On Informing In The Marine Insurance Obligations

The marine insurance is the origin of modern insurance, while the duty of disclosure and representation is one of the most important systems of maritine insurance, influencing the benefit of the contract parties.The dissertation consists of five parts except the introduction and the conclution.Part one compares the duty of disclosure with the duty of representation. By analyzing the source ,subject, legal nature and function of the two duties, the dissertation insists that there is identity in the two duties and both the disclosure and the representation are the information supplying-duties in the insurance contract construction course.Part two is on the theory souce of the two duties. According to the traditional theory, the duty of disclosure is based on the principle of utmost good faith., which is not fully accepted by this dissertation. In the opinion of the writer, the principle of utmost good faith is not the reasonable theory. The information asnmmetry and technical need to value the risk degree is the factorial foundation and the principle of utmost good faith is the theoretical instrument. The same gose for the duty of representation.Part three is on the subject of the duties. In the ' maritime law ', there is only a conception of the insured .Considering the difficulties in the practice of marine insurance, the article suggests that the conception of policy-holder be introduced. Besides, the leagal status of insurance broker in our country is not the same as that in Britian, though they are all called broker. As there is no agent of the insured in the law, the article advises to improve the broker system of our country and ask the broker to responsible for the duty of disclosure. The insurer is the leagal subject of the duty of representation and there is no doubt about it. However, the one who deal with the business of insurance in practice is the agent of insurer, so it is necessary to identify the...