A Study On Legal Issues Related To Alteration Of Risk In Marine Insurance

Warranty in marine insurance which stemmed from UK is a method used by the insurer to control risks and ensure the subject-matter without an alteration of risk. With the development of economics and the change of the marine insurance market, the negative effects of warranty which are not propitious for further expansion of marine insurance are reflected gradually, meanwhile various countries take different ways to handle problems brought by the traditional warranty. Alteration of risk similar to warranty is a concept only existing in Civilian law countries and areas, and contrarily, reflect development trend of the legislation of marine insurance and promote marine insurance better.Norwegian Marine Insurance Plan of1996, the regulation of alteration of risk in which is more practicable and brand new, providing the legal support for marine insurance in Norwegian, deeply mirrors the development of shipping industry and the great changes of shipping market.There are a sole statutory provision in respect of the warranty in article235of China Maritime Code and, duty of notification when risk is increasing in China Insurance Law, both of which are too simple to deal with the complicated judicial problems. The author makes some comparison with corresponding articles in marine insurance law of England and China, and then put forward the suggestions to perfect the regulation in China Maritime Code through studying alteration of risk in Norwegian Marine Insurance Plan of1996.This thesis consists of three parts. The first part introduces the regulation of alteration of risk in Norwegian Marine Insurance Plan of1996, through elaborating general rules and particular rules on alteration of risk, which is systematic and scientific. The second part relates corresponding legislation in marine insurance of China, article235of China Maritime Code and article49and article52of China Insurance Law. In the third chapter of this thesis, the author makes some comparisons with corresponding articles in marine insurance law of England and China, and put forth suggestions in adjusting China Maritime Code. Factors contained in the regulation of alteration of risk in Norwegian Marine Insurance Plan of1996also exist in marine insurance law of England through warranty, help covered clauses and navigation clauses. Considering the basic condition of our country, it’s necessary to study Norwegian Marine Insurance Plan of1996before revising China Marine Code and put forward suggestions on China’s legislation on warranty which is available to practices of justice and insurance in China.