Relevant Laws Of China, "chapter 12 Of The Maritime Research

The thesis takes the modification and consummations of the CMC , a hot topic in the circle of maritime law as its research subject.Chapter one including three sections. Analyses the legislative trend of statue quo and future in the current of international marine insurance as a whole. And make a objective evaluation to the status and effect of British Marine Insurance Act, then analyses the chapter twelfth of CMC, i.e. the contract of marine insurance .finally, thinks that amending the chapter twelfth of CMC should have been imperative under the situation.Chapter two consists of three sections. Detailedly discusses its necessarily to establish the principle of Utmost Good Faith in CMC. The author discusses the principle of Utmost Good Faith, the important statue in the insurance law from the origin of the principle. Dissertates the provisions in the British Marine Insurance Act (1906MIA), studies the prejudications during the progress history of the British marine insurance, and analyses the current statue in the legislation and the judicatory practice, educing that establishing the principle of Utmost Good Faith in CMC is necessary.Chapter three including three sections. Mainly discussing the duty of disclosure, the primary content of the principle of Utmost Good Faith. The author firstly discusses its theory basic, thinking that the duty of disclosure has the bind to the both parties of insurance, and it is the strict duty which the both parties of insurance must be obey. Then comparing the virtue and inferior of different provisions in CMC and 1906MIA. Thinking that the CMC should use for reference the provisions of 1906MIA, i.e. adopting the strict disclosure standard, and introducing "the impudent insurer" as the judging criterion. Suchprovisions not only are propitious to joint the international convention, but makes the law have the forecast and definitely. At the same time, aftereffect of law for violating the duty should adopt the effect of nullity the contract. Thus, it will make the law more science and more preciseness in the theory of law.Chapter four including four sections. Discussing the warranty , another important content of the principle of Utmost Good Faith . Warranty as the most feature content in marine insurance law , has nothing provisions in CMC , which have to say it is a pity .The thesis primary discusses the warranty from the provisions in 1906MIA ,and studies the leading cases in the practice of British marine insurance . finally, thinks that warranty should establish warranty should establish in CMC .Simultaneity .bringing forward the reasonable suggestions to the article 235 in CMC.Chapter five includes six sections. Chiefly discussing the principle of the insurable interest .The writer analyses the principle from its origin, comparing the different provisions in CMC and MIA .Then thinks that the provisions of the insurable interest have the deficiency . After analyzing the theory of law and the course of development of the insurable interest, thinking that establishing the economic insurable interest is necessarily. At last, reasoning the economic insurable interest by the practice of judicatory, affirming that establishing the economic insurable interest has the positive signification in CMC.The chapter six including six sections. Mainly discussing the system of subrogation. Chiefly discussing the nominal, scope and time-bar of exerting the subrogation from the character and the object of legislation of the subrogation. The author thinking that the nominal, scope and time-bar of exerting the subrogation are not the most important, while the most important thing is that we should clarity the object of subrogation, we should establish the standard that the insure exerting the right of subrogation may be select the nominal .while the precondition is not prejudice the interest of the insured .And thinkingthat the time-bar is not a problem which may be arouse the discuss among people , thus clarify the cognition to the time-bar.