Study On The Reform Of The Principle Of Utmost Good Faith In Marine Insurance Law--On The Improvement Of Related Laws In China

Principle of good faith is essential in the field of civil law. Civil subject should be honest and trustworthy in civil activity.They should fulfill their obligations in good faith.Meanwhile, principle of good faith requires the balance of interests between the parties and the balance of interests between the parties and the society. Principle of good faith is emperor terms in the field of civil law,all civil activities should follow this principle. The Principle of Utmost Good Faith reflects the Principle of good faith in the field of marine insurance. The Principle of Utmost Good Faith, derives from Britain, embodies the principle of good faith in the field of Marine Insurance Act. It refers to the parties tell the other person involved all the important fact about the insurance sufficiently and accurately, instead of any false, delusive or concealed behaviors. The parties should own the utmost good faith when make the insurance contract and carry out it. At the initial stage of the marine insurance development, the marine insurance of Britain and some other countries focused on protecting the interests of insurers for that they have to take more responsibilities after accepting the insurance. With the development of technology and improvement of insurance technology, insurers are no longer in the weak position; therefore, the negative effect of utmost good faith which attaches importance to protecting the interests of insurers suffers criticism. As a result, this old rule of law is bound to carrying out various revolutions. In our law, utmost good faith is not defined specifically, but it has been reflected in the Maritime Law and Insurance Law. However, these rules are not perfect enough that need to be modified and replenished. Therefore, this thesis presents some suggestions about how to improve the utmost good faith based on the rules of British law.