On Utmost Good Faith Of Marine Insurance Law

A contract should base upon the Good Faith, which should be observed by all parties. Nearly all modern countries regard this principle as the basic of civil law. It is definitely right that the parties of the contract of marine insurance should observe the principle of good faith. Because of the particularity of the marine insurance contract, the inequality of the two parties, and the principle of utmost good faith should be observed by all parties. That is to say, the marine insurance contract's acquirement on good faith is more important and stricter than the other contracts. Parties of the marine insurance contract should observe not only the general good faith, but also the given obligation, such as disclosure, representation and warranties. This principle is which we called the Utmost Good Faith.The principle of utmost good faith is the basic of a contract of marine insurance. It is one of the basic principles of the marine insurance law. In practice, there are many disputes arose because of one party of the contract not abide by the principle. So, the principle should be observed by all parties, including the insurer, the assured, the agent and the broker. Whether the parties abide by and perform the duty of utmost good faith has become important assurance for the development of marine insurance.Besides, the principle of utmost good faith should be abide by through the whole contract of marine insurance, including the pre-contractual phase, the post-contractual phase and continuing until a claim for cover is issued.The author, basing on the basic theories of principle of utmost good faith, researches some important theoretic questions of every party's duty during different phases.In this thesis, Chapter I mainly discuss the relationship among Utmost Good Faith and other principle of the marine insurance contract. Chapter II researches the assured's duty of good faith and claims. Chapter III researches the insurer's...