| The duty of disclosure under the marine insurance is one of the most important part of the principle of utmost good faith, which requires that one party of the contract must disclose to the other party, before the contract is concluded, any material circumstance relevant to the subject matter insured or perils insured known by the assured, according to the prescriptions of law and contract and the practice, which influences the other party to make correct judgments and decide whether to conclude the contract or not, and on what condition to conclude the contract.The article 223 and 224 of the Maritime Law prescribe the duty of disclosure of the assured. But because they are faulty, unspecific and non-maneuverability, many disputes are aroused in the practice. The thesis proceeds with the subjective and objective condition of the breach of the duty of disclosure under the marine insurance, with reference to the Maritime Law of PRC and MIA 1906, expatiates the legal effects of the breach of the duty of disclosure and the damage, by which it points out the problems existing in our legislation, in the hope of improving the marine insurance law, and promoting the marine insurance well developing.The thesis is divided into four chapters. The first chapter is about the summary of the duty of disclosure, and briefly discusses the signification, nature and performing party of the duty of disclosure, which is ready for the later development of the thesis. The second chapter is the most important part of the thesis. By the discussion of the legal effects of the breach of the duty of disclosure, which belongs to the two different performing parties, it detailedly expatiates the diversified effects of the breach of the duty of disclosure under different circumstances and standards. In the third chapter, the thesis discusses the damage of the breach of the duty of disclosure, with reference to the cases and the law of UK, based on the civil law theory. In the last chapter, it puts forward some suggestions for the legislation of the marine insurance. |
