the influence to the marine law caused by this insurance law modification and reviewing the improvement and flaw by illustrating the Rule of Incontestability, on the basis of which, give a proposal on the marine law modification.