A Study On The System Of Compulsory Liability Insurance Of Oil Pollution Damage

Appearance and development of the liability insurance is a important modernized sign of insurance. In order to protect victim interests, compulsory insurance will be the development trend in the future. In some specific fields (such as compensation for damage from motor vehicle), compulsory insurance becomes the good choice for most countries. Compulsory insurance first appeared in the field of compensation for oil pollution damage in maritime law. As for the serious oil pollution damage, the problem that how to guarantee full compensation for victim and ensure the steady development of shipping industry is paid more and more attention. Fortunately, this problem is got valid settlement by the system of compulsory liability insurance.Because of the fact that compulsory liability insurance plays a very criminal role in compensation for oil pollution damage, this thesis is to make a thorough study on the relevant concepts, legislations, rules and theories in order to offer references to our country's legislation. This thesis contains about 4, 2000 words and consists of three chapters.Chapter I is the introduction of the system of compulsory liability insurance of oil pollution damage. Firstly, this part begins with double compensation subject mechanisms—liability insurance and compensation fund, which define the position of the system of liability insurance in legislation of compensation for oil pollution damage on the whole. Secondly, supported by theories of insurance law, analyze the basic theories of the liability insurance and stress its development characteristic in compensation for oil pollution damage. Finally, it is imperative to set up the system of compulsory liability insurance.Chapter II analyzes the theories of the system of compulsory liability insurance of oil pollution damage. In this chapter, combined with the basic theories of civil and commercial law, the first two sections elaborate two important theoretical questions of system—the liability insurance contract and the third parties' right of direct action. The last two sections study the relation between the system and "pay to pay" clause of P&I, and relation betweenthe system and the limitation regime of compensation.Chapter III explores the legislation of the system. With international conventions and some countries' legislation of this system, this chapter analyzes the current situation of legislation of liability insurance in our country. It must be paid close attention to establish the system of compulsory liability insurance of oil pollution damage, in order to remedy the blank of legislation. This part put forward to the prospect of the system in our country in form and content two respects.