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On The Principle Of Proximate Cause, In The Marine Insurance

Posted on:2007-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2206360212955760Subject:International Law
Abstract/Summary:PDF Full Text Request
Principle of Proximate Cause, as an important principle of the marine insurance, it plays a very important role in the indemnity of insurance. The discussion for the principle of proximate cause made by the scholar from home and abroad has never been stopped. A principle which concept can be easily generalized by a sentence, but a point at issue between the insurer and the insured in the processes of practical of applications, and it is also the focus which should be inspected and considered with deliberation when judges judge insurance cases. Due to the legislation about the maritime law has used a lot of principles and regulations of the Anglo-American law system for reference, it is necessary use some cases and classic judge's commentaries in the Anglo-American law.There is no express provision about the principle of proximate cause in our maritime law, and in Anglo-American law, it is only principle of proximate cause of principle. It is said in Latin that "Causa Proxima non Remota Specutatur" is the summrize of the principle of proximate cause. Generally speaking, principle of proximate cause has experienced a processes from "time standard" to "effectiveness standard", that is to say from find the cause which is most close in time to be the proximate cause to find the cause which is most close in effectiveness to be the proximate cause.In the processes of insurance practice, in order to concretely use principle of proximate cause, we should read relative cases as many as possible, according to the principles of proximate cause to concretely analysis the specific circumstances. After the object of insurance met with an accident and suffered losses, we should to find whether the losses was caused by a single cause or by several causes; whether the causes appeared one after another and constitute a unbroken cause - effect relationship or they appeared at the same time and can not determined their time of occurrence; whether the cause of damage was the insured causes and whether it is the exclusive causes definitely stipulated in the insurance policy. After judged and clarified the above, it can determine whether the insurer should be responsible for the losses of the object of insurance according to requires of principle of proximate cause.
Keywords/Search Tags:principle of proximate cause, cause-effect relationship, insured risk, perils excepted, burden of proof
PDF Full Text Request
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