On The System Of Abandonment In Marine Insurance

The basic thought of this article starts from the legislative actuality of marineinsurance abandonment system in our country. Its standpoint is basic theory of Civil andCommercial Law. In the writing process, the author combines the recently academicachievements and synthetically uses the research methods of law and insurance. Thisarticle emphasize the fundamental theory, legal character, rule of exertion and force oflaw to search the choice and way through which we can consummate abandonmentsystem in our country's marine insurance.The first part emphasizes and explains the concept, theory basis and institutionalmerit of insurance abandonment system. It establishes theory keynote and generallyleads the whole article. The author starts from the origin and concept of abandonmentand deeply analyzes the theory basis and institutional merit of abandonment system stepby step. This article indicates that the abandonment base on compensation insuranceloss principle in insurance and base on self-rule principle and its limits in civil law. Theauthors explain the institutional merit of abandonment system from three angles. Theseangles include safeguarding interest of the insurant, bringing into full play theavailability of object and accelerating development of insurance enterprise. At the endof this part, the author compares abandonment system with insurance subrogationrequest system to definitude the connotation of abandonment system.The main part of this article is from the second part to the fourth part. The secondpart is the connection between the preceding and the following. It continues the firstpart to expatiate theory of marine insurance abandonment system. Moreover, it is theprerequisite to demonstrative analysis of the exertion and legal effect of marineinsurance abandonment system for the third section and the fourth section. In the secondpart the author emphasize that the legal character of abandonment is unilateral action,which is implemented by the insurant. This action is regarded as unilateral action whichis implemented by the insurant in German and Japan. But it is regarded as an offer sentout by the insurant to make an abandonment contract in Common Law Legal Systemand our country.In the third part, the author analyses by the numbers many basic problems such ascharacter, limitation term and cognizance of estimative total loss system, which is theprerequisite to the exertion of marine insurance abandonment system. Then, the articleemphatically elaborates the core content of this part, which is the basic condition ofabandonment exertion to resolve fundamental problems in abandonment exertion and toresolve the problems on conflict and balance of interest in this process. At last, theauthor analyses the salvage obligation of the insurant. It is an important and practicalquestion.The fourth part discusses the legal force of marine insurance abandonment. Itclarifies two basic effects after marine insurance abandonment is exerted effectively.The effects include transferring all right and obligation of the targeted matter andcompensating all insurance premiums. In this frame-saw, the author probes into theconflict and harmony between marine insurance abandonment and the right of ending anagreement in advance to help us to resolve practical problems.The fifth part summarizes the article .It puts forward definite and idiographiclegislative suggestion in focus from five aspects. These aspects include concept ofabandonment, time limit of abandonment notice, establishment and form ofabandonment contract, legal effect of the insurer keeping silence and adscription ofright of the targeted matter when the abandonment contract is not established. At last,the author sums up the main opinion of this article.