The Research On Builder's Risks

At present, it is a golden age for shipbuilding industries around the world. As China has been one of the main shipbuilding nations, shipbuilding industries play a significant role in national economy. Builder's risk refers to the insurance of damage, expense and duty caused by risks happening in the process of shipbuilding. The Builder's Risk Clause that used in our insurance market now is passed by PICC in 1^st January, 1986, it protects our shipbuilding industries since it was passed. However, in our country, we attach more importance to the knowledge about ship insurance and marine cargo insurance rather than the specific research about builder's risk. But we should pay more attention to the builder's risk because of its status that become more and more important in international marine insurance and its value in study.In this paper, the author uses the principle of protecting advantages of shipbuilders as the rudder, and carries on a series of discussion. Then the author compares articles about builder's risk in Britain, U.S.A and Japan, picks out the reasonable articles of them that fit for our country, and adapt them into our own laws. The author also advances some advices about the articles of builder's risk insurance in our country.This paper is composed by six parts. In chapter one, the author introduces the definition, character and necessity of builder's risk, then contrasts the ship insurance of our country to help the reader deeply understand the builder's risk of our country. In chapter two, the author investigates the subject of builder's risk, compares the subject of builder's risk in Britain, U.S.A, Japan and our country on the basis of the theoretical research of general insurance subject, and brings forward some suggestions that enlarge the application of the subject of builder's risk to the fuel and lubricating oil used in trial trip or voyage for delivering the Vessel. In chapter three, the author discusses the insurable interest of builder's risk. Whether the insurant can obtain the compensation from the insurer or not after the loss occurs depends on whether the insurant has the insurable interest or not. In chapter four ,the author works about the insurance value of builder's risk and brings forward the suggestion that cancel the proportion restrict of insurance value. In chapter five, the author researches on scope of the risk that the insurer accepts insurance, then the author suggests to expand the risk to the loss of hire that caused by the delay of delivering ship of the dockyard. In chapter six, the author works over at the exception responsibility of the insurer, and suggests modifying the diction of the exception responsibility article and clarifies the collision exception responsibility of insurer.