On The Principle Of Utmost Good Faith And Our Maritime Insurance System

The marine insurance is the origin of modem insurance, while the principle of utmost good faith is the most basic principle of marine insurance practice. In marine insurance, the content of the principle of utmost good faith is larger than the principle of bona fide, and the concrete obligation of the principle of bona fide has already been absorbed by the principle of utmost good faith.The chapter one in this thesis discusses the relations between the principle of utmost good faith and the principle of bona fide. It discuss the necessity of establish the principle of utmost good faith in our legislation and the essence of the principle of utmost good faith. The author considers the essence of the principle of utmost good faith is the principle of bona fide, it is the application and development naturally of the principle of bona fide in the maritime system of contract of insurance. In the marine insurance the principle of utmost good faith is the centre, which well communicated the rights and obligations of both sides. The chapter two in this thesis compare the legislation of the principle of utmost good faith between in England and in China, so as to the England legislation can be beneficial to our country. The chapter three in this thesis analyzes the regulation of the obligation to the assured and the insurer respectively and discusses the regulation of the principle of utmost good faith in our country, so as to well described the point of the essence of the principle. For the regulation of the principle of utmost good faith in our Maritime Law is too principle and single, the chapter four in this thesis discusses the principle of utmost good faith in the hull clause in both England and China, so as to the principle can works better in the hull insurance.As above-mentioned, the principle of utmost good faith shall bind all parties of the marine insurance contract. For the assured, it embody in Disclosure and representation, Warranty etc; for the insurer, it embody inWaiver, Estoppel and so on. And the principle is developing by the development of the hull insurance in the practice of the hull-clause.While our country had entered into the WTO, the principle of utmost good faith has not been established in the marine insurance law. By expounding the principle of utmost good faith comparatively completely, the thesis aims to do some benefit to the legislation of marine insurance law.