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A Number Of Legal Issues On Marine Insurance

Posted on:2008-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhouFull Text:PDF
GTID:2206360242969949Subject:International Law
Abstract/Summary:PDF Full Text Request
As people pay more and more attention to security and guarantee, the insurance is becoming more vigorous. The marine insurance also has developed in the new condition. In the beginning of the marine insurance, the laws about marine insurance stipulated on the assured very severely in order to avoid the assured making use of insurance to get illegal benefits, which just embodied the original intention of legislators to protect the insurers at that time. But along with the development of the marine insurance, the valuable tropism of law system on the marine insurance has changed stealthily.The paper discusses the definition of the insurable interest, inscapes and functions firstly, and compares the provisions on the insurable interest between common law legal family and continental law legal family simultaneously. It emphasizes that it should take the principle of economic interest in marine insurance and emphasizes the relativity of the insurable interest, and embodies the valuable transition of international marine insurance by discussing the aspects of the insurable interest. In chapter two, the paper mainly addresses the duty of disclosure of the assured and insurer separately. By restricting the duty of disclosure of the assured and strictly requiring the duty of disclosure of the insurer, the insurance is developing in the direction of protecting the interests of the assured. In chapter three, the paper discusses the definition, classification and limitation of the warranty, and especially stressing the legal consequence of breach of warranty.As the above-mentioned, the article puts forward proposals for the problems on the insurable interest, the duty of disclosure and the warranty in order to provide some helps.
Keywords/Search Tags:the insurable interest, the principle of economic interest, the duty of disclosure, the warranty
PDF Full Text Request
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