Study On The Seaworthiness In Marine Insurance

When deal with insurance claim for average accidents, the parties often dispute on the seaworthiness. Especially in recent years, several cases related to claims for damage involved in the seaworthiness in marine insurance. So the research in this field must have a positive effect in identifying the legal status and practical application of seaworthiness in marine insurance. With the comparative method, this thesis analyzes deeply the relevant legal provisions, which are stipulated in British MIA 1906 and Chinese laws, and then discuss the advanced aspects of British regime and Chinese practice, in order to improve the relevant legislations of marine insurance in China.This thesis is composed of four parts. The first charter introduces the basic content of seaworthiness in marine insurance, then based on the definition and classification of seaworthiness and marine insurance, the writer gives a brief introduction about the standards of seaworthiness, and analyzes the seaworthiness in three major kinds marine insurance. In the second charter, the relevant provisions of MIA 1906 are studied in details, including the legal nature of seaworthiness in different marine insurances, the time of seaworthiness, doctrine of stage seaworthiness, doctrine of no continuing seaworthiness, no implied warranty that goods are seaworthy, the consequences caused by violation of seaworthiness and so on. And then a large number of classic cases are cited in order to interpret the provisions. The next part uses the comparative analysis method, involves the provisions about seaworthiness in both Chinese law and MIA1906, focuses on the application of unseaworthy exclusion, the distinction between exclusion and implied warranty, the relationship between exclusion and the insurer's obligation of notice, while the burden of proof were also discussed in this part. The last charter discusses impaction on seaworthiness in marine insurance brought by ISM Rules, ISPS Rules and The Rotterdam Rules, and then the author gives the ideas about how to modify the provisions related to seaworthiness of marine insurance in China, that is to say, the author makes her own view on the problems such as implied warranty of seaworthiness should or not be introduced, the legal status of seaworthiness in voyage policy on goods, the application of unseaworthy.