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A Study On Constructive Total Loss System

Posted on:2008-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y M DuFull Text:PDF
GTID:2166360212981223Subject:International Law
Abstract/Summary:PDF Full Text Request
Constructive total loss is a unique legal system in marine insurance law. It plays a vital role in encouraging and protecting the shipping industry and promoting relevant trade in marine insurance. There are still a great number of deficiencies in Chinese Maritime Law when compared with the Marine Insurance Act 1906. The basic thought of this article is studing and discussing the constructive total loss legal system established in Marine Insurance Act 1906 through the comparison study on the counterparts of Chinese marine insurance law and practice, it is aimed to consummate constructive total loss system in our country's marine insurance. This thesis divides into four chapters.The first chapter is the general introduction, which introduces the relationship between constructive total loss and other types of loss and the relationship between constructive total loss and the principle of indemnity.The main part of this article is from the second chapter to the fourth chapter. The second chapter discusses the defination of constructive total loss in Marine Insurance Act 1906, and puts forward suggestion in focus the relevant part of Maritime Code of the P.R.C.The third chapter is about the types of constructive total loss in Marine Insurance Act 1906, it is aimed to obtain a comprehensive and deep understanding of constructive total loss through the analysis of the wording of the Act and authority cases.The last chapter discusses the legal force of constructive total loss and the marine insurance abandonment. It obtains a deep understanding of the legal force of constructive total loss through the analysis of abandonment, notice of abandonment and the legal force of abandonment and puts forward the suggestions for improving the practice of China marince insurance.
Keywords/Search Tags:Marine insurance, Constructive total loss, Abandonment
PDF Full Text Request
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