The Application Of Insurable Interest Principle In Judicial Practice Of Marine Insurance

This paper wishes to make a deep and systematic study on marine insurable interest which has strong particularity,so as to provide reference for the field of judicature and practice,The author,relying on the Insurance Law of PRC and the Maritime Code of PRC,referring to the relevant provisions of insurable interest in MARINE INSURANCE ACT,1906 and combining the insurance and judicial practices at home and abroad,makes a study and analysis on the problems about the ascertainment and application of insurable interest in the marine insurance in China, discusses to whom and when the interest must attach,and disserts the insurable interest in two special aspects of cargo interests and hull interests with lots of cases.On these bases,the paper raises relevant legislative suggestions.The thesis is divided into four chapters.Chapter one is the general introduction of marine insurable interest.Firstly,it makes definition of marine insurable interest by the legislations of many countries;secondly,it discusses the effective maintenance of marine insurable interest,including to whom and when the interest must attach;at last, it disserts how to ascertain the insurable interest in insurance practices.Chapter two discusses the marine interest in cargo insurance.This chapter falls into three parts.Part one is the general introduction of the particularity of cargo insurable interest;part two it discusses who should have the interest of marine cargo insurable;part three disserts the influences of the development of modern international trade and technology to ascertainment of marine cargo insurable interest.Chapter three disserts the hull interests. This chapter falls into four parts.Part one makes a general introduction of hull interests; part two makes a detailed discuss of the insurable interest of hull in building;part three probes into the insurable interest in ship mortgagee's interest insurance;part four discusses the ship operator's interest insurance.On these bases,chapter four raises relevant legislative suggestions.