The Right Of Direct Action Of The Third Party Against The Insurer Of The Marine Liability Insurance

It is necessary for the ship owners, who operate and manage the ship, to buy the marine liability insurance. Recently, with the scholars' study on marine liability insurance, the direct action rights of the third parties against the insurer under the marine liability insurance have become the focus of the study. According to the traditional theories, there is no inevitable connection between the third parties and the insurer, and the third parities' claim should not be brought directly to the insurer. However, as the marine liability insurance is more concerned about the protection of the public interest, protecting the third parties' interest has become the aim of certain marine liability insurance. Moreover, many conventions and domestic laws make some regulation concerning tile rights, which means the existence of the rights has become the inevitable fact. Unfortunately, however, so far there has not been any perfect or proper system about the rights in international society, which is also the case in our country. Therefore, how to build the system about the direct action rights of the third parties has become the focus in both theory and practice.This thesis deals with the direct action rights of the third parties under the marine liability insurance in many aspects. The first chapter explains the relevant concepts to the rights. The second chapter briefly introduces the direct action rights of the third parties under the compulsory marine liability insurance. The third chapter then explains the direct action rights of the third parties under the common marine liability insurance. The fourth chapter analyzes our country's present legislation situation and makes some suggestions on how to build the system about the rights in our country. The last chapter summarizes the author's viewpoints.