Research On Utmost Good Faith Principle Of Marine Insurance

Principle of good faith is one of the most important basis of the civil and commercial law and the reflection of notion of justice. The function of principle of the good faith is to fairly weigh the interests of parties and to balance the interests of parties and society. In marine insurance law, the status of principle of good faith gets more important and is referred to as "utmost good faith". In essence, the utmost good faith is a recapitulation of particular obligations of relevant parties under law while the detailed obligations of parties should be found in relevant legal provisions and contractual clauses. Thus, the meaning of the principle of utmost good faith can only be exactly described on the basis of detailed research on the legal provisions pertaining to particular relevant obligations. This thesis has made a concrete researching and introduction to relevant provisions under both Chinese and English law, and meanwhile analyzed the pros and cons of relevant legal system. The research in this thesis may be helpful for the staffs of marine insurance industry and legal profession to understand the status quo of both Chinese and English marine insurance law and useful for the improvement of the legislation and execution of Chinese marine insurance law.