Research On Warranties In Marine Insurance

Warranties in marine insurance were originated from the English marine insurance practice. There are totally nine clauses in MIA 1906 from which we know it indeed holds an important position therein.In China, warranties are a particular regime only existing in the marine insurance law. However, there is only one clause provided in Art.235 of CMC governing the result in case of breach of marine warranties. This is apparently inappropriate to the important role of it. As a result, many questions concerning it arise in Chinese marine insurance practice and judicial practice. It is necessary and urgent to specify its definition, nature and other theoretical problems.By summarizing concerned regulations in English and Chinese marine insurance law, and with reference to common used marine insurance clauses, the author analyses the developing tendency of the warranty regime in present time. Also according to the marine insurance law and marine insurance clause existed, the author gives out some suggestions for the modification of warranty terms.The first chapter introduces the origin of warranties in marine insurance, which were originated from English marine insurance practice and judicial practice in the 17 century and were stipulated in MIA 1906 in details.The second chapter introduces the current system of warranties in marine insurance in Britain and China. There are 9 clauses in MIA 1906 and other many stipulations in the Institute Insurance Clauses while there is only one clause provided in Art.235 of CMC governing the result in case of breach of marine warranties and other stipulations involved in Insurance Clauses stipulated by some insurance company.The third chapter systematically analyzes the theoretical issues of warranties...