Research On The Reform Of Warranty Under Chinese Maritime Code

The warranty system in marine insurance has its root in marine insurance law and practice of the United Kingdom,there are nine sections relevant to warranty system in Marine Insurance Act 1906.As a risk management regime,warranty plays an important role in marine insurance law and practice,it is also has great influence upon the marine insurance law and practice of other common law nations.However,in recent years, there are more and more disputes about warranty system,and more and more experts regard that it is time to reform the whole system.At the same time,there is no concept of warranty in marine insurance law and practice of continental law countries.They mainly regulate the informative obligation of risk increases to control the risks in insurance practice,and it works very well.In Chinese legislation,there is only one clause provided in article 235 of Chinese Maritime Code governing the legal result of breaching warranty.As a result,many problems concerning it rise in Chinese marine insurance practice and related judicial practices.This essay analyses warranty system in common law system and the informative obligation of risk increases in continental law system,it also analyses warranty in Chinese Maritime Code and in Chinese marine insurance practice.At the end,the writer put forward some suggestions for the modification about warranty under Chinese Maritime Code.Chapter one mainly introduces the concept,origin and basic principles of warranty system in marine insurance.It also introduces in detail about legal regulations and practices of warranty in Marine Insurance Act 1906 and in laws of USA,Canada and Australia.It is mainly demonstrated in chapter two that the common law nations are trying to reform warranty system in recent years.To make it more clear,the writer analyses the focus of disputes for reform of warranty and their views,respectively.At the same time, the writer introduces the counter-measures taken by the Institute of London Underwriters,who improved the warranty system and managed to overcome the flaws in warranty system by modifying their hull insurance clauses. Chapter three analyses the legal nature,constitutive requirements,types, performances and legal results of the informative obligation of risk increases.This chapter also makes a deep comparison between the warranty system and the informative obligation of risk increases.The writer presents her own ideas in chapter four based on her analyses for warranty regulated in Chinese law and its application in practice.She thinks that there is no warranty system in Chinese law which is the same as that in common law system, and she put forward some suggestions for the modification of warranty under Chinese Maritime Code from the standpoint of the informative obligation of risk increases in continental law system.