Research On The Direct Claim To The Third Party In Marine Liability Insurance

Based on the basic tenets of the Civil Law as a guide, borrowing ideas from the direct claim to the third party system in the existing maritime compulsory liability insurance, combined with the specific conditions in China, the thesis gives a preliminary study on some fundamental problems of the third party's direct claim system in maritime liability insurance, such as the research value of the system, the theoretical foundation, enforcing conditions as well as the defense of the third party suffered and put forward legislative proposals. In addition to the introduction and the conclusion, the thesis is divided into four chapters.The first chapter gives an overview on the direct claim to the third party. It introduces the definition of the third-person direct claim system in marine liability insurance, the research value and the theoretical basis. From the three perspectives of civil liability theory, the theory of insurance and bankruptcy, the thesis illustrates the rationality of the third-person direct claim system in the sea liability insurance and its feasibility from -the three perspectives of protecting the legitimate rights and interests of victims, safeguarding the interests of the insurer and the insured's legal rights. The thesis sheds light on the school of the direct request of the creditors the right of subrogation, the school of the responsibility for payment from that transfer of power and the school of the original made a statement.The second chapter describes the legislative status quo of the direct claim to the third party at home and abroad. This chapter lays out the third-person direct claim system in International Conventions, Common Law and the related regulations of Civil Law Countries and Regions, and points out the flaws of the third party direct claim system in the proceedings of the special procedures of the Marine Act and the Maritime Law. The third chapter describes the third-person direct claim system in the maritime compulsory liability insurance. It gives an overview of the current relevant provisions of the third-person direct request system in international compulsory liability insurance and enforcing conditions as well as the defense of the third person suffered.The fourth chapter is the key part of the thesis and studies the establishment of third-party direct claim system in the arbitrary liability insurance. Owing to differences on nature of the compulsory liability insurance and liability insurance arbitrary, the chapter focuses on the right to transfer the liability insurance in the third arbitrary exercise of the right to directly claim the conditions suffered by the defenses. At the same time, in the any liability insurance in the establishment of a third request directly to the existing system of the impact of the legal system.At last, propose legislative advice. According to this paper, discussed in light of China's current legal status quo, in China by the "CMC" provisions of the law directly in the form of clear statutory conditions in the direct claim to give the third person better protection.