The Reform Of Warranty In Marine Insurance And Reference To Legislation Of PRC

Warranty in marine insurance which originated from UK and was confirmed by the legislation of many countries in Common Law system, is a method which the insurer uses to control perils. With the change of legislative circumstance, warranty in marine insurance has experienced reform. But in some countries of Civil Law system, alteration of risk which is similar to warranty is used instead, and is conducive to the development of marine insurance market as well.Since there are many defects in the legislation of warranty in our country, modification of Insurance Law and Maritime Law of PRC has been discussed recently. In view of such a condition, the thesis makes a thorough study on the course of reform of warranty by way of historic analysis, expatiates on the advantages and defects between warranty and relative legislative provisions in Civil Law system by comparison and contrast, and at last, puts forward some suggestions to the legislation of PRC, hoping to make contributions to the practice of marine insurance.The thesis is divided into five chapters:Chapter one is the general introduction of warranty. Firstly, it introduces the origin of warranty, and the cause and basis of such a system being applied. Then it devotes to the classification, nature and legal responsibility for breach of warranty.Chapter two discusses the development of warranty in the Common Law system. First of all, it centers on the negative impact of warranty and the need for change, and then focuses on the process of change in Britain and the United States, with reference to other countries. Finally, it gets the conclusion of the trend of this system.Chapter three discusses the legislation of countries in Civil Law system. It introduces the alteration of risk similar to warranty which is represented by German law and Norway law, and compares with warranty to get advantages of alteration of risk which is worth reference by legislation of PRC.Chapter four is the problems in legislation of PRC.Chapter five is the suggestion. According to the discussion above, it puts forward a legal model fit for the legislation of PRC and gives some suggestions in order to consummate it.