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Assurance System Of Marine Insurance In China

Posted on:2007-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q Z SunFull Text:PDF
GTID:2206360212455621Subject:International Law
Abstract/Summary:PDF Full Text Request
The warranties in China marine insurance were originated from the English marine insurance practice and it holds an important position therein. The warranties in Chinese marine insurance are special promised clause. But China law did not regulate it concretely. The only provision about warranty in China law is Art.235 of Chinese Maritime Code., This clause regulates the effect of breach warranties. This is apparently inappropriate to the important role of it.The first chapter introduces actuality of warranties in China marine insurance, from several aspects of the meaning of warranties, clauses of Chinese people property insurance company and effect of breach warranties. By introducing the actuality of warranties in China marine insurance, we will figure out that some warranty clauses of China marine insurance are almost same as some clauses of Institute of London Marine Underwriters. But the law of China did not regulate the warranties concretely. To solve the problems of warranties only by using theories of contract law in China. And to clear the character and effect of breaking warranties also by using theories of contract law in China. The warranties in Chinese marine insurance ultimately originated from English marine insurance practice; however China also inherited the legislation tradition of system of civil law. So the second chapter introduces the warranties in marine insurance of England and other countries of Anglo-American law system. And warranties in English marine insurance are introduced in detail. That will be available to establishment and development of the warranty in China Marine Insurance. At the same time the second chapter introduces the practice of primary countries and areas of system of civil law in marine insurance. Because China inherit the legislation tradition of system of civil law, understanding the provisions of correlative country and areas will give...
Keywords/Search Tags:warranties in China marine insurance, express warranties, implied warranties, establishment and development
PDF Full Text Request
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