The Third Party In Article 218 Of The CMC And Marine Liability Insurance Contract

The proportion of marine liability insurance in marine insurance has increased during recent years. This article analyses the concept and characteristics of marine liability insurance as well as the same of the third party involved in. In this article, primary attentions are paid to the third party mentioned in Article 218 of CMC of the PRC by studying the concept, specialty, range and its relations to the marine liability insurance contract.This article deems that the third party in Article 218 is not a contracting party to the marine liability insurance contract and does not participate in the stipulation of the contract clauses. However, such third party shall be uncertain when the contract is concluded and shall fall within the coverage stipulated in the marine liability insurance contract, otherwise there will be no payment of insurance under the insurance contract. The marine liability insurance contract covers the liabilities in tort, in contract and the administrative liabilities of the insured party, excluding the liability caused by its intentional acts, thus the third party in Article 218 consists of victims of action in tort, relative parties of contract and administrative authorities.Though the third party in Article 218 is not a contracting party, it has certain legal position under the marine liability insurance contract. This article then studies on various theories of different legal systems and evaluates on the same, and raises the opinion that the third party in Article 218 is not an affiliation to the insured party but a relative party (being the third beneficial party) to the marine liability insurance contract. Meanwhile, this article studies the provisions of the insurance policy and relevant regulations, which are the factors that may affect the legal position of the third party in Article 218, and points out the difference of the legal positions of such third party between what it has and what it shall have.To seek the feasibility of the establishment of the legal positions of which the third party in Article 218 shall have, this article further studies the relations between such third party and the insured party, as well as the insurer in the marine liability insurance contract, aiming to build up the balance of claim and protest between the aforesaidparties. This article deems that there are two relations of such third party with the insured party: liability relation and parataxis relation. Such third party has a direct claim towards the insurer and the insurer has double protest against such third party. The protesting rights under the compulsive liability insurance contracts are regulated by law and the protests under the non-compulsive liability insurance contracts shall be carried out in certain principle.In conclusion, this article advances suggestions to the theoretical research and legislation of marine liability insurance contracts based upon the studies on the third party in Article 218 and the marine liability insurance contracts.