Research On The Marine Insurers′defenses Upon Breach Of Disclosure Obligation

With the development of the insurance industry more and more rapidly in today's society,the development of the marine insurance which is the source of insurance industry is playing an increasingly powerful role.Since the contract of marine insurance is between an unequal footing,and the damage to the interests of both substantial contractual relationship is too huge,so to protect the good interests of the disadvantaged side of the insured person is should be the aim of the marine insurance.In the maritime practice, insurers frequently refused or less to pay compensation.Their practice not only damage to the insured party's interests, but also loss the target of marine insurance which is due to mitigate risk of insured party's.In this paper, by way of marine insurance the insured person who contravenes this obligation after the insurer's defenses as the research object, focused on the insured person should be informed of the scope of the important information, so as to clarify the scope of the obligations of the insured person, because only the obligation to cleardelineated in order to talk about breach of the obligation.The paper discusses the insurer's defense options of insured against different subjective fault state, and legal defenses of insurance made by the exercise of restrictions. Finally, the paper compare of practices in other countries, put forward to optimizing marine insurance of China.This paper adopted a method of comparative study to compare the development of marine insurance from the originator of the UK to Norway, Australia and other countries in the marine insurance in violation of this obligation defenses after the relevant provisions in order to improve our country for the purpose of marine insurance law has done a thoroughstudies, and put forward some of the points after I thought.The significance of this writing is to prevent abuse of marine insurance defenses based on breach of this obligation to the insured person the right to cause great damage to the interests of the consequences of maintaining the law's fairness and justice.