Abandonment In Marine Insurance Study

Abandonment in marine insurance is a unique legal system in marine trade . when marine accidents happen and the actual total loss is inevitable, the assured demands indemnification from the insurer on the basis of constructive total loss, and the subject matter insured shall be abandoned to the insurer and transfer rights and obligations relating to the subject matter insured. Abandonment appears in the ship insurance contract of marine insurance first. Since the aviatic insurance and the goods transport of marine insurance appear, abandonment is gradually accepted by these fields of laws of insurance and the judicial practice. On theory, although many scholars have studied abandonment, few articles are deep and sysmatic. On legislation, abandonment of Chinese "Maritime law" only have several brief regulations, which are really unable to solve the problems in the practice . "Research on abandonment of Marine insurance" is born adjusting to the need of the development of theory and legislative practice. This thesis consists of introduction, basic concepts, the conditions of enforcement, the legal effect and the revision of Chinese present "Maritime law".The introduction part outlines the theory value and the practical significance of this topic. Abandonment is the legal system which protects the insured. Its existence has the rationality and the necessity. In the marine insurance practice, abandonment system powerfully promote the sea transportation development, moreover, there is no other superior systems instead. Therefore, the research and exploration of abandonment have important theoretic value and practical significance until now.The first part is the basic concepts of abandonment. It first summarized many explanations of abandonment and the author's understanding of abandonment on the basis of these explanations. In the author's opinion, abandonment has different definitions when...