Abandonment At Sea Of ​​the Study Of The System

Abandonment is a unique legal system in marine insurance law. Abandonment is a system where the subject matter insured has become a constructive total loss and the assured demands indemnification from the insurer on the basis of a total loss, and the subject matter insured shall be abandoned to the insurer and transfer rights and obligations relating to the subject matter insured.Although many scholars have studied abandonment, there are few articles which study abandonment systematically. Abandonment is regarded as a research subject of the article with the research method of comparison. The article is to study abandonment in different countries.As for legal natures of abandonment, there are 4 different understandings: firstly, abandonment is a unilateral legal act; secondly, abandonment is a bilateral legal act; thirdly, abandonment is an act in law on the basis of the decision made by a court; and finally, abandonment is an offer. In author's opinion, abandonment is a bilateral act, and is also a civil act. Abandonment is an offer under English Marine Insurance Act 1906 and Maritime Code of China.There are so many doctrines of the causes of abandonment, which reflect maritime protection policies of different countries. Firstly, "constructive total loss" ; secondly, "legal cause" ; and thirdly, "total loss" .The requirements of abandonment are as follows:1.Clear indication of intention of abandonment. Upon the occurrence of constructive total loss, if the assured wishes to recover the whole amount of the insurance, he shall show his clear intention to transfer the title of the insured subject. The notice of abandonment may be given in any terms which indicate the intention of the assured to abandon his insured interest in the subject-matter insured unconditionally to the insurer.2.To avoid making the complicated procedure of abandonment more complex, it shall not be allowed to add condition to abandonmet.3.Abandonment shall cover all parts of subject-matter insured.4.Once the notice has been accepted, the abandonment is irrevocable.Where there has been a constructive total loss, the assured shall be entitledto abandon the subject matter to the insurer and claim for total loss. The insured is not obliged to abandonment in any case. He has an election, and he cannot elect at all when the subject matter is safe. The assured can claim to be paid as for a constructive total loss or partial loss. Article 255 of Maritime Code of China: "After the occurrence of a peril insured against, the insurer is entitled to waive his right to the subject matter insured and pay the insured the amount in full to relieve himself of the obligations under the contract. In exercising the right prescribed in the preceding paragraph, the insurer shall notify the insured thereof within seven days from the day of the receipt of the notice from the insured regarding the indemnity. The insurer shall remain liable for the necessary and reasonable expenses paid by the insured for avoiding or minimizing the loss prior to his receipt of the said notice." The insurer is given the special right of decontracting by the article, that is to say, the insurer is entitled to waive his right to the subject matter insured and pay the assured the amount in full to relieve himself of the obligations under the contract.But that the insurer refuses to accept abandonment does not affect next abandonment of the assured and the right of the insurer's gaining the proprietary of the subject matter.Once the notice has been accepted, the insurer can take over whatever remains of it and all proprietary rights attached to the subject matter and get the freight which is in the course of being earned by an insured vessel. The assured can claim to be paid for a constructive total loss.Zhouwei (International Law) Directed by: Professor Wang Gen Xing...