On The Right Of Direct Claim Of The Third Party In Marine Liability Insurance

Recently,with the scholars' profoud study on marine liability insurance,the right of direct claim of the third party against the insurer has become the focus of the study. The system of the third party's right of direct claim breaks the traditional rule of Privity of Contract in civil law,which is,at the same time,the trend of modern liability insurance law.Unfortunately,however,so far there has not been any perfect system about the right in international society,so the study is valuable.Based on the basic principles of civil law as a guide,refering domestic and foreign study and judicial practice,the thesis gives a preliminary study on some fundamental problems of the subject,such as the research value of the system,the theoretical foundation and the specific performance,and put forward legislative proposals as well.In addition to the introduction and the conclusion,the thesis is divided into four chapters.The first chapter gives an overview on the origin and development of the third party's right of direct claim.It introduces the definition and the classification of this subject,as well as the history of maritime liability insurance and the evolution of the concept of the third party's direct claim right.From the rationality and feasibility two aspects,the thesis analyzes the research value of the system.The second chapter describes the legal principle theries and nature of the third party's right of direct claim.By affirming that the third party's direct claim right is contrary to the Privity of Contract rule,the thesis discusses the pros and cons of five kinds of theories on this subject and analyzes its legal nature.The third chapter is the key part of the thesis and introduces the performance of the third party's right of direct claim.It studies differences between the third party's direct claim right in the compulsory maritime liability insurance and that in the common marine liability insurance in the aspects of enforcing conditions as well as the defense of the insurers suffered.The last chapter discusses the legislation about the third party's right of direct claim,which is the difficult part of the thesis.By combining relevant provisions of international conventions and foreign legislations,it analyzes our country's present legislation situation and makes some suggestions on how to build the system about the the third party's direct claim right in our country.