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A Study On The Legal Issues Related To Protection And Indemnity Insurance

Posted on:2009-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X ShenFull Text:PDF
GTID:2166360248454702Subject:International Law
Abstract/Summary:PDF Full Text Request
P&I is the abbreviation for Protection and Indemnity Insurance. P&I insurance is a complementary, non-profitable, non-limited liability insurance which covers the risks including all the risks that ship-owners shall cover, except the part that the hull insurance has already covered.P&I insurance is a kind of marine insurance, but it has some specialties. With the developments of legal system on marine liability, P&I insurance plays a more important role than ever. However, it receives relatively little coverage or treatment in the legal and academic literature, which is detrimental to the further development of P&I insurance. In light of the widely coverage of P&I insurance, this paper focuses on the basic and key issue-- P&I insurance , with the double aim of deepening the research in marine insurance law and making our national legislations more perfect.This thesis is divided into six chapter except of introduction and concluding remarks. The first chapter is the summary of P&I insurance by comparing P&I insurance with the traditional marine insurance to outburst the difference of P&I. The author emphatically introduces the relativity of P&I and point out the blank of law in this area. And also do the author shows the main function of P&I and the supplementary meaning to the insurance of ship in this chapter.The second part of the thesis is the introduction of P&I club and the discussion about it. On the basic introduction of the history and organization mode of P&I club, the author discuss the particularity of this organization by comparative analysis on the difference between P&I club and general commercial insurer.The main content of the third chapter is about the legal position of the P&I insurance contract. By analyzing the feature of marine insurance contract, we can make sure that P&I insurance contract is one type of marine insurance contract and find the difference of it which has also been discussed in this chapter by combining with the basic principle of marine insurance law.The forth part is about the important function that P&I club make in international oil pollution damage which includes the risk species. And also does the author study deeply on SCOPIC.The fifth part is the key of the thesis. In this part, the problem of the third party's direct action to P&I club is worthy researched and relates to many fundamental disputation such as the position and the statute of P&I club. At last, the author shows his personal suggestion on our country's legislation by drawing lessons from the other countries.The sixth part is the summarize of the whole thesis. It's mainly about how to resolve the problems caused by P&I and P&I insurance contract in our country. And the author shows his proposal on the modification of legislation.
Keywords/Search Tags:P&I insurance(Protection and Indemnity Insurance), P&I club, Direct Action, marine insurance legislation
PDF Full Text Request
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