Study On The Duty Of Notification Of Marine Double Insurance

Marine double insurance system is an important part of the insurance law system.But the academic and judicial community have not formed a general awareness of the system. With the continuing development of marine insurance buziness,issues on double insurance are becoming more and more noteworthy.Although insurance law has been revised respectively in 2002 and 2009,the gaps and omissions of double insurance still exist,and it lags behind international legislation.In the view of the above phenomena,using the experience of foreign legislation cases and theory,the author will come up with his legislative advices with the help of comparative analysis to domestic research achievments.This thesis is composed of three chapters except the introduction and conclusion.Chapterâ… gives the concept on the marine double insurance.The thesis expounds the definition and its conditions,and points out a more comprehensive concept of double insurance.Based on the above work,discussing three confusing legal effect of marine double insurance,the thesis tries to rationalize their relationship and points out that it does not make sense that judging the legel effect of marine double insurance contract throngh distinguishing between the insured's good faith and bad faith.Chapterâ…¡inquires into the nature of marine insurance notification duty through comparative analysis to the insurance contract obligation to inform and collateral obligation, and points out that the insured should burden the notification duty and the period to perform it is between claim and settlement.Chapterâ…¢makes a research on the civil responsibility of breaching the duty of notification.After elaborating that the civil responsibility is liability for breach,this chapter draws a conclusion that the form of legal liability for breaching the duty should be principle of indemnity.Ultimately,the author proposes that the insurance law ought to perfect the legal effect of breaching the double insurance duty of notification by the insured during the next revision.