Obligation To Inform Research. Marine Insurance

A contract of marine insurance is a contract based upon the utmost good faith. Each party of the contract should follow the utmost good faith, while he fulfils his duty. According to the principle of the utmost good faith, disclosure is the main duty of the assured as well as the establishing foundation of the marine insurance contract Although our country's legislation of marine insurance has referred to some experiences of other country's Maritime Insurance Law, the legislation about disclosure in our Maritime Law is not perfect For example, whether the subject of disclosure is limited to the assured; how to assess whether a material circumstance is of importance; whether it is reasonable to regard it as violating the duty of disclosure, that the assured fails to make disclosure without fault; whether the insurer is authorized to request the assured to increase the premium correspondingly when the assured fails to make disclosure, but the insurer doesn't want to avoid the contract The solutions to these questions need the deep analysis in theory.The duty of disclosure can be used in a broad and a narrow sense. This thesis adopts the narrow sense of concept of the duty of disclosure. Besides die introduction and the conclusion, the main text is divided to three chapters.Chapter 1, the outlook of the duty of disclosure. In this chapter, the author first defines the concept of disclosure and the duty of disclosure, then analyzes the legal nature of the disclosure, and concludes that the theoretical foundation of the duty of disclosure is the principle of efficiency and fair.Chapter 2, the fulfilling of the duty of disclosure. In this chapter, the author analyzes the fulfilling of disclosure in five aspects, and puts forward the related legislative proposals. The scope of disclosure is the focus.Chapter 3, the legal consequence of violating the duty of disclosure. The author first analyzes the legal consequence of violating the duty of disclosure, then puts forward proposals for the correlative regulation in our marine insurance.